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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Trying to get legal advice. Had wisdom teeth removed and they started to cut open gum before I was fully asleep

They were also talking rudely about me whilst I was still awake (they thought I was asleep) they put towel over my face so they couldn't see my eyes were open and I had to tell them I was awake. I heard them talk about me and make rude comments about my British accent and more. I heard them... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2017

It was tacky but I don't see malpractice. Consult a local attorney but unless there was fallout you don't have damages.

1 Answer | Asked in Medical Malpractice for Texas on
Q: North American spine promised me relief but never received it after surgery .can I get reimbursed

I was injured at Bonham isd were I worked for 15 yrs .my new supervisor had gave me hell being insulted .I finally just quit.after fighting with workers compensation for a year ..I decided to use my own insurance..so dropped claim ..had got into contact with north American spine institute .were... View More

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

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... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: I want to know if I have a case for a malpractice lawsuit. Dallas, TX

I saw the same family Dr, for 15 years. He changed his practice to a $2K per year concierge practice so I stoped seeing him a little over a year ago. I recently found a new Dr. who discovered I had a high PSA level during an annual physical. He referred me to a urologist who diagnosed me with... View More

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

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,... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Texas on
Q: I'm pregnant the doctor gave me a pap smear & every since than I've been having compilations with my pregnancy

A few days after pap smear I miscarriage

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2017

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.

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

If a provider left on bad terms, although voluntary, can they use former employer's contact numbers to write their prescriptions? I have had a few calls from pharmacies regarding her prescriptions for other patients. Is there any legal issues with this? Is there something that could place our... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

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...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: I was told from STD clinic that I had no STDs same day emergency room said I did is that a lawsuit
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: June of 2015 I was misdiagnosed and almost died because of staff at Huguley Hospital. Is it too late to file a lawsuit?
Peter N. Munsing
Peter N. Munsing
answered on Apr 3, 2017

Depends on what the fallout is. You may be able to get some of the bills off. But to find out contact a member ot the Texas Trial Lawyers Assn that handles medical carelessness cases--they give free consultations.

1 Answer | Asked in Medical Malpractice for Texas on
Q: I received surgeries on both my legs 28 years ago, at the time a second doctor told my parents it was unnecessary.

After a couple of years of the surgery the second doctor looked at my legs he said that it wasn't necessary, was it malpractice and what is the statute of limitations?

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

It may have been malpractice--it depends if an expert would say it wasn't necessary. However the statute of limitations is long gone.

1 Answer | Asked in Criminal Law, Medical Malpractice and Wrongful Death for Texas on
Q: How can I find a lawyer who will do my case pro bono?

I mainly need a lawyer for my criminal cases I have pending. However I do have questions about what my family needs to do to get justice for my dad who recently past and it was declared 100% preventable, and was a result of medical negligence. Please advise me on how to find a lawyer. Thank you.

Paul Saputo Jr.
Paul Saputo Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2017

If you can't afford a lawyer in a criminal case, the court will appoint you a lawyer.

1 Answer | Asked in Medical Malpractice for Texas on
Q: Is it against law to diagnose an elderly with cancer be given meds to pass away easily and not be sick with cancer at al
Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

Not clear what your question is but I suggest you get in touch with a member of the Texas Trial Lawyers Assn who handles medical issues. They give free consultations.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: ER guy threw my insurance card back at me when I was rushed to the hospital. what can I do?

The other day, I was rushed to the ER due to intense pain. There I was asked to fill out the form to 'check in.' The pain intensified and I saw nothing being done. My friend rushed me to another nearby ER. I was asked to fill out the form again. The check in guy kept asking me... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

learn to give answers--they have to know your name, details, otherwise they get screwed. That doesn't mean they can't have an attitude, but you can't assume that they have to treat you first, ask questions later. They need a medical history. They can't start "treating... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Q: I had a colonoscopy yesterday. I later found out i had to be intubated becuase I stopped breathing.

I had a colonoscopy yesterday. I later found out i had to be intubated becuase I stopped breathing. I now have severe throat pain. Was i given to much anesthesia or what happened? What should I do?

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

Any intubation can cause some sore throat. Report it. Treat it. See what happens. If you have damage to your vocal chords, then consult an attorney who handles malpractice. You may want to find out if you stopped breathing entirely or if it was an apnea episode. Consult your cardiologist.

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1 Answer | Asked in Medical Malpractice for Texas on
Q: Is it possible to sue (& win) for malpractice in Texas. Had a stroke last year at 44.

Is it possible to sue (& win) for malpractice in Texas. Had a stroke last year at 44. Only symptom I had was blindness in one eye and pain. Local ER doc was convinced I was showing early sign of MS and referred me to a neurologist after the holiday break. Apparently I had all the precursors for... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 1, 2016

Can you--yes. Will you win--Texas legislators & governor have made it difficult, but not impossible. Get a consult from a member of the Texas Trial Lawyers Assn who handles medical cases--they give free consults.

2 Answers | Asked in Health Care Law, Medical Malpractice, Consumer Law and Personal Injury for Texas on
Q: Q: Maybe I can a straight forward answer about Healthcare (obama Care) My Cataract surgery and Post op care.

I had cataract surgery on one eye in June 2016. I had Insurance . I had been 20/400 in left eye. Cataract surgery was finally approved to regain my vision. Soon as procedure started I heard Dr. say OH S*** which scared me. I was awake and heard the saying went through posterior on 1st cut to... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 23, 2016

as to the decline to renew, haven't heard about that but with Obamacare still in effect and it's open enrollment you should be able to get a new plan.

However on the decline you need to understand why, make copies, ask your state legislators and your US congressperson and senators...
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1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for Texas on
Q: female-50, no other health problems, left her job for routine allergy shot, anaphylaxis, dies at MD office is Med Mal?

the doctor is a Board certified allergy specialist and the allergy shot was a shot build up immunotherapy

Peter N. Munsing
Peter N. Munsing
answered on Sep 18, 2016

Can't be answered without knowing the shot, was doctor a specialist, etc. Certainly it merits investigation by consulting

a member of the Texas /Trial Lawyers Association who handles medical carelessness cases. They give free consultations, handle cases on a contingent fee.

1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for Texas on
Q: Is this a breach of patient confidentiality?

I recently went to the dentist and had a horrible experience. Come to find out the office manager revealed information to a third party about my mental diagnosis and what medications I took. To top it all off she said some horrible things about me. What kind of action can I take?

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Contact a member of the Texas Trial Lawyers Assn who handles libel cases.

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Q: Tx Workers Comp is no fault, what if you are having trouble in hiring a lawyer due to your case may not be worthy

The injury occurred on the job due to severe and unexpected turbulence on board aircraft. As a result, the injury was broken foot and leg and it is not healing as expected. The bone is a possible non union and other issues and the workers comp adjuster and utilization review keep denying physical... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 27, 2016

fractures are worthy out here. Look for a member of the Texas Trial Lawyers Assn who handles workers comp. I'm assuming you're in the Dallas/Ft Worth area.

1 Answer | Asked in Criminal Law, Civil Rights, Medical Malpractice and Personal Injury for Texas on
Q: What if an arrested person has pacemaker and check up and surgery Is due and nobody inside responds and neither does law

If nobody is helping out what should the individual do?

Peter N. Munsing
Peter N. Munsing
answered on Jul 23, 2016

That individual should talk to their lawyer, the prison society, or the Texas Civil Liberties Union prison rights project.

1 Answer | Asked in Employment Law, Medical Malpractice and Health Care Law for Texas on
Q: Can my employer get medical info from my doctor in Texas

My exes dad is was my boss. He has access to my personal information and I believe he used it to access my login on my insurance site and access medical records. He clearly has seen some of my records from what the son has told me but not all because what he says doesn't make sense. The dates... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2016

Close one. Question is also is there a legal remedy. Discuss first with your divorce attorney. If you can prove it's so then there may be other options, which you'd want to discuss with a member of the Texas Trial Lawyers Assn who handles employment issues.

1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can I still sue a hospital after 4 years.

I was released from a hospital after having a baby in 2013. I was unable to walk. And had tightness in my chest. I went back to same hospital and was told It was part of having my baby. So I went to a different hospital 1-2 days later and was rushed to ICU and was put in a drug induced coma for a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 5, 2016

I don't see any facts that would get you out of the statute of limitations, but contact a member of the Texas Trial Lawyers--they give free consultations.

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