Legal Question in Medical Malpractice in Texas

Failure to treat

I am receiving medical care through the Smith County Indegent Care, therefore I have to go to the Smith County Public Health Clinic.

I have only seen the M.D. one time [on my initial visit] every time since, I've had to see a Nurse Practioner, who does not listen to medical history, medical concerns, or current issues, she orders no testing, or gives no referrals to other Dr's. She literally shrugs her sholders at me as if saying ''what do you want me to do''.


Can a N.P. at a Public Health Facility be sued for neglegence and failure to treat.

I have at least three life ending diagnosis

Asked on 10/04/06, 1:21 pm

1 Answer from Attorneys

Michelle Wan Thomas & Wan

Re: Failure to treat

Yes, a nurse practitioner at a public health facility can be sued for negligence. However, there are money limitations because it is a governmental entity (run by the county). Governmental entities have "governmental immunity" under the Texas Tort Claims Act. However, it really depends on the facts of your case to know whether it falls into this catergory or whether there is negligence.

We handle medical malpractice cases against doctors, nurses and public and private health facilities in Texas. If you want to give us more details about your individual case, please contact us.

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Answered on 10/04/06, 2:09 pm

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