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Ask Maverick Your Own Question
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 6423
Experience:  20 years professional experience
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Greetings, I am covered under the ADA guidelines, and being

Customer Question

I am covered under the ADA guidelines, and being denied medical care by my primary or former primary physician. With 17 days notice, I was denied refills on long term bi-polar 1 medfs, taken approximately 17 years, and a low dose , 10mg methadone pill as I have had back surgery, and need hip surgery. Two physicians have said this is patient Abandonment. My next move is a stroke, which may have happened. Need representation for my case and possibly class action. Likely.
Thank you, Tracy(###) ###-####or [email protected] Com
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Maverick replied 1 year ago.

Tracy, we are not permitted to represent JA customers. However, you can do a couple of things here. You can file a complaint with the Texas medical board for patient abandonment. Click here to get started.

More to come...

Expert:  Maverick replied 1 year ago.

Patient abandonment is a form of negligence that can be inadvertent or intentional. Any direct harm that your doctor caused you can be grounds for a medical malpractice claim. Under Texas law, this is what you must prove as a plaintiff:

In a medical malpractice case, the plaintiff must prove that (1) the defendant owed him a duty to act according to an applicable standard of care, (2) the defendant breached the applicable standard of care, (3) he suffered an injury, and (4) within a reasonably medical probability, the defendant’s breach proximately caused his injury. Mariner Health Care of Nashville, Inc. v. Robins, 321 S.W.3d 193, 205 (Tex. App.—Houston [1st Dist.] 2010, no pet.).

While a class action does not seem appropriate here and may even unnecessarily complicate your case and diminish your recovery, you may want to use this link to find a medical malpractice lawyer in your area. Before you go for your first appointment, you may want to get the last five years of your medical history to take with you. If you have a good case, your lawyer should take it on a 33% contingency fee basis. If the case goes to trial, the lawyer make take about 45%.

These cases turn on expert testimony more often than not. Often a medical malpractice lawyer has to spend about $20,000 of his time before some type of settlement is reached. The lawyer may ask you to foot the bill to get an expert medical report which he/she will use to support his settlement demand and also the case if it goes to trial. These reports can cost about $5,000.00 which is a cost that you may have to come up with.

I hope this helps. If you have any additional questions, please write back.