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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I went to my local dentist to have my temporary crown taken off and replaced with my new crown two months ago. The dent

The dental hygienist that worked on me used metal players to supposedly remove the temporary crown. Pulling downward as hard as she could it wouldn’t come off. At least on three attempts the metal plyers slipped and hit my bottom teeth hurting me each time. I asked her are you sure you are... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 28, 2024

You do have a potential case.

Medical malpractice means that a dentist violated the standard of care. A bad outcome is not enough. Another dentist would be needed to evaluate what the dentist did. What occurred here appears to be malpractice.

Due to the nature of dentist...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I'm in bad need to find an medical malpractice attorney.

Can you provide me with the liability insurance company that provides coverage to Metroplex medical centere in Fort Worth, tx ?

Tim Akpinar
Tim Akpinar
answered on Nov 8, 2024

A Texas attorney could advise best, but your question remains open for a week, and you mention being in urgent need of an attorney. To avoid further delays, your best option is to affirmatively go out and seek an attorney. To supplement your searches, you could use the tab above, "Find a... View More

1 Answer | Asked in Medical Malpractice and Sexual Harassment for Texas on
Q: I was sexual assaulted and harassed by an other patient at a detox facility. Is this medical malpractice?
John Michael Frick
John Michael Frick
answered on Nov 7, 2024

Probably not since it was a patient. Your civil claim against your attacker would most likely be characterized as sexual battery.

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was given the wrong medication for heart failure kidney's disease
Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

A Texas attorney could advise best, but your question remains open for almost three weeks. From the brief details, it isn't clear what the damages/injuries resulting from the wrong medication were - I hope you are okay, and that they were not severe. You could reach out to med mal law firms in... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was forced to strip completely naked in front of my doctor's 12-year-old daughter when I was 14-years-old. Can I sue?

Four years ago, when I was 14, I had a skin infection/rash on my thigh and chest and my mother took me to the doctor to be examined. My doctor asked if her 12-year-old daughter could stay in the room while I am being examined and my mother agreed to let her stay and watch. I had to strip completely... View More

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

It seems unlikely and will depend, in part, on what compensable damages, if any, you sustained that can be causally connected to this incident.

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: How can I obtain information about Texas malpractice cases regarding failure to diagnose a birth defect prenatally?
Voss Skoullos
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answered on Jun 11, 2024

Many major courthouses have a law library. Law libraries often have free access to online legal research services. You should be able to pull all the information you're looking for this way.

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1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for Texas on
Q: I paid a hospital my total out of pocket max on my medical insurance before having a surgery done,

Apparently they did not report this to the Insurance company because all the doctors and medical bills should have been paid 100% by insurance but I'm receiving bills from all of them because insurance company say's out of pocket has not been met yet I have talked to both the Hospital and... View More

Tim Akpinar
Tim Akpinar
answered on May 24, 2024

A Texas attorney could advise best, but your question remains open for a week. Sometimes hospital social service staff could help with insurance reimbursement issues. Good luck

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I have a settlement payment arrangement changed years later?

I was a baby when my mother passed from a mal practice in a hospital. There was a lawsuit and the judge advocated for me to have my money set up a certain way. I understand he thought it was in my best interest but I’d rather have all or some of it now. I want to purchase a house and I can’t... View More

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2024

No you cannot have it changed.

But you can sell it. But it would be at a steep discount. Make sure you study any companies you consider and the fine print-not all companies are fair.

2 Answers | Asked in Medical Malpractice for Texas on
Q: I passed out in a hospital and fell and broke my hip. They said not a surgical candidate. Sent me to a nursing home.

I'm 55

Gail N. Friend
Gail N. Friend
answered on May 6, 2024

Since this message indicates You are in Texas; you may call Nurse Attorney Gail Friend at Friend & Associates as there are medical issues involved in your question. That is, expedited treatment of a fractured hip is the usual standard, Unless you were in the hospital because of underlying... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Wife was and is going through terrible for awhile and she went to the hospital ER here and they misdiagnosed her.

After they said she was fine, they sent her away with basic pain pill prescriptions and after another week of his pain, she went to her regular doctor and she was given the same tests as before: blood urine and such, but her doctor found she had e.coli!

She could have died she was told!

Joel Gary Selik
Joel Gary Selik
answered on Nov 29, 2023

It is a possible medical malpractice case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries...
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2 Answers | Asked in Medical Malpractice for Texas on
Q: What type of lawyer do I seek for a surgery gone wrong?

There could be some illegal activities involved.

Joel Gary Selik
Joel Gary Selik
answered on Oct 4, 2023

Consult with experienced Medical Malpractice attorneys in the state where this occurred.

Use the link on Justia.com to search for an attorney.

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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Went to a Dentist, they really messed up my teeth badly. What can I do, Sue?

Got pictures of what my teeth looked like before the dentist and after.

Joel Gary Selik
Joel Gary Selik
answered on Sep 14, 2023

You might have a case.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may effect...
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2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I need to file a claim against Brooke Army medical center pro se. Is it hard, do I need to attach medical records?

Is asking for 5 million too much. My sf95 was denied and so was my appeal.

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

You will need to include with your filing the required report of a medical professional in the same field of medicine and the same area of specialization as the healthcare provider who you are accusing of malpractice. Be sure you understand exactly what is required.

What is reasonable in...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Misdiagnosed of a rare cancer

I was misdiagnosed of a rare cancer in 2021, and received 14 series of chemotherapy on a weekly basis. I was was told that I have only 3 years to live without treatment and 5 years with treatment. I sought second opinion and after a PET scan, the diagnoses was not right, I don't have a... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

Yes, you might have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. The time limitations may also be an issue. Due to the nature of medical malpractice cases, the extent... View More

3 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for Texas on
Q: where can I find a healthcare lawyer who handles general negligence, medical negligence, & unprofessional conduct?

A minor was falsely accused of sexual abuse and questioned without parental consent by her dentist.

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

This is an extraordinarily unusual situation and there is no clear 'area of law' that governs it.

Complaints about unprofessional conduct of a dentist can be made to the Texas State Board of Dental Examiners (https://tsbde.texas.gov/complaint-investigations-process/). This may...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Does sb14 give police officers the authority to arrest someone committing an offense against this law?

Can the female genital mutilation law from 1999 be used in conjunction with the new gender mutilation law, sb14? Also, I was told not a single DA would take a case with the charge from the... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Built into the 1999 law is the following defense:

"It is a defense to prosecution under Subsection (a) that:

(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license; and...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I sue a dental office for malpractice? Last August went to dentist for partial upper and lower dentures.

Was put under sedation so didn’t notice until I got home that every tooth had been pulled. They had an orthopedic surgeon come in to do the procedure but unfortunately he was given the wrong info. I contacted the office the same day through my niece whom works there. The Dentist that did the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

No wonder you’re upset.

You have a case. Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue a Dr. for missing a diagnosis that caused my son to be preterm and complications during pregnancy?

My son was born preterm, with complications in 2016. I was recently diagnosed (by a different Dr. in 2023) with a heart shaped uterus-very rare and I should’ve been high risk during my entire pregnancy-but was never told this. I suffered complications because of it, and now will forever have... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 23, 2023

You and the child may have cases. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

The cases may or may not be beyond the time limit to sue. Consult with experienced...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Hello i have a question to see if i may have a case i have a dr that put a device n my leg he told me that it would not

harm my leg ok it is causeing me to have an infection not once but twice he knows this he wont remove it he has blocked my phone calls and not responding to me

John Michael Frick
John Michael Frick
answered on May 8, 2023

A medical malpractice claim requires that a doctor’s act or omissions fall below the standard of care of doctors in the same area of practice in the same or similar circumstances. The mere presence of an infection does not necessarily mean the doctor’s actions fell below the standard of care.... View More

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