Legal Question in Medical Malpractice in Texas

Injured, saw a neurosurgeon, won't operated

I have a neck injury. I was seen by a Neurosurgeon. He sent me to have alot of tests. The tests all showed I need surgery. Because I don't have health insurance or $11,000 in cash. He would not help me.Now two months later I still have not had my surgery and can find no one to help.

Do I have a case against this doctor for not taking care of me, Or him finding some surgeon that would help me instead of not seeing me at all?


Asked on 4/08/05, 9:43 pm

1 Answer from Attorneys

William Featherston Grissom, Richards & Featherston

Re: Injured, saw a neurosurgeon, won't operated

i am sorry for your situation. you are in a similar situation as millions of americans who do not have health insurance. i do not believe that a physician has a legal duty to perform surgery for a patient if that patient does not have insurance or cannot afford it.

i do not think the doctor is legally liable for not finding someone to take care of you.

you do not indicate whether you qualify for medicaid. if you do there may be options for you by locating a physician who accepts medicaid patients.

i do not know where you live but, in houston, for example, there are a few clinics that are supported by the catholic church that provide care to those without insurance. whether or not that would include major surgery is a question the answer to which i do not know.

i would suggest that you speak to your doctor's office and see if they have any suggestions for you along these lines.

i wish you good luck. bill featherston

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Answered on 4/09/05, 3:17 pm


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