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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Got ran over by a garbage truck!

What can I do? I got ran over by a garbage truck December-11-2020. Stayed overnight at the hospital. The E.R. Doctors sent me home the next day. Workers compensation doctors had me do therapy and they let my foot healed improperly. I was forced to walk on my foot for months with it like that until... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2021

A Texas attorney could advise best, but your question remains open for three weeks. The doctors who sent you home might argue that their decision was a sound one based on findings of a physical examination, x-rays, CTs, or other medical evidence available at the time they formulated their... View More

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for Texas on
Q: My father got covid in jail! Can I sue the jail? Or state?

My father test positive for Covid! 2hours after he was released from county jail! He was wearing the same mask he got booked into jail with. 18days with the same mask! I asked and requested that he get a new mask or if I could bring any in. SEVERAL TIMES!!! Was told “I’ll get him one” spoke... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jul 1, 2021

You can sue anyone for almost anything but that doesn't mean you can win. A lawsuit like this would never be a matter of Criminal Law even though it involves the administration of the county jail. This would be a matter of Civil Law and may need to include some sort of Civil Rights argument... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can a physicians services company still bill months after hospital charitably written off services and "closed account"?

I received a bill recently for services that had happened close to nine months ago. I had been approved for financial assistance for those services from the hospital and received a letter saying that "my account [was] closed" around six months before receiving this new bill. Can someone... View More

Tim Akpinar
Tim Akpinar
answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for four weeks. More details could be helpful here. But as a general matter, a patient could be billed by more than one entity for services received in a hospital. A hospital could have its primary billing and collections office, but in... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Do I have a shot?

I am a 23 year old man who almost died due to a very large pharmacy giving me the wrong anti seizure medication, even putting the label over it stating that it was the correct one and telling me to take 5 every night. This caused me to have a seizure in my sleep while vomiting, unable to turn to my... View More

Tim Akpinar
Tim Akpinar
answered on May 11, 2021

A Texas attorney could advise best, but your post remains open for two weeks. And that Texas attorney would really be your current attorney, since you mention being "lawyered up." It isn't clear if this situation transpired OVER [THE COURSE] OF TWO/THREE WEEKS, as you wrote in your... View More

1 Answer | Asked in Juvenile Law, Medical Malpractice and Health Care Law for Texas on
Q: Can a 16 year old minor be prescribed medication with only one parent knowledge and consent in Tennessee?

My wife scheduled mental health counseling for our 16 year old son. Prescription medications SERTRALINE

and FAMOTIDINE were prescribed. I am the father. And was not aware or approved of prescription medications. Can a minor in Tennessee be prescribed these drugs without both parents consent?

Jonathan Tanaka
Jonathan Tanaka
answered on Mar 24, 2021

Hello, thanks for your question!

I am not a doctor and am not sure what those prescriptions are for, but since you're both married and this is your son, you both are free to make medical choices regarding your son, either jointly or separately.

I would suggest that you...
View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Malpractice breaking iv,plastic peace in arm causing massive thrombosis in vain harming the patient physically mentally

I have medical records Showing plastic broken in vain causing damage to functional conditions in arm and fingers causing no feeling serious neuro damage in my left arm I us,interfering with work

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2021

A Texas attorney could advise best, but your post remains open for a week. I'm sorry for your ordeal, but it would be difficult for any attorney to comment meaningfully on this, despite the clear and apparent nature of what you describe - it would call for a medical opinion. You could reach... View More

1 Answer | Asked in Medical Malpractice, Nursing Home Abuse and Wrongful Death for Texas on
Q: My mother died a few years ago due to little rock hospital performing a back surgery and they messed up.she had been

Released but had to b airlifted from the rehab from her surgery back to little rock where they then did not properly care for her in result of her death

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2021

A Texas (or possibly Arkansas) attorney could advise best, but your question remains open for four weeks. I'm very sorry for the loss of your mother. You could reach out to attorneys to discuss in further detail - based on the brief description here, an attorney could not offer meaningful... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was burned with a cutting tool durring an ORIF procedure . Its about the size of a quarter and had a hole in middle.

After awakening from surgery I was told I was burned by accident but not told how to care for it. I called the doctor after the bandage got excessively dirty with drainage. The doctor apologized and told me a piece of equipment slipped. Do I have a case

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

A Texas attorney could advise best, but your question remains open for two weeks. You could reach out to local attorneys for an initial consult - most firms in this field offer free initial consults. They would probably request additional information about the burn (location, severity, permanence,... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Work related injury had two knee surgeries and still don't have an ACL what can I do.

I received a work-related injury which caused to have an arthroscopic surgery was told by the first surgeon that I was fine and there's nothing else he can do and I was not given any pain medication for the first week after my first surgery I was told that they had no prescription for me so I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2020

A Texas attorney could advise best, but your post remains open for two weeks. Your question is complex and raises more than one issue. If you are inquiring from the standpoint of medical practice on the part of the providers, as a starting point, you could reach out to med mal attorneys. Most offer... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I sue St Luke's hospital for CT scan of my wrong side and sent home when hours before I had pancreatitis. ?

I had been having severe left upper quadrant pain for a few months. and about two weeks ago I was really bent over double with pain on my left upper quadrant. I do not have a car but there was a urgent care center with in walking distance. There at the walk in urgent care the doctor took my blood... View More

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2020

A Texas attorney could advise best, but your question remains open for a week. To evaluate your matter more meaningfully, an attorney would likely want to review your patient file with a medical professional. You could reach out to med mal attorneys, many of whom offer free initial consults. That... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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