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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111679
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question dont know where to turn to recently I got

Customer Question

I have a question don't know where to turn to recently I got real sick on april 30 2012 really bad having to be in and out of the hospitals having drs say nothing is wrong with me in the whole city of el paso a dr even laughed at me when I asked him what was wrong with me they took out my gulbladder saying that would help me that wasn't the issue I went to very hospital in el paso with bad stomach pains kept throwing up over an over no one in the whole city could help they just kept saying nothing is wrong with me so my family in new mexico had me come to the hospitals here in alb nm finally they said I had gastro parisis but no im labeled as a drug seeker its hard for me to get comfort for the pain I have had a recent surgery that they implanted a gastric stimulator but seems not to be working the dr said it can take a year or more I was also in a hospital visit in santa rosa nm where the dr told my father and step mother that im probably a herion addict because in all his years he has never seen so many pokes in an arm especially all over my veins which was due to so many er visits they have had so much trouble where my veins collapse or they need another spot which was very awful to be accussed of especially after so much that I have been going thru so I refused his service after that but he stayed talking to my father and step mother after I went to the car my father came out asking me to take a drug test so I did because of the stupid drs accussations just to prove to everyone that I wasn't lying how can I clear my name from all of this im still being treated for this condition but its hard for anyone to take me serious is there anything I can do about all this or am I wasting my time ?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.
Hi,

Thank you for your question and I'm sorry to hear about your situation.

Can you please tell me your age?

I look forward to hearing back from you.

-ZDN
Customer: replied 3 years ago.

Im 35

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the hospital in El Paso has misdiagnosed you and has improperly characterized you as a substance abuser, you have two recourses.

First, under HIPAA you have the right to demand your medical records be corrected and any incorrect information, such as you being a substance abuser, removed. If they refuse to do so upon your written demand pursuant to HIPAA, then the US Department of Health and Hospitals is the sole agency with authority to enforce HIPAA and you would file your complaint with them with proof of your drug tests and any other proof you have that you are not a substance abuser and were misdiagnosed by the El Paso hospitals.

Second, if your doctors are willing to attest to the fact that El Paso misdiagnosed you, then this would be grounds to sue the El Paso facilities for malpractice and seek damages against them. Under Texas law, an expert is required to testify that the treating doctor acted below the reasonable standards of care in misdiagnosing your condition. See: Tex. Civ. Prac. & Rem. Code. § 74.351. Failure to provide an expert affidavit attesting to the negligence within 120 days of filing suit is grounds for dismissing any malpractice suit.

These are your two avenues of legal recourse.




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