Comments on: Nuggets of Tort “Reform” http://www.thenewyorkmedicalmalpracticelawblog.com/2010/01/nuggets-of-tort-reform/ An overview of New York medical malpractice, products liability and personal injury law, and the news that affects it Fri, 09 Jul 2010 20:53:21 +0000 http://wordpress.org/?v=abc hourly 1 By: Frances Hogan http://www.thenewyorkmedicalmalpracticelawblog.com/2010/01/nuggets-of-tort-reform/comment-page-1/#comment-933 Frances Hogan Thu, 15 Apr 2010 02:33:50 +0000 http://www.thenewyorkmedicalmalpracticelawblog.com/?p=730#comment-933 Does anyone know of a way to combat a negative decision by the Texas Medical board? I’ve been searching the internet for 2 hours and have found nothing! People on this board seem very informed, so I’m hoping someone will have an idea. My brother almost died because he was discharged from the hospital with an undiagnosed concussion and pneumonia 2 days after a car hit his motorcycle. His family tried to get the hospital to not discharge him as it was evident to them that he was delirious. The hospital discharged him anyway. His family immediately drove him to Dallas, 2 hours away. He was diagnosed with pneumonia and a concussion and stayed in the second hospital 2 weeks. He sent this evidence to the Texas Medical board. He also sent both medical chart evidence and witness testimony that the doctor lied about seeing him on the day he was discharged. The Texas Medical Board took 9 months to decide they would not let him sue the doctor for malpractice. In the Texas Medical Board letter, it states, “Dr. R--- provided treatment that met the standard of care and his billing was appropriate.” The 9 months of time ate up his statute of limitations and now he only has 6 weeks to appeal their negative decision. (My brother was wearing his helmet. The accident was ruled by the police to be entirely the automobile driver's fault--These are beside the point of dealing with the Texas Medical Board, but people always seem to want to know these things) Any help would be much appreciated. Does anyone know of a way to combat a negative decision by the Texas Medical board? I’ve been searching the internet for 2 hours and have found nothing! People on this board seem very informed, so I’m hoping someone will have an idea. My brother almost died because he was discharged from the hospital with an undiagnosed concussion and pneumonia 2 days after a car hit his motorcycle.

His family tried to get the hospital to not discharge him as it was evident to them that he was delirious. The hospital discharged him anyway. His family immediately drove him to Dallas, 2 hours away. He was diagnosed with pneumonia and a concussion and stayed in the second hospital 2 weeks. He sent this evidence to the Texas Medical board. He also sent both medical chart evidence and witness testimony that the doctor lied about seeing him on the day he was discharged.

The Texas Medical Board took 9 months to decide they would not let him sue the doctor for malpractice. In the Texas Medical Board letter, it states, “Dr. R— provided treatment that met the standard of care and his billing was appropriate.”

The 9 months of time ate up his statute of limitations and now he only has 6 weeks to appeal their negative decision.

(My brother was wearing his helmet. The accident was ruled by the police to be entirely the automobile driver’s fault–These are beside the point of dealing with the Texas Medical Board, but people always seem to want to know these things)

Any help would be much appreciated.

]]>