Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am in Texas, where tort reform makes it impossible to stop situations

I am in Texas, where...
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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
8/27/2013
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,315
Experience: Began practicing law in 1992
Verified
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.
Ask Your Own Legal Question
Customer reply replied 4 years 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.

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?
Ask Your Own Legal Question
Customer reply replied 4 years ago
Knowing the law, what would it take to see that Medicare and Tricare be reversed?
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?
Ask Your Own Legal Question
Customer reply replied 4 years 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?

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.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,315
Experience: Began practicing law in 1992
Verified
Dwayne B. and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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,

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.
Ask Your Own Legal Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,315
34,315 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Is there a statute of limitations on embezzlement.
Is there a statute of limitations on embezzlement. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
What is the statute of limitations in the state of for a
What is the statute of limitations in the state of KY for a company suing you for the repossession of an auto. This debt has been sold through 5 debt collectors of which I have not been contacted thro… read more
Lori
Lori
Juris Doctor
312 satisfied customers
Is there a ststute. Is there a Statute of Limitation on
Is there a Statute of Limitation on Court Ordered Divorce Decrees in NJ, also NY? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the Statute of Limitations for the State of Alaska
What is the Statute of Limitations for the State of Alaska to recover erroneous retirement payments made to the widow of a deceased State employee? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
Is there a statute of limitations on property damage?
Is there a statute of limitations on property damage? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Is there a statute of limitation for damages caused by a
Is there a statute of limitation for damages caused by a tenant in a rental property in SC?… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
Miss, is there a statute of limitation on gun charges and
Hi Miss Wilson , is there a statute of limitation on gun charges and attemped murder in New York . charges from 1992. … read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
It is on Illinois contract law and statute of limitation. I
It is on Illinois contract law and statute of limitation. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,547 satisfied customers
What is the statute of limitations for illegally selling
What is the statute of limitations for illegally selling Vicodin one time, specifically under federal law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Statute of limitations - soliciting prostitution. Colorado
Statute of limitations - soliciting prostitution. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Colorado JA: Have you talked to a lawyer yet? Customer: No… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
What is the statute of limitations in California to file a
What is the statute of limitations in California to file a wrongful death suit ? The issue is my brother's death due to non-treatment of pneumonia while in a skilled nursing facility. The death certif… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the statute of limitations in California for filing
What is the statute of limitations in California for filing suit against a physician for breech of contract? Additionally, if the person is also suing the doctor for malpractice, would the person also… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do different torts have different statutes of limitations
Do different torts have different statutes of limitations such as Personal Injury verses Abuse of Process vs Trespass etc?… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
What is the statute of limitations on contesting a will in
What is the statute of limitations on contesting a will in the following particular circumstances? A man dies at 84 after having changed his will twice in the previous 20 years. One original will was … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Is the statute of limitations in PA for reporting insurance
is the statute of limitations in PA for reporting insurance fraud to the attorney general by a citizen against a homeowner , fire of property, 2 or 5 years. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x