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Marc Edward Stewart

Marc Stewart’s Answers

1,539 total


  • Heart failure patient. Doctor would not listen to anything I had to say about health problems. Malpractice?

    When the Dr. entered the room, the first thing out of his mouth was "If your here to get hydrocodone, this interview is over". After that every time I tried to tell him what has been going on with me in the last week concerning my heart failure, ...

    Marc’s Answer

    It is true that many ER physicians are burned out with tons of patients that come in looking for nothing but pain meds. They get jaded. It does not excuse terrible behavior and a lack of professionalism. Nevertheless, poor bedside manner is not actionable as a malpractice claim in court. this is particularly true in Texas which enacted sweeping tort reform laws to help limit a patient's ability to bring suits. You sustained no permanent medical injury. Thus, any claim you bring would cost far more to litigate than you might ever hope to recover. Not economical. I would complain to the Texas Medical Board for the poor behavior.

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  • Do i have a case?

    Last week my daughter had an appendectomy at a major hospital in dallas tx area. We waited in recovery for 14 hrs waiting for a room to become available. After being awake for more than 24 hrs, I went home to shower and then return to hospital. Sh...

    Marc’s Answer

    Your daughter suffered no permanent injury, no loss of wages, no massive medical bill attributable to the neglect. In Texas, tort reform laws would suppress most of the limited damages your daughter could assert in court. This was the point of tort reform: to allow hospital corporations get away with this kind of stuff. You might consider this issue the next time you consider voting for a TX state rep or state senator. These laws don't exist in such a harsh way in other states.

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  • I sustained a burst type fracture of my L5 vertebrae, while incarcerated in Texas (TDCJ), from lifting at my job assignment

    I was working as a janitor in the high security part of the prison and lifted a juice container off of a food cart to take up stairs when I felt something in my back. the next day I went to medical and was back and forth with them for about 4 to 6...

    Marc’s Answer

    This would not likely be an actionable medical malpractice claim, if that is your question. It is an artificially high bar for an inmate to prove a malpractice case against a prison or their medical providers. You must prove that they acted with "deliberate indifference to your serious medical needs," per Estelle v. Gamble. The word "deliberate" is too close to "intentional" for juries to award a plaintiff's verdict in my experience.

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  • Do I need a medical issue lawyer? Do I have a case?

    Hospital tested my 6 month old twice for cystic fibrosis (non-curable disease) and after making us sit in the heat in a car for a hour with no a/c to make him sweat 3 times (first time not enough sweat) and using there little machine that they had...

    Marc’s Answer

    Assuming it could be proved that the incorrect test result was indeed the result of negligence, your damages are likely to minimal to justify malpractice litigation in Texas. The reason is tort reform. The damages you describe are not medical, or lost wages, or something like that. Instead, your understandable damages relate to emotion turmoil. In the law, it is called "mental anguish." Tort reform calls this a "non-economic" injury and caps any damage award a jury might give. Most lawyers cannot take a case like this because a lawsuit would cost as much or more to pursue than a reasonable settlement value of the claim. If this is frustrating, think about it the next time you vote. This was a policy decision by Texas politicians and, amazingly, a little over 50% of Texans voted for it in 2003. It's not this way in other states.

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  • Hi im resolana im 24 years old i went to the docter on the 7/20/15 they send me for xrays and the found staples

    I been in a lot of pain for 6 years now

    Marc’s Answer

    First, I would point out that staples left behind after an invasive surgery are not always "retained foreign bodies." In other words, usually staples are intended to be left inside the patient. You should not automatically presume that the retention of the staples represents surgical negligence from your 6-year old procedure.

    Second, if this does indeed represent an actionable legal claim based on retention of a foreign body, you must act extremely quickly. Texas courts give a victim in this circumstance on a very short ability to find an attorney and get their lawsuit filed. You do not get a full year or a full 2 years. You only are granted a "reasonable period of time," which is highly subjective. I recommend that you speak to a local Houston attorney with experience handling medical negligence cases. Few are left. use avvo.com or google to find one fast and make a phone call. Be proactive.

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  • I am looking for legal advise on a medical malpractice incident. I have never filed a lawsuit. Help please?

    Arkansas Heart Hospital

    Marc’s Answer

    You will need to use the lawyer-finder tool on avvo.com (this website) to local a local attorney that specializes in medical malpractice cases. Attorneys answering questions in a forum like this are prohibited from soliciting your business directly. The forum here is for hearing your story and maybe offering cursory, simple advice to specific questions. There are a handful of good and experienced lawyers that handle these claims in Little Rock. All of them would surely be happy to visit with you if you phoned them. Good luck.

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  • Firing my lawyer in texas after he obtained an inadequate settlement offer

    I hired a lawyer in Dallas to handle a medical malpractice case. I have medical bills over 1/2 million dollars. He was able to obtain an offer of no more than 400k but has not pursued the hospital for it active negligence. I want to hire another l...

    Marc’s Answer

    Not only does the fee agreement give him the lien, but also appellate law in Texas.

    I'm a medical malpractice attorney and I've handled Texas cases for years and years. I can tell you from experience that a $400,000 settlement offer is a very large settlement in Texas these days. A measurement of your actual damages ($500K in medical bills) is irrelevant under the new regime in Texas and tort reform. I recommend you take a deep breath, sit down with your attorney, and have a talk. Getting a $400K offer in a med-mal case means that your attorney had actually done great work. It's not his or her fault that the case must be governed by Texas tort reform laws.

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  • Can i sue the hospital for not detecting my daughter's ruptured appendix on time?

    so my daughter had been sick since Friday July 17, 2015 . She had been complaining about severe abdominal pain. I took her to the E.R Sunday July 19, 2015 because she woke up screaming that her tummy hurt. They sent me home because apparently it w...

    Marc’s Answer

    A medical malpractice claim would be very tough to win. You'd have to show that the doctors at 3-4 different places all deviated from the standard of care. That's a challenge, particularly if the 1st ER visit resulted in a positive "Quick Strep test." Also, I can say from experience that the standard of care does not demand that radiology (like an abdominal CT) be performed on pediatric patients very often. The goal is to avoid radiation exposure from CTs if at all possible. In the end, it will really depend on exactly what physical complaints that your daughter complained of and where these classically fit the picture of appendicitis.

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  • Can some one help me? Do I have a claim

    I had a surgery and it went uncompleted. The fetus was still inside and leaving me a infection and caused me to have a surgery. When I told the clinic that I may need to see the doctor cause I have been real sick and there was a bad odor the refus...

    Marc’s Answer

    I think you are saying that underwent a D&C procedure following a miscarriage...and some "products of conception" were inadvertently left behind causing a serious post-procedure infection. If i got all of this correct then I would say that bring a medical malpractice claim would be pretty tough. I don't think it would succeed. You certainly had a terrible outcome but not all awful outcomes are actionable. We must prove that the doctor deviated from a standard of care. Medical experts have told me over the years that it is sometimes impossible to ensure that every piece of tissue is removed at the end of a D&C. It's an accepted risk of the procedure that something can be left behind that goes on to cause infection. To get the best advice, you might tell your fulls tory to a local medical negligence attorney in your state.

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  • I need a lawyer to sue my primary doctor

    my primary doctor wouldnt send me to a kidney dr, which was recomanded by my heart dr so i ended up in the hospital with kidney failure

    Marc’s Answer

    The statute of limitations in CA for most malpractice-type claims is just 1 year. Do not delay in using avvo or google to find an attorney with experience in your area. Without more info, it's impossible to say whether you have a valid claim. The best bet is to speak with a local attorney and get a review.

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