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Kay L. Van Wey
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Kay Van Wey’s Answers

50 total


  • What do I need to do to fire my personal injury attorney as well as let him know I am filing a grievance with the Texas Bar?

    I have proof of mishandling of my case due to incompetence and laziness. I was bullied by an assistant to sign a disbursement form. I have not signed any thing official with the insurance company. I have my file. Their negligence endangered my lif...

    Kay’s Answer

    I am sorry that you have had a bad experience with a personal injury lawyer. Whenever a client has a bad experience, it sort of blacks the eye of the profession and I don't like that. Just so you know, most personal injury attorneys are hones, hard-working people who try hard to do right by their clients. Oftentimes, whenever there is an issue, it is a matter of poor communication. I don't know if your lawyer did anything wrong or not, but I strongly encourage you to schedule a face to face meeting with the attorney (not the assistant), and discuss your grievances. Oftentimes, a frank discussion can resolve something like this quicker and easier and to the satisfaction of the client rather than approaching it with both guns blazing.

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  • Can I sue/blame the car manufacturer if none of the airbags went off in a car accident?

    I've gotten to a complete stop at an intersection where my light was red. As my light turned green I've started going, the front of my car was half way into the road as I saw a car approaching from the left. I slammed my breaks but too late, the c...

    Kay’s Answer

    In order to truly provide an intelligent and well informed answer to your airbag question, an attorney would have to retain an airbag expert to examine your vehicle's airbags. When an attorney is retained very soon after an accident where there is a potential airbag issue, they will make sure the vehicle is not repaired or salvaged. Because of the expense in pursuing a vehicle product liability case, there generally must be very, very serious injuries involved.

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  • My cardiologist knowingly used a dye that I am allergic to. Do I have a case?

    I am a heart patient with 18 years of heart disease. I have crashed on the table a few times due to an Allergy to the contrast dye. The doctor knowingly gave it to me again and I almost went.

    Kay’s Answer

    I am going to be brutally honest with you. "ALMOST" killing the patient, generally is not sufficient to bring a medical malpractice case in Texas. This is really wrong in my opinion. The reason this is the case is because Texas enacted very harsh laws referred to as "tort reform." Since that time, preventable medical errors, (such as giving a patient a medication they are allergic to) are at an all time high. Would you believe that preventable medical errors are the 3rd leading cause of death in the U.S.? Having said all of this, I strongly encourage you to make a complaint against your doctor to the Texas Medical Board. Hopefully, this will bring attention to the problem so that a lesson will be learned and more care will be taken in the future!

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  • Do I have a medical malpractice case?

    In June, I called my doctor to advise I had petechia on my leg. She said to take Benadryl and if it got worse to come in the next day for bloodwork. I went the following morning and had blood drawn. The following day she tells me my platelet coun...

    Kay’s Answer

    I agree with my colleagues. You probably don't have a medical malpractice case, but I do believe you should report this doctor to the Texas medical board. All you have to do is go to the Texas medical board website and you can get a form, printed out, tell them your story and mail it into them.

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  • Can I still sue a hospital for an event that happened in March of 2007?

    My son was born prematurely and was taken to NICU in Northwest Texas Hospital in Amarillo. One night a nurse kept ignoring his monitor and his IV infiltrated and caused a horrible burn almost to the bone, also causing him to have a seizure due to ...

    Kay’s Answer

    I am sorry for the injury to your son. The short answer is this: Generally speaking, we have a two year statute of limitations for medical negligence claims in Texas. However, when it comes to minors, the law allows additional time. The exact date the statute of limitations runs for your child varies depending upon the facts of your case, but in all likelihood, there is still time for his claims to be brought. However, the claims of you as the parent, which would be for things like medical expenses, has probably expired. I do not know offhand if NW Tx Hospital in Amarillo is a county hospital or not, but if it is, this could make it more difficult to bring the claim. Regardless, in my opinion, you do at least have enough grounds for a case here that you should consult with a Texas Board Certified Personal Injury Lawyer.

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  • Slipped and fell at work (8 1/2 months pregnant). Do I have a personal injury claim?

    While at work, I went to the restroom. Going into the personal stall, I did not notice anything on the floor (with 2 weeks left until I deliver, I can barely see my feet). After I turned around to lock the door and proceed with using the restroom,...

    Kay’s Answer

    Regarding on the job accidents in Texas, you either have a worker's compensation claim or a non-subscriber claim. It depends upon whether your employer carries worker's compensation insurance. If your employer is a worker' comp subscriber, then you merely have to file a claim. If your employer is not a subscriber, then you can still file a claim, but you have to prove that they were negligent and that their negligence caused your injuries. You should consult with a board certified personal injury lawyer in the Dallas area for further information. Be aware that there are time limits for filing claims, so if you intend to pursue this matter, you should act promptly.

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  • Do I have a case against Texas Health Presbyterian based upon the summary above? Which lawyer would be able to help me

    My husband was hospitalized in Texas Health Presbyteria of Plano last November 2014. He went to Critical Care, the service received there was terrible, you can call a nurse and after 45 min waiting still nobody shows up. Once I called the Respir...

    Kay’s Answer

    I am sorry for the loss of your husband. No attorney can really answer your question without reviewing the medical records and possibly having one or more medical experts review the medical records. In order to have a viable medical malpractice case, you would need to have evidence that the nurses violated one or more applicable standards of care and that such violations were a proximate cause of your husband's death. This may sound like " legal mumbo jumbo", but what it really means is that the nurses would have had to have done something or failed to do something that was unreasonable under the circumstances and this led directly to your husband's death. Also, please be aware that there are strict statute of limitations you must be mindful of. GENERALLY, speaking you have two years from the date of the negligence in Texas, but I warn you that calculating the exact statute of limitations can be tricky, so if you are intent on pursuing this matter, you should act with great haste! I hope this has been helpful to you ma'am.

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  • My question is is in Texas with this kind of injury what do I get for a settlement do I get 3,4,or times the specials...

    Back in 2012 New Year's Eve I was working in a Drive-Thru at my bank and somebody came through the wall and hit me. I got thrown into another workstation. I found out from the ambulance attendant that the driver was okay but he had gone in for he...

    Kay’s Answer

    Hopefully you have made a wise choice and retained an experienced attorney who is giving you good advise. It would be a major mistake to not trust your lawyer (assuming you have a good one) and ask for an opinion from lawyers who do not know you or your case. I agree with the other attorneys about there not being a magic formula. If there was a magic formula, personal injury victims wouldn't need experienced personal injury lawyers to prosecute their cases and skillfully serve their clients best interest. I wish you the best of luck. It sounds like a terrible accident which has left your with very severe injuries.

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  • Hit by a SUV, while riding my bike in the pedestrian crossing in 2015. Do i still have a case?

    I was hit by a 2015 Cadillac Escalade, on Plano Rd and Beltline around 4/2015. I was knocked off my bike, into the air and landed on my shoulder. My clavicle bone was broken and I was in severe pain for several months with no help. The vehicle wh...

    Kay’s Answer

    Yes you have a claim. As an avid cyclist myself, I can say it is terrifying to see drivers on their cell phones paying no attention. It is understandable that you wouldn't want to deal with this sooner, but I strongly encourage you to contact a board certified personal injury lawyer in your area. There are plenty of good ones to choose from. I'll go ahead and include myself in that list.

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  • Is the hospital responsible in any way?

    My 83 year old husband with Dementia was in the emergency room because of a fall he had at home and was taken for a eco-cardiogram test. While in the testing area the attendants left him alone on a stretcher, he had to use the bathroom so he tri...

    Kay’s Answer

    Hospitals are required to have policies and procedures in place to prevent patient falls. It begins with the hospital staff properly identifying patients who are at risk for falls. It sounds like your husband was a high fall risk and should have been categorized as such. Then, precautions should have been put in place to prevent him from falling. Or, what we sometimes see is that the precautions are put in place, but the nursing staff doesn't follow the procedures. I encourage you to contact a medical malpractice attorney about this.

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