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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Texas on
Q: I was injured during surgery but the doctor wrote self serving notes how should I proceed legally?

My nerves were damaged during a limb salvaging surgery to remove a tumor in my pelvis. My surgeon told me it can take up to 2yrs for my nerves to heal. In retrospect his legal liability end in 2yrs. I'm in the process of getting a second opinion from a neurologist. How should I proceed if... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to meaningfully answer your question as to how to proceed legally - it is a complex, open-ended question that doesn't lend itself to a simple one or two line recommendation. You... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: My sister had leg amputation on Thur, Fri she was sent to a rehab facility where they failed to give pain meds night
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

A Texas attorney could a answer best but your post remains open for two weeks. I'm sorry for your sister's ordeal. She could contact an attorney to discuss in more detail, as to the duration and reason for not administering. Attorneys who practice in this area generally offer free initial... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Is it legal hospital billing to suggest you pay good faith payments on your medical bill?

While asking about financial assistance procedures, I asked if the bill would go to collections before they made a assistance decision. They said just make good faith payments until they decide. Does billing have the authority to halt collections from damaging your credit rating?

Tim Akpinar
Tim Akpinar answered on May 1, 2020

As a general matter, hospital billing departments do have authority to call off collection actions. They have final say in choosing to vigorously pursue an account, or write it off and close it. But if they already turned the account over to a collection agency or attorney, the impact on credit... Read more »

1 Answer | Asked in Consumer Law and Medical Malpractice for Texas on
Q: What should I expect as an MMI after 4 hernias repair and l5/S1 Laminectomy with Discectomy Surgery?

I was injured last year on my job after informing my employer that we need electrical pallet jacks to unload our trucks. I was unloading my truck up an incline with a manual pallet jack when I noticed a sharp pain in my naval area along with a small bulge. I immediately notified the company of my... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 10, 2020

I'm sorry for your ordeal with the relentless pain you are enduring. Unfortunately, the fact that medical treatments do not succeed in ending it does not necessarily mean that this state of affairs is attributable to medical malpractice on the part of a physician or hospital. You have a... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: Can I bring legal action against a doctor that has not responded to seven requests for a prescription refill?

When I contacted the office her assistant told me the doctor has told her to "ignore" all requests for a refill from pharmacies. I have sent two texts and called twice. I am out of my meds at this point, all for hard to treat depression. I have been trying to get refills for two weeks.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

This is a question best handled by a Texas attorney, but you await a response for four weeks. I'm sorry for your difficult situation. If the doctor is refusing to refill based on a medical reasoning in support of your best interests, that could provide them with justification. If they do not... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Before passing away my mom was examined by a cardiologist to determine if she could undergo knee surgery.

The cardiologist examined my mom and said she was fine. My mom was 76 years old. She was also still employed. My mom had knee surgery a few weeks later. Approximately 5 weeks later she died of a heart attack. We were told that her heart attack was caused by almost completely blocked arteries.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 25, 2020

I'm very sorry for the loss of your mother. It would be difficult for an attorney to answer your question based on a few brief lines, despite the fact that you concisely and clearly explained the fundamental basis of the claim you contemplate. As a starting point, you could contact a Texas... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I have a WC case, I fell at work. I had shoulder surgery and my Dr did a AC resection which i did not know about prior

to surgery and WC insurance does not want to cover surgery because they took responsibility for a slap tear but not the AC injury, according to them, it is age related, my Dr knew this and still did surgery on that area and now I am left worse than before surgery with constant pain and lump on my... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

To answer your question, a Texas med mal attorney would probably want to review your medical history and surgical records with a medical professional knowledgeable in orthopedic surgery. I would anticipate that the defense would present evidence to a jury that went to the element of the... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: In December last year I went to the doctor Complaining of a pain in my side. He ignored me.

2 weeks later on 01/02/19 my appendix

ruptured. A cancerous tumor was found.

The rupture put a hole in the colon spreading the cancer.I had to have 5 inches of the colon removed and 19 lymph nodes. 1 of 19 had cancer. After

Surgery the doctor said if I had been sent... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

I'm sorry for your ordeal. It's possible it could be. But an attorney would not be able to offer you a meaningful response based on the brief facts here, as thoroughly as you have outlined the timeline. If you are contemplating an action based on failure to diagnose or other med mal... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Physicians and surgeons get off negligence because they omit medical information and delay for 2 years is WRONG!!!

I had a multilevel fusion October 2015 from a work related injury which eventually resulted in failed back surgery, radiculopathy, neuropathy, and drop foot. I changed primary physician in 2017 due to my lack of treatment for my pain issues and he kept telling me that I couldn’t NOT return to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 17, 2019

These are things you would need to discuss in depth with a Texas attorney, but your post remains open for two weeks. The frustration you express is understandable, but in terms of demonstrating that the physicians and other personnel here acted with the intent to delay your claim to undermine its... Read more »

1 Answer | Asked in Insurance Bad Faith, Family Law, Health Care Law and Medical Malpractice for Texas on
Q: Hello, my question is can a doctor be a beneficiary on an insurance policy in Texas. But I have the death certificate

and how can a doctor get a death certificate and he did not sign for it. also, the doctor does not want to meet with me or talk to me and my mother was mentally ill so I feel she was not in her right mind.

Tim Akpinar
Tim Akpinar answered on Sep 19, 2019

'Sorry that your question remains open for four weeks. At this point, it might make more sense to contact someone directly, either a Texas attorney who deals with life insurance claims litigation, or a knowledgeable licensed insurance professional in Texas who underwrites life insurance... Read more »

2 Answers | Asked in Medical Malpractice for Texas on
Q: If i was missed diagnosed for 9 mths is that malpractice?

I went 9 mths believing these specialist to find out i was dying of stage 4 cancer and a tumor under my arm and now i lost my arm. The doctor told me if i would of came there nine mths sooner they could saved me a lot of pain and suffering.

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

In your case it might be, as I understand your question. I suggest you contact a member of the Texas Assn for Justice in your county.

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1 Answer | Asked in Medical Malpractice for Texas on
Q: is the doctor considered negligent for not referring to ENT sooner?

my son had ear tubes put in 2011 but continued to have recurrent ear infections with ruptured eardrum again since 2013. He was treated over and over with antibiotics and has recently been diagnosed with mastoiditis, cholesteatoma, and a fungal infection that no medication is resolving for the past... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2019

The best way to evaluate the matter could be to set up a consultation with a Texas med mal attorney. It could come down to a matter of being able to demonstrate with medical evidence the extent of damages incurred as a failure to make such referral(s), if that was the case. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law and Medical Malpractice for Texas on
Q: My 91yr old mother in law who is wheelchair bound and in the last stages of Alzheimers disease.

She was discharged to my husband, 61 and had a heart attack and is unemployed and me 63 on medical disability. Needs total assistance with all ADL's. No discharge summary no Plan of care. We were financial unable to cover the cost of the nursing home. She has outlived her money to pay. Between... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 3, 2019

It appears that the nursing home would have done better to advise you to apply for Medicaid. Although Texas is one of 13 states with an income cap ($2,313 in 2019), under federal law an applicant can still qualify by establishing a Qualified Income Trust a/k/a a Miller Trust. This is basically a... Read more »

2 Answers | Asked in Workers' Compensation and Medical Malpractice for Texas on
Q: I would like to know if I have a possible medical malpractice case.

Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... Read more »

S. Michael Graham
S. Michael Graham answered on Jul 1, 2019

If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.

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1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a medical provider who writes a letter for an "Emotional Support Animal" (ESA) be held liable for later injuries?

Letter provided for housing purposes in the state of Texas. Letter is simply stating this person has a disability and would benefit from an ESA. Later the animal causes injury (either personal or property). Secondarily, does length of provider patient relationship play a role in your answer?

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2019

No.

3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: If I had a injury years ago and got in a accident could I be reinjured?
Daniel John Christensen
Daniel John Christensen answered on Mar 21, 2019

I am sorry to hear about your injury. If you suffered an injury in an incident recently, and that injury was really an aggravation of a prior injury, you are still entitled to bring a claim for that aggravation. I would have to know more facts to give you advice specific to your situation. Please... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Would I still have a case?how much time do I have before I can no longer try for a case?

My injury happened at a hospital. I was left unattended and blacked out and hit my head.i never received medical attention due to the fact I have no insurance and no money.this happened almost a year ago.how would I proceed in making a claim ?

Daniel John Christensen
Daniel John Christensen answered on Feb 4, 2019

I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated.... Read more »

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2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

Got here when I was 4 & my folks got my Perm Residency (Green card?) many years ago. I would’ve already become a citizen like my mom & sis but I became disabled (another issue I need help w/since it seems that at least 1of my early docs messed up & is in jail 4 killing & harming... Read more »

Allen C. Ladd
Allen C. Ladd answered on Jan 4, 2019

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... Read more »

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1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on
Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

We have several issue with workman comp/disability. If we could speak with someone about it because it's too long to explain the case,. We have all the paperwork from his case. After 3 years fighting we won his case. We had a lawyer that only took his money did nothing for us we fired him an... Read more »

Daniel John Christensen
Daniel John Christensen answered on Nov 21, 2018

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!

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