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Scott Bennet Frenkel
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Scott Frenkel’s Answers

55 total


  • Is there a way to still file a suit against my doctor when the surgery took place on August 12, 2014?

    I had stomach sleeve surgery on August 12, 2014. The first night in the hospital, I told the nurse I had terrible left shoulder pain. I was released on August 13, 2014. On August 29, 2014, I called the doctor's office when I determined I had a ...

    Scott’s Answer

    If you previously filed a notice letter per the medmal statute (Chapter 74- here is a link: http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm)
    then you have an extra 75 days. If not, and you aren't a minor, then I think limitations has expired.

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  • My wife was thrown off horse on guided tour and is injured, can we file a suit for pain, suffering, and hospital bills?

    My wife went horseback riding with her two sons yesterday. She signed a waiver prior to going on the guided trail walk. Her son's horse bit the hind end of my wife's horse which cause her horse to buck her off. She fell to the ground and ruptur...

    Scott’s Answer

    Very unlikely you will be able to prevail. You have to fight the waiver, as well as Chapter 87 of the TCPRC - here is a link so you can educate yourself.
    http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.87.htm
    Do consult with a knowledgeable attorney in your area just to be sure, but I wanted you to know what you are up against. Pray your wife is healing.

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  • What should I do in regards to a procedure I had to endure while the provider was testing students during the same day and time?

    I was having a procedure done but the Provider had to administer an exam due to someone calling in. The procedure was started and we were interrupted 3 times. During the 2nd time I told them I could not tolerate the pain but they walked out whe...

    Scott’s Answer

    New medmal law has made your case impossible to pursue in my opinion. However, you should consider filing a complaint against the doctor. You can review how to do that here.
    http://www.tmb.state.tx.us/page/place-a-complaint

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  • Is hiring a lawyer to confirm the validity of my surgery debt recommended?

    I was involved in a motorcycle accident on December 2014. I had health insurance at the time and was covered. However, after the accident I had 5 to 7 different bills coming to me saying these were separate charges. Lately the hospital sent me a b...

    Scott’s Answer

    Was someone else responsible for the collision? That would be the best source for dealing with this. I would recommend hiring a lawyer for your collision if that is a viable option liability-wise. If not, yes, I would consult with a consumer debt attorney. There are several in your area that practice in each of these areas. Good luck, and hope you are feeling better.

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  • Do I still have a case against a hit an run driver?

    I was hit while crossing the street last year on July 28th by a hit and run driver. The car was found abandoned and the owner had a lapse in coverage. The owner of the car hired an attorney and refuses to speak. I have no uninsured motorist covera...

    Scott’s Answer

    You'd have to sue the adverse driver (you have two years, generally to do so). Speak with a personal injury lawyer. He or she will know what to do. You have several good ones in your area.

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  • Can my attorney read my medical records?

    My father is an attorney. I need to file for disability. My father is very much against pain medications. Can he go through my medical records if he is my attorney for disability?

    Scott’s Answer

    Absolutely, and he should in order to do his job as your counsel.

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  • What should I do if I am being sued for a car accident that did not directly involve me?

    It was my car, but my brother was the one driving. Does the plaintiff need to refile the suit against my brother?

    Scott’s Answer

    The Plaintiff will need to fix it, but DO NOT IGNORE THE LAWSUIT. You still must file an answer. Turn it over to your auto insurance agent and he'll handle for you (they have in-house lawyers - it is part of why you pay your premiums). If you do not have auto insurance, either file a general denial yourself, but the better practice would be to hire an attorney and let them file one. You could also call the Plaintiff’s attorney and inform him that they have sued the wrong party. Unless you have written confirmation that it has been fixed, a judgment can be taken against you if you do not timely answer. You have until 10am on the Monday following 20 days from when you received the suit papers to file your answer with the Court.

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  • Can I sue a hospital for resuscitating my grandfather when he has a dnr on file at the hospital?

    I'm at the hospital right now and my grandmother is in a frantic state because they have put a resuscitation tube down my grandpa's throat. Now she is burdened with the unnecessary and mentally tormenting task of deciding when to pull the tube on...

    Scott’s Answer

    Your grandma needs to talk to the doctor and make sure they know what the directives are, and make sure y'all understand what they are doing and why. DNR and a feeding tube are not the same thing. However, if they did violate the directive, a lawsuit could be filed subject to the Texas cap on damages and the procedural hurdles. Blessings to your family.

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