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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26811
Experience:  Began practicing law in 1992
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I am in Texas, where tort reform makes it impossible to stop situations

Resolved Question:

I am in Texas, where tort reform makes it impossible to stop
situations that create more problems after a surgery than before.
So, no need to even try to sue, but I'd like to know if there is a place I can write - I had a 6 1/2 hour surgery (colorectal/sigmoidoscopy) which included removal of 24 inches of colon. Due to the nature of the surgery, I had an accident on way to bathroom; an aide came in, said she'd help, but, my pride said no so, on morphine, after extensive surgery, I cleaned the mess, woke up in one and mentioned to the doctor who said it didn't bother him, but he didn't even bother to ask a nurse to help. Obviously, I showered, with no assistance, and no changing or checking of the bandages so I went home with wet bandages. Had my husband not asked to see the site, I'd hate to think of the outcome. I left the hospital with an infection. Saw my doctor who told us to pack it for 6 weeks, which we did and I was given a clean bill of health only to notice I started bulging. I had a hernia which, when the doctor saw me was 1.3 cm was 8 plus by the time I went to the Mayo Clinic in Rochester for back diagnosis from being rear-ended. We spent our time there clearing my back for any necessary surgery, and focusing on the hernia. Fortunately, I was in good hands at the Mayo, had the surgery and am healing from that. My question - does this sound like malpractice? There is no way I will be able to go up against a hospital in this state and, doctors make mistakes, but not changing the bandages and going home with an infection which led me to another surgery, seems outlandish. I can believe why so many people die in hospitals. The hernia surgery was the result of negligence and, if I can in any way, get it so that the hospital is not paid for the first surgery I'd like to know if there is a way. Since I am now 66 I have medicare and another government insurance as my husband is a retired General Officer. So, the taxpayers are paying for both surgeries. I sent in a third-party liability claim to Medicare, but my experience is that
things like this are not taken very seriously. If you can offer any advice, I'd appreciate it. Thank you.
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Your question was "I'd like to know if there is a place I can write".

Do you mean write and complain about your treatment?

You are right about the situation in Texas as far as tort reform. It is ridiculous.
Customer: replied 11 months ago.

THE space ended so I didn't finish. Medicare and Tricare (govt insurance) are paying for a failed surgery and a surgery to fix it.


I would like to contact any and every office about this insure


that the neglect I received is not compensated. Also want agencies to do their jobs. It goes back to writing to TX BUREAU


OF INSURANCE WITH FACTS AND THEY CHOSE TO GO THE EASY WAY - LET THE INSURANCE COMPANY GET AWAY WITH LIES i.e. neither car was damaged - the man who hit me had $6700 worth of damage, I didn't want to sue, I was on my way to watch three young, very active grandchildren, and I have spent the last almost 3 years in pain; having every non-surgical treatment for my back. Writing to the Bureau is a joke =


they denied my comments when I hadn't sent the proof.


I hope nobody experiences the misery and focus on getting well that I have.


If I have to write to the BIG guys, I will. Any suggestions you might have is appreciated.

Expert:  Dwayne B. replied 11 months ago.
I certainly understand you being upset, while the insurance companies continue to pocket outrageous profits injured people in Texas can't get a fair deal.

However, "I would like to contact any and every office about this insure" and "any suggestions" doesn't really tell me how I can help you.

Are there any specific questions I can answer for you?
Customer: replied 11 months ago.
Knowing the law, what would it take to see that Medicare and Tricare be reversed?
Expert:  Dwayne B. replied 11 months ago.
I'm still not understanding, I apologize. What did Medicare and Tricare do that you want reversed? Do you want them not to pay the bill?
Customer: replied 11 months ago.

I think Tricare, which paid the majority of the bills until I reached 65, should take an honest look at my proof and go after Liberty Mutual. Medicare paid for a surgery that was a total failure and I went to Mayo for repair. Should the hospital and Dr who failed, be paid by Medicare?

Expert:  Dwayne B. replied 11 months ago.
Generally a doctor or a hospital don't guarantee the success of any procedure, just that they will do the procedures they say they will do and do them correctly according to the "reasonable medical standards".

The problem yo have is that if the insurance doesn't pay or pulls their money back then the doctor and hospital will be looking to you for payment. Somewhere in those stacks of forms they have you sign is one where you promise to pay for anything that isn't paid for by insurance. There is also another one stating that you realize there is a risk to the procedure, including it not having any effect, but you want them to proceed anyway.

You can certainly complain about the treatment to Medicare but it would seem to just put you in an even worse situation than you are now.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26811
Experience: Began practicing law in 1992
Dwayne B. and 15 other Legal Specialists are ready to help you
Customer: replied 8 months ago.

Where do I go to see if I should get a lawyer. The hospital was negligent; wrong med dosage, off of pain machine for 2 1/2 hours while nurse attended to a beeper call. Due to the nature of the surgery, I didn't make it to the bathroom in time and left a mess, which I had to clean. Without help (I had 6 1/2 hours of unnecessary surgery. The bandages were not changed, and, fortunately, my husband looked at the site which was already red - I had an infection when I left the hospital; packed it for six weeks and then, a hernia that my surgeon said didn't have to be repaired. Fortunately I had an appointment at Mayo Clinic in Rochester, MN to get a diagnosis for pain due to an auto accident, but spent so much time trying to get better, I didn't pursue a lawyer until about a month before the statute of limitations was over. The infection delayed help at Mayo regarding my back; the surgery delayed more help because I had t o be cautious so that I wouldn't pull stitches. The morning I was discharged, I was lying in fecal matter; metioned it to the doctor, who said "It doesn't bother me" and didn't ask a nurse to help.The surgeon said surgery was a failure and that was it.


I hesitate to sue because the doctor made a mistake and in Texas, chances of help, is most likely impossible, but I think the hospital was responsible because it appeared they didn't know I was there.


What is the statute of limitations? Chances of amupme talomg on a big hospital. The nurse/aide who brought towels, allowed me to clean the mess.


The day after surgery, I had to call my doctor to see if someone should get me out of bed because nobody had. Also had to call him because of the time I was left w/o machine being hooked up for pain. I know pain needs to be treated before it reaches its peak but I was at the mercy of an inadequate staff. Also, do you know what the statute of limitations is for Texas? That hospital stay ws a nightmare and what happened to me can happen to others.


I have written to the Commission of Texas for Health Services. Have you had experience with people writing to them being a waste of time?


Thank you,

Expert:  Dwayne B. replied 8 months ago.
Where do I go to see if I should get a lawyer?

If you go to www.lawyers.com you can search for a lawyer by typing "medical practice" in the area of law or area of practice box and then search for one close to you. Most med mal lawyer won;t charge you just to talk to you about a case.

What is the statute of limitations?

The statute of limitations on a medical malpractice case is two years.

Have you had experience with people writing to them being a waste of time?

No, I haven't had experience with them. I know that rarely does a claim through the licensing agency have results against a doctor.

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