Legal Question in Medical Malpractice in Texas

My 100% wheelchair-dependent disabled hubby has been "held" at a McKinney TX hospital since March 23 for a seemingly easy medical procedure (1-2wks max). Directly after the surgery, they injured his neck & back in transferring him to a bed (on-going to today, pain level compromable to the original ailment). We're told he received a blood clot from the picc-line for IV's, yet they have not confirmed - what is going on? He is in constant pain, they will NOT communicate with us and we both feel helpless! The doctor who is "managing" our case seems in a hurry when he does spend 1-2 minutes a few times a week, our surgeon hasn't dropped by this week. Our insurance is fine (perhaps too good?), we want him done at this current hospital, forwarded to the acute hospital, so he can COME HOME!

Asked on 4/08/10, 2:40 pm

1 Answer from Attorneys

Jason Kipness Kipness Law Firm

Only a doctor can make the call to discharge. However, there may be a medical malpractice case.

After discharge from McKinney hospital, get complete copy of medical records. They will need to be reviewed by a M.D. to see if there is malpractice.

You can make it a claim against the driver 's insurance.


Your husband should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your husband's injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate you by delaying payment, giving you a low offer, or denying the claim hoping you will get mad and go away.

I should know because I worked as a lawyer for malpractice insurance companies for 10 years.

Your husband may make a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talk with you about the accident. I can be reached at (214) 800-3454.

You can also send a confidential e-mail to my website at

Visit for free information on medical malpractice cases.


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Answered on 4/14/10, 9:25 am

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