Texas Medical Malpractice Questions & Answers

Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.

Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Answered on Nov 21, 2018
Daniel John Christensen's answer
Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her

1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Answered on Oct 2, 2018
Peter Munsing's answer
Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.

Q: Medical Malpractice, plastic surgery question

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Jul 25, 2018
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles medical negilgence--they give free consults. If they choose not to take it talk to another--it's a question of investing their time/money vs risk and like banks who'll give a mortgage to a person who was denied by another bank--each has their parameters.

However I'm not hearing you went to any medical scalp specialist to see what happened and what medically are your options. Regardless of the legal end you'd want to know...

Q: Can I file a negligence case on a doctor for failing to diagnose me having stage 3 chronic kidney disease failure?

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Answered on Jul 20, 2018
Bradford Kvinta's answer
Talk to an attorney as soon as possible. Failure to diagnose cases in medical malpractice are difficult, but your attorney can evaluate your claim and help determine a plan of action.

Q: I had shoulder surgery as a result of a work related injury. I now have nerve damage that extends down my arm to my hand

1 Answer | Asked in Medical Malpractice and Workers' Compensation for Texas on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
You would have to get a second opinion from a neurologist implicating that the previous surgeon was at fault

Q: Can I do something about all this things that are going on with this doctor? not all details were included.

1 Answer | Asked in Employment Law, Workers' Compensation, Medical Malpractice and Small Claims for Texas on
Answered on Mar 29, 2018
S. Michael Graham's answer
These are potential violations of the law which need to be addressed by the appropriate agencies like the state medical board, health department, OSHA, or district attorney's office. These violations do not fall under workers' comp which deals primarily with injured workers.

Q: Do I have a case of neglect?

1 Answer | Asked in Nursing Home Abuse and Medical Malpractice for Texas on
Answered on Feb 19, 2018
Robert D. Kreisman's answer
This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.

Q: I have a work related injury, but, I didn't file workers compensation as per my boss's request. I'm now having complica

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Texas on
Answered on Oct 27, 2017
S. Michael Graham's answer
The general rule is that you will have 30 days to report a work-related injury to your employer for a specific injury. You must then file a claim within 1 year from your date of injury. The problem in these cases is the proof. If you can't verify that you reported the claim within 30 days, then you will have problems. Did you text a manager/supervisor about your injury? Was there an incident report completed? Did you go to the doctor and indicate that the injury was work related? All these...

Q: If a doctor had made a medical error from leaving a wire from a bone stimulator does that require medical error?

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Sep 11, 2017
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles medical carelessness cases. The problem is the legislature in Texas protects bad doctors so you may in fact not have a case because of a statute of limitations written not to protect you, the innocent consumer, but to protect the doctors from their patients!

Q: Is a referral (from dr to psych) sent with clearly visible medical information written on it a HIPAA violation?

1 Answer | Asked in Business Law, Civil Litigation, Medical Malpractice and Health Care Law for Texas on
Answered on Jul 7, 2017
Peter Munsing's answer
Not necessarily--and if it is there aren't many remedies. Unless you have reason to believe someone read it it would be hard to prove any privacy case, but why not speak with a local attorney to see what they suggest.

Q: if there is more than gauze in side my stomach from a surgery. is that malpratice

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Jul 7, 2017
Peter Munsing's answer
Not necessarily malpractice if you had multiple gunshot wounds. Go back to a doctor, have them figure out if you have metal in your body

Q: Is a doctor morally and ethically responsible for removing a device that was surgically implanted in a patients back?

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Answered on Jun 20, 2017
Peter Munsing's answer
morally and ethically only if they are free of reservations--you can't force a doctors opinions and I'm hearing this one believes that removal could cause paralysis. Suggest you look to the Johnson Foundation on the medical /ethical issues.

Q: Legal advice: i went to the ER and upon my discharge the doctor gave me a different prescription.

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Jun 9, 2017
Peter Munsing's answer
Unlikely but as members of the Texas Trial Lawyers Assn give free consultations why not get one?

Q: Trying to get legal advice. Had wisdom teeth removed and they started to cut open gum before I was fully asleep

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Answered on Jun 1, 2017
Peter Munsing's answer
It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.

Q: North American spine promised me relief but never received it after surgery .can I get reimbursed

1 Answer | Asked in Medical Malpractice for Texas on
Answered on May 29, 2017
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn--they give free consults. Unfortunately, it may be past the time you can bring the case. Scar tissue is natural, and in some people can be a problem as bad as the disc. Generally, unless they gave a guarantee I don't see a court holding them to their sales pitch. But get the free consult to see.

Q: I want to know if I have a case for a malpractice lawsuit. Dallas, TX

1 Answer | Asked in Medical Malpractice for Texas on
Answered on May 29, 2017
Peter Munsing's answer
Look for an attorney who is a member of the Texas Trial Lawyers Assn in the county where it happened and who handles medical cases--they give free consultations. It looks like you have a case worth investigating. If you get turned down speak with another one--Malpractice cases are very expensive, especially as the Texas Governor and Legislature are hostile to patients's rights, so attorney's may turn down a case because it is too risky given the cost of bringing it.

Good luck!

Q: I'm pregnant the doctor gave me a pap smear & every since than I've been having compilations with my pregnancy

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 24, 2017
Peter Munsing's answer
A pap smear wouldn't make you miscarry unless something bizarre happened. Contact a member of the Texas Trial Lawyers for a free consult, but note that because miscarriages happen for hundreds of reasons and for reasons medicine can't explain, any miscarriage case is difficult.

Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 17, 2017
Peter Munsing's answer
Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her a cease and desist, though I would caution depending on her status, how she left may be volatile and you don't want to rush to get in her face.

Q: I was told from STD clinic that I had no STDs same day emergency room said I did is that a lawsuit

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Apr 17, 2017
Peter Munsing's answer
Only if you were caused an injury by it. You probably need a retest to figure out whether you do or not; or have a specialist look at the two diagnoses.

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