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Medical Mal Practise

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#1
What is the name of your state (only U.S. law)? Texas.

Long story short:
I have what was believed an infection. My local doctor cultured it. + as a MRCoNs staph. Treatment was Linezolid. He refereed me to a infectious diseases doctor in the same practice. Infectious disease neither confirmed or denied if the treatment was appropriate. He did not culture a second time there was no second treatment option. The wound was chronic . His opinion was for me to see a dermatology because the area was chronic. i complained to the doctor about lack of information i was getting when asked if the treatment given by the first doctor was appropriate . The clinical manager stepped in and said i was welcomed back for a second visit if i was concerned the infection was still culturing. I did not go back for the same reason i did not get direct and sufficient answers or treatment from first visit.

Not more than few days area got yellow and pussy again ( i have pictures of timeline of the wound that i was told was no longer infected) i got very concerned and sought opinion of another infectious disease doctor that runs his own practice whose more reputable. The area of same treatment culture back a real infection Strep B cultured by the 2nd doctor. What was explained to me by the 2nd doctor is that MRCoNs staph is not a "true" infection but is a opportunistic bacteria. He stated even if there was no infection, not giving me a treatment was not an option ,because the chances were high i would get a infection because of the slow wound healing. The 2nd doctor on revisit was very surprised how effective the treatment was. This process has cost me $400 out of pocket to seek a second opinion.

I got on the correct treatment based on the culture results. Keflex + Minocycline now the wound have healed 100% I'm very happy i got the correct treatment. Without any of my personal opinion and just stating the facts that the first (ID) (infectious disease) doctor did not act prudent . Attorneys do not want a lawsuit ; if the damages are not strong enough for a reward or if they think a doctor is judgment proof. What I am asking is in the State of Texas, can the practice as a whole in it medical nature be sued to persuade a lawyer to take my case to give more standing to the damages done to me, can the doctor Mal-practice insurance be sued individually while suing the practice ? How do i go about this to get a lawyer to see my case for preliminary evaluation.

An attorney referral who believe they can get a summary judgement.
An attorney referral who believe this is a case best fitting of their practice.
Please and thank you.
 
Last edited:


Just Blue

Senior Member
#2
What is the name of your state (only U.S. law)? Texas.

Long story short:
I have what was believed an infection. My local doctor cultured it. + as a MRCoNs staph. Treatment was Linezolid. He refereed me to a infectious diseases doctor in the same practice. Infectious disease neither confirmed or denied if the treatment was appropriate. He did not culture a second time there was no second treatment option. The wound was chronic . His opinion was for me to see a dermatology because the area was chronic. i complained to the doctor about lack of information i was getting when asked if the treatment given by the first doctor was appropriate . The clinical manager stepped in and said i was welcomed back for a second visit if i was concerned the infection was still culturing. I did not go back for the same reason i did not get direct and sufficient answers or treatment from first visit.

Not more than few days area got yellow and pussy again ( i have pictures of timeline of the wound that i was told was no longer infected) i got very concerned and sought opinion of another infectious disease doctor that runs his own practice whose more reputable. The area of same treatment culture back a real infection Strep B cultured by the 2nd doctor. What was explained to me by the 2nd doctor is that MRCoNs staph is not a "true" infection but is a opportunistic bacteria. He stated even if there was no infection, not giving me a treatment was not an option ,because the chances were high i would get a infection because of the slow wound healing. The 2nd doctor on revisit was very surprised how effective the treatment was. This process has cost me $400 out of pocket to seek a second opinion.

I got on the correct treatment based on the culture results. Keflex + Minocycline now the wound have healed 100% I'm very happy i got the correct treatment. Without any of my personal opinion and just stating the facts that the first (ID) (infectious disease) doctor did not act prudent . Attorneys do not want a lawsuit ; if the damages are not strong enough for a reward or if they think a doctor is judgment proof. What I am asking is in the State of Texas, can the practice as a whole in it medical nature be sued to persuade a lawyer to take my case to give more standing to the damages done to me, can the doctor Mal-practice insurance be sued individually while suing the practice ? How do i go about this to get a lawyer to see my case for preliminary evaluation.

An attorney referral who believe they can get a summary judgement.
An attorney referral who believe this is a case best fitting of their practice.
Please and thank you.
How much do you think this is worth?
 

cbg

I'm a Northern Girl
#3
This is not an attorney referral site and reputable attorneys do not troll message boards looking for clients. Even if you had a case worth pursuing, which IMO you do not, you cannot and will not find representation by posting here.
 

Zigner

Senior Member
#4
What is the name of your state (only U.S. law)? Texas.

Long story short:
I have what was believed an infection. My local doctor cultured it. + as a MRCoNs staph. Treatment was Linezolid. He refereed me to a infectious diseases doctor in the same practice. Infectious disease neither confirmed or denied if the treatment was appropriate. He did not culture a second time there was no second treatment option. The wound was chronic . His opinion was for me to see a dermatology because the area was chronic. i complained to the doctor about lack of information i was getting when asked if the treatment given by the first doctor was appropriate . The clinical manager stepped in and said i was welcomed back for a second visit if i was concerned the infection was still culturing. I did not go back for the same reason i did not get direct and sufficient answers or treatment from first visit.

Not more than few days area got yellow and pussy again ( i have pictures of timeline of the wound that i was told was no longer infected) i got very concerned and sought opinion of another infectious disease doctor that runs his own practice whose more reputable. The area of same treatment culture back a real infection Strep B cultured by the 2nd doctor. What was explained to me by the 2nd doctor is that MRCoNs staph is not a "true" infection but is a opportunistic bacteria. He stated even if there was no infection, not giving me a treatment was not an option ,because the chances were high i would get a infection because of the slow wound healing. The 2nd doctor on revisit was very surprised how effective the treatment was. This process has cost me $400 out of pocket to seek a second opinion.

I got on the correct treatment based on the culture results. Keflex + Minocycline now the wound have healed 100% I'm very happy i got the correct treatment. Without any of my personal opinion and just stating the facts that the first (ID) (infectious disease) doctor did not act prudent . Attorneys do not want a lawsuit ; if the damages are not strong enough for a reward or if they think a doctor is judgment proof. What I am asking is in the State of Texas, can the practice as a whole in it medical nature be sued to persuade a lawyer to take my case to give more standing to the damages done to me, can the doctor Mal-practice insurance be sued individually while suing the practice ? How do i go about this to get a lawyer to see my case for preliminary evaluation.

An attorney referral who believe they can get a summary judgement.
An attorney referral who believe this is a case best fitting of their practice.
Please and thank you.
It doesn't sound to me like anything inappropriate was done by the first doctor(s).
 
#5
How much do you think this is worth?
I have many issues with this forum posting as a false advertisement of offering a blunt service for legal guidelines nevertheless the lack of sufficient knowledge into medical Mal-practice and legal in general is horrific. This forum tries emulate such as west law. Frankly my cause of action is negligence which must prove elements of a prudent doctor would never admit under normal circumstances with contradictory facts with medical expert to state indeed , what a prudent doctor would sufficiently treat in extenuating circumstances knowing prior medical history. Someone who is HIV+ given a antibiotic but had a virus therefore the doctor "miss diagnosed" the doctor libel for damages done to the patient if proven under circumstances a prudent doctor would not of miss diagnosed excluding rare extremities such as Ebola.. At most i could get a settlement of no more than $5,000 for pro se... is determine if the doctor could not laches affirmative defense or herein prima facie case elements to negligence enough to deter motion to strike under rule 12 [FRCP] therefore summary judgment motion is granted if not party settlement for the doctor to just avoid court... saying that... $5,000 in small claims is not worth it because under Texas statue personal injury viva "medical" in practice requires elements of a expert witness... this is what i do not have access to or can afford. If i can sue the practice as a whole and attack the medical Mal-practise insurance.. i could get $17,000 settlement... that may not even be enough to get a lawyer to take on a case because minimal they want $30,000 being so ; despite my circumstances sucking ... i didn't lose a leg . The issue is less about a legal advise for medical Mal practice but trying to find someone who understands company liabilities and insurance law better than I... That even if the case is not sufficient for the individual doctor the company itself is libel for future damages. It a loophole in trying to find to avoid a medical witness. Suing a company is not necessarily a requirement for expert testimony ** it would be via option but a still required option just because you don't wanna go to trial with a doctor vs nothing... saying that my second doctor would testify against the first doctor during discovery.. which would help get a settlement in negotiations considering discovery is not docket record and can be non disclosure arbitration to avoid record. Really i need to find a lawyer that has access to expert witnesses and would take the case on as a side gig for extra cash $$ that's basically what this is , is simply a small claims that i cannot pro se because Texas capped and reformed the legal torts of negligence which totally sucks .... obviously i can easily win this case . I just don't have $8,000 to pay a MD to testify.
 

Zigner

Senior Member
#6
I have many issues with this forum posting as a false advertisement of offering a blunt service for legal guidelines ...
What does that even mean? :rolleyes:

I guess you need to read the information at the bottom of every page:

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quincy

Senior Member
#7
What is the name of your state (only U.S. law)? Texas.

Long story short:
I have what was believed an infection. My local doctor cultured it. + as a MRCoNs staph. Treatment was Linezolid. He refereed me to a infectious diseases doctor in the same practice. Infectious disease neither confirmed or denied if the treatment was appropriate. He did not culture a second time there was no second treatment option. The wound was chronic . His opinion was for me to see a dermatology because the area was chronic. i complained to the doctor about lack of information i was getting when asked if the treatment given by the first doctor was appropriate . The clinical manager stepped in and said i was welcomed back for a second visit if i was concerned the infection was still culturing. I did not go back for the same reason i did not get direct and sufficient answers or treatment from first visit.

Not more than few days area got yellow and pussy again ( i have pictures of timeline of the wound that i was told was no longer infected) i got very concerned and sought opinion of another infectious disease doctor that runs his own practice whose more reputable. The area of same treatment culture back a real infection Strep B cultured by the 2nd doctor. What was explained to me by the 2nd doctor is that MRCoNs staph is not a "true" infection but is a opportunistic bacteria. He stated even if there was no infection, not giving me a treatment was not an option ,because the chances were high i would get a infection because of the slow wound healing. The 2nd doctor on revisit was very surprised how effective the treatment was. This process has cost me $400 out of pocket to seek a second opinion.

I got on the correct treatment based on the culture results. Keflex + Minocycline now the wound have healed 100% I'm very happy i got the correct treatment. Without any of my personal opinion and just stating the facts that the first (ID) (infectious disease) doctor did not act prudent . Attorneys do not want a lawsuit ; if the damages are not strong enough for a reward or if they think a doctor is judgment proof. What I am asking is in the State of Texas, can the practice as a whole in it medical nature be sued to persuade a lawyer to take my case to give more standing to the damages done to me, can the doctor Mal-practice insurance be sued individually while suing the practice ? How do i go about this to get a lawyer to see my case for preliminary evaluation.

An attorney referral who believe they can get a summary judgement.
An attorney referral who believe this is a case best fitting of their practice.
Please and thank you.
Following is a link to information on medical malpractice claims in Texas, written by the FreeAdvice staff.

"Texas Medical Malpractice: Laws, Claims and Damages:" https://law.freeadvice.com/malpractice_law/medical_malpractice/texas-medical-malpractice.htm

You should be able to locate medical malpractice attorneys in Texas who will listen to your story and provide you with an opinion. You will need to call to make appointments to speak to these attorneys in person. You cannot expect a good review over the internet or through a phone call.

When you speak to these attorneys, I recommend you stick with facts only. Do not add your own opinions of the law as your understanding as expressed in your posts is not quite right. You do not want to waste the time you have with the attorneys. To help keep you on track before the meetings, write out a timeline and all pertinent facts. If more information is needed, the attorneys will ask for a fuller explanation.

Good luck.
 
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