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Texas Medical Malpractice Questions & Answers
1 Answer | Asked in Consumer Law, Health Care Law, Medical Malpractice and White Collar Crime for Texas on
Q: Am I responsible for dishonestly explained and patently unnecessary laboratory charges that my insurance won't cover.

Before I was prescribed Vicodin by my pain specialist, whom I was seeing for pain related to a broken elbow, she required a urine drug screen. She also took blood to do a blood analysis wellness screen which was she assured would be covered by my insurance under the ACA. The lab that did the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2016

Generally people that protest and keep on get reductions. Suggest you collect documents firs. Then talk to journalists, file a complaint with the health department and the insurance department. Certainly sounds like an abusive practice.

1 Answer | Asked in Medical Malpractice for Texas on
Q: My daughter died on Dec 22 due to my embollical cord not being attached to my placenta, the Dr told me this on Dec 9th

They Dr drawed me a pic of the embollical cord not being attached. Is the case I can sue him on? I was still pregnant after being told this that ended up in being a stillborn. He also stated that if the baby hadn't move in a day return back the Dr. He assured me not to worry everything was... View More

Adam Studnicki
Adam Studnicki
answered on Jan 1, 2016

More information is needed to investigate and asses. A medical malpractice lawyer can assist.

1 Answer | Asked in Medical Malpractice for Texas on
Q: Hospice prescribed meds with the wrong consumption instructions. caused mom to go to ER. I need advice. Please help.

Hospice prescribed my mom Meds with the wrong consumption instructions that we believe caused her to get admitted into the ER. This is not the first time that this has happened with this hospice service. After being discharged from the hospital, my moms breathing have not been the same. I need... View More

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

This is a general q&a tool. You can use the find a lawyer tool on this site, or google, to search for lawyers in your area.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Potential Medical Negligence Claim

I am trying to sue a doctor for medical malpractice in the state of Texas. I received a letter from an attorney stating they will not take the case but it states "In addition, if any of the medical providers were affiliated with the State of Texas, you may be required to provide Texas Tort... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Best to retain a lawyer ASAP to help with your case.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: dental procedure

Hi...I went to a dentist in summer for a routine filling and there was a problem with procedure. I had to visit a second dentist and he is still working on fixing it.

What would be the best way to deal with this situation?

Adam Studnicki
Adam Studnicki
answered on Aug 26, 2015

There is not enough factual information here to answer. Talk to a local medical malpractice lawyer who is handles dental malpractice cases.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I sue the ER for failing to correctly diagnose my mothers condition the first visit, resulting in her death?

My mother died 12/2/2014 from complications of a brain tumor. She had to stop chemo and radiation because she had to get part of her colon removed. The first time she went in a ambulance to the ER with stomach pains, no bowl movement, distended stomach, couldn't bend or walk, they just sent... View More

Adam Studnicki
Adam Studnicki
answered on Aug 26, 2015

More information is needed to evaluate if there is a viable malpractice claim. A TX medical malpractice lawyer can evaluate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Can my daughters mother sign a power of attorney over to me in a wrongful death suit

My daughter death was caused by misdiagnosis and she Overdose from the medication . her mother is going through a messy divorce so she wants to sign over power of attorney on the case so no money would be awarded in her name.

Adam Studnicki
Adam Studnicki
answered on Aug 20, 2015

Different states have different laws regarding wrongful death damages. You should talk to your lawyer about this. Also, your daughter's mother should discuss this with her divorce lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in...
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1 Answer | Asked in Medical Malpractice for Texas on
Q: Dr was to remove ovaries due to a mass on one. cut open and closed me back up and recommended me to cancer ob-gym.

Eight months later another surgery successful and no cancer.

In recovery from first surgery dr came in talking cancer with three family members present. Just curious

Adam Studnicki
Adam Studnicki
answered on Jul 16, 2015

There is no question here.

1 Answer | Asked in Medical Malpractice for Texas on
Q: My mother was diagnosed with gall bladder stones when in surgery the surgeon noticed she didn't have a gall bladder.
Adam T. Funk
Adam T. Funk
answered on Mar 31, 2014

I was involved in a similar case. This may have been an unnecessary surgery and therefore malpractice. You should contact a malpractice attorney right away.

1 Answer | Asked in Medical Malpractice for Texas on
Q: My daughter died at John Petersmith Hospital (a county hospital) due to doctor errors and negligence. Can I file malpractice?
Adam T. Funk
Adam T. Funk
answered on Mar 27, 2014

You can file against a county hospital, however, you must get permission first. The Texas Tort Claims Act applies here. The Act requires that you send a claim notice letter to the county first before you can file a lawsuit. There are many rules and caveats you must follow and therefore... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: I have 6 broken medical screws they removed what they could but still having problems walking
Adam T. Funk
Adam T. Funk
answered on Mar 27, 2014

You may have a medical malpractice case, a product defect case, or both. You should sit down with an attorney and talk about your options.

1 Answer | Asked in Medical Malpractice for Texas on
Q: Does operating on adult patients without their specific consent constitute malpractice
Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

There is a claim for failure to obtain informed consent.

1 Answer | Asked in Medical Malpractice for Texas on
Q: My mom passed away Due to toxic effects of mutiple drugs.. doc prescription

My mom passed away the night before I had my son. Due to toxic effects of mutiple drugs which were the prescription they gave her. Zanax, hydrocode, somas, tezapam. Do I have a case as wrongful death?? It was ruled accident. ;-( I need help and don't know what to do!!!

Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

You may have a case against the doctor or even possibly the makers of the drugs. It all depends on the circumstances surrounding the medical treatment. You need to get the records reviewed by a physician and a lawyer to see if there is a case. You have two years to file a wrongful death lawsuit... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was in the hospital getting over a heart attack. They put me on a bench and I fell and broke me neck c-2 vert.

They stopped billing me on the same day. I am still walking wit a walker almost two years later. I feel like I have a malpractice suit against them. I can not find an attorney to take the case and time is running out to file.I think this can be settled out of court.

Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

You are right that you only have two years to file a lawsuit against the hospital. There are a number of factors involved with this type of case and you should find an attorney as soon as possible if you still want to file a lawsuit.

1 Answer | Asked in Medical Malpractice for Texas on
Q: I had knee replacement surgery and have had 2 subsequent surgeries for problems with the knee. Is this a possible case
Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

It all depends on what was done during the initial surgery. If there was malpractice committed, then you may have a case against the doctor. If there was a defective product used, then you may have a case against the manufacturer of the device.

1 Answer | Asked in Medical Malpractice for Texas on
Q: What's the is the time limit on a medical malpractice suit
Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

Two years from the date of the malpractice. There are caveats to that rule and therefore it would be wise to speak to an attorney about your claim.

1 Answer | Asked in Medical Malpractice for Texas on
Q: 30 surgeries later, titanium removed from foot do to infection and nonsupport. Curious if I might have a case.

Broke foot skate boarding. Approximately 30 surgeries on both feet. Have lost 2 yaers of work. Wondering if titanium implants were abd?

Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

It depends on the product itself. There may be a claim if the product was defective, but we would need more information to know.

1 Answer | Asked in Medical Malpractice for Texas on
Q: My mother Fell at hospital broke tib/fib while under hospital staff care can I sue hospital
Edward J. Kazaleh
Edward J. Kazaleh
answered on Feb 26, 2014

Determining if Slip and Fall cases in Texas may be brought or could succeed is very specific to the events and what happened. Your best bet is to sit down with an Attorney and discuss the matter. To recover anything from the hospital will require proving that they were Negligent in their care and... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Medical mal practice elderly
Charles Snyderman
Charles Snyderman
answered on Jun 1, 2013

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