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If I don't meet the 4 basic principles of malpractice what else can I sue for?

Gainesville, TX |

My spine doctor of 8 years was raided in Apr. 2011, it came out in Dec. 2011 that he had been fraudently charging Medicare and Medicaid for complex 45 minute procedures. Facet Joint Injections, TFI'S. However, the good doc was just using standard syringes and shooting something (believed to be Kenalog) a powerful steriod into the muscles of his patients backs, necks,hips, knees,ankles,etc.,etc.. Kenalog is a very dangerous drug (triamcinolone) which has many serious side effects. Including masking the results of medical tests. If you dont know that you are injected with it once a month to tell your family doctor,he cant diagnose you accurately.He lost his Medicare provider # OA3111 on April 14, 2012. I have had Gi problems as long as I remember,many tests and hospital stays.NO problem foun

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Attorney answers 2

Posted

The biggest hurdle you have is DAMAGES. No matter what the cause of action is, you have to prove that you suffered damages. What are your damages. You clearly have an action for fraud if he lied to you about what he put in your body. You could sue him for fraud and even in Texas a jury might be so upset at what he did that they would hit him hard for damages.

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Asker

Posted

Thats just it, I dont know what the damages are and getting a doctor to say my problems are linked to Kenalog. My doctor is already unable to say what is wrong with me. Acts like I am crazy. So if I cant sue for malpractice, I was just wondering what else there is because I am certain a jury would be upset with him. The news says he is probably about to lose his medical license. Seems like I would have a easy case against him.I am sure there is going to be many lawsuits. http://texomashomepage.com/fulltext/?nxd_id=154757 Thanks very much.Any more answers or help appreciated. Can I sue him for fraud in small claims court? And what is the max in Texas for small claims?

Kevin Rindler Madison

Kevin Rindler Madison

Posted

I think you may have a viable fraud case and you could sue in small claims court and you might allege your damages are the mental anguish of not knowing what could happen to you.

Asker

Posted

Plus I thought I was being treated but wasnt. So I lost the benefit of treatment that I could have had elsewhere. If it turns out that it was Kenalog, I think I would have more viable complaints about the side effects of Kenalog and my particular health.It weakens your immune system,and you are not suppose to take it with a disease I have.

Posted

Do you have a doctor that will link your GI problems and hospitalizations to Kenalog? If so, you could have a cause of action. However, this doctor may have major legal problems already, and may have serious insurance coverage problems. With those considerations, and Texas tort "reform" for doctors, you may have trouble getting a lawyer to take on your case.

John Zgourides
www.zgourides.com

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

Well I know he has lost a lawsuit before for malpractice. Medicare says he owes them 7.2 million dollars. I have emailed about 6 attorneys online and none have ever answered. Go figure! http://texomashomepage.com/fulltext/?nxd_id=154757 Thanks

John Gus Zgourides

John Gus Zgourides

Posted

It sounds like you should thank your lucky stars...

Asker

Posted

Already done that and now I am moving on.

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