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Robert Warren Painter
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Robert Painter’s Answers

182 total


  • Ok I've been in an out of the Hospital my Dr in Dallas spotted a spot on the upper top of my kidney 4 inches the Hospital said n

    Ok the Dr in the Hospital never said ANYTHING about the spot on my upper top of my kidney the Dr in Dallas spotted a 4 inches spot.what can i do.

    Robert’s Answer

    If you determine that you have a serious injury because of the doctor's failure to treat or inform you about the kidney spot, then I encourage you to contact a Texas medical malpractice attorney to discuss your potential case. Medical malpractice cases are challenging under Texas law, so I encourage you to make sure that the attorney you choose if experienced in this area of the law. Also, please remember that the general statute of limitations in Texas for medical negligence is two years.

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  • Can I sue the Veterans hospital in Texas for wrongful death if by their own admission they failed to provide timely colonoscopy?

    My friends husband died from colon cancer while under the care of the Veterans Hospital. By their own admission they failed to do a colonoscopy after patient had a significant bowel bleed requiring blood transfusion. In the VA schedule of follow...

    Robert’s Answer

    The facts that you have provided suggest that you may have a viable claim against the VA. There is some additional information that is needed, though. I encourage you to consult with an experienced medical malpractice lawyer who knows how to handle cases against the U.S. government. You may find this article from my firm's website helpful. It deals with the similar topic of suing the military for medical malpractice in its hospitals. http://www.painterfirm.com/a/185/Air-Force-hospital-medical-malpractice-cases

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  • Do I have a law suit?

    I was a patient sleeping in my bed and another patient snuck into my room and sexually assaulted me. I wrote a complaint to the Department of State Health Services and also filed a police report. The Department of State Health Services did an inve...

    Robert’s Answer

    I encourage you to have an attorney investigate your case. Be warned, though, that your case will fall under the Texas tort reform requirements for medical malpractice cases. Therefore, you should find an attorney who is experienced in competent medical malpractice matters in Texas.

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  • How can I get information for a medical malpractice suit

    I'm looking for a medical malpractice attorney for the Houston Texas area. My sister was diagnosed with lung cancer in November and we lost her on Jan 23, 2016. I would like to speak to someone who can help me decide how to get justice for her sur...

    Robert’s Answer

    I recommend that you find a Texas attorney with significant medical malpractice experience. Texas law is unfriendly to malpractice victims, so that background is important.

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  • Do I have a case in the making ?

    Was diagnosed with RA about 3 years ago...put on Biologic infusions which cause cancer. Developed breast cancer, bi-lateral mastectomy ...and now I've learned I may not have RA at all. Will know for sure on February 1st. I'm not upset....I'm an...

    Robert’s Answer

    If you obtain information that shows that there was a misdiagnosis, then I encourage you to contact a competent, qualified Texas medical malpractice attorney to discuss your potential case. Remember, there is a two-year statute limitations, so you want to act quickly.

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  • Can I sue for malpractice

    I was pregnant with my son perfectly healthy, every app his sonogram and checkups for heartbeat were perfect. I went to the er at 36 weeks and had an emergency c section, my son was born with hydrops.

    Robert’s Answer

    I am so sorry to hear about this situation with your son. This should have most likely been diagnosed and treated before he was born. I recommend that you immediately contact an experienced Texas medical malpractice lawyer to investigate the case for you. Texas law is essentially a minefield for medical malpractice cases--the politicians have tried to make it very difficult to pursue cases of this type. That is why choosing and attorney with significant Texas medical malpractice experience is important.

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  • If statute of limitations have run out on medical malpractice is there a discovery rule in Texas?

    I had lap band procedure July 2012. September 2015 had removed due to abdominal pain ,nausea and vomiting. After removal was discovered that band was place around nerves, main arteries and fat between liver and stomach and not on stomach. Has cau...

    Robert’s Answer

    I urge you to contact a qualified medical malpractice lawyer immediately, because under Texas law there is an exception to the statute of limitations, called the discovery rule, which might extent your ability to pursue your potential claim. You may find this article helpful, which I wrote about bariatric surgery medical malpractice cases.

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  • Is it a good sign when a medical expert wants to review your case?...due to medical mals are hard to prove in certain situations

    due to tort laws most dont even want to look at it.

    Robert’s Answer

    If you have an attorney who is reviewing your case and willing to invest funds to retain an expert to review the medical records, that indicates that the attorney believes that your potential case may have merit. For credible medical experts, though, the fact that they are willing to be compensated to review medical records on behalf of an attorney does not, in and of itself, provide any indication of what that expert's opinion may be.

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  • How long does it take for a medical malpractice expert to go over all the records and what's the next step if found negligence

    Medical malpractice case for a child dying from neonatal respiratory distress complicated by hepatic necrosis due to meconium stained aspiration

    Robert’s Answer

    This process can take months from the beginning of the case--medical malpractice cases are record and expert intensive, which means that they take considerable time and effort to develop. Acquiring all medical records from the facilities and doctors usually takes two months. Then the records need to be organized by the law office before being sent to an expert. Once an expert agrees to review the records, it depends on that expert's schedule, but normally it takes at least one month to obtain a verbal opinion. If the verbal opinion is favorable, then it takes additional time to have that reduced to a written report, which is required by Texas law, shortly after the suit is filed. This complicated process demonstrates a client's wisdom in selecting an attorney with extensive experience in prosecuting medical malpractice lawsuits.

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  • I need an attorney for medical malpractice

    I need an attorney that can sue a doctor and hospital in Waco , Texas

    Robert’s Answer

    Contact a Texas attorney who handles medical malpractice claims regularly. This area of the law presents unique requirements and challenges, so that experience is important.

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