The question parallels the facts in Keo v. Vu, 76 S.W.3d 725 (Tex.App.-- Houston [1st Dist.] Dr. Harris took too much breast tissue in the procedure (attempting to get to a B cup size from a DDDD) such that the skin flap was too thin and therefore more susceptible to necrosis and later infection. The fact that others might be more qualified on infection issues does not negate Dr. Stern's own fund of knowledge on that topic. But again, any error in excluding this opinion was harmless because Dr. Stern did not testify that the anemia caused the ensuing infection: Q. It may mean that the healthcare provider has a clean record, or it may be that an infraction has been removed. 2. Mobile Navigation Menu. Gold is not the only physician promoting misinformation while avoiding professional censure. The specific criticisms include: (1) the informed consent for that procedure, (2) the amount of breast tissue taken during the procedure, and (3) the need for Dr. Harris to have obtained the assistance of a more qualified surgeon who knew that particular procedure. [JOHNSON'S COUNSEL]: Well, my understanding I -- I would say on the first -- as a threshold issue, I'm not the doctor himself, and I can only sort of guess as to how he would respond to that question. Dr. Peter Raphael is a board certified plastic surgeon at the American Institute for Plastic Surgery in Plano, Texas. 104(a) allows for a preliminary hearing on expert qualifications. WAS DISMISSAL A PROPER PROCEDURAL OPTION? A medical malpractice suit may be legally filed against a medical professional who has caused an injury or death due to insufficient levels of care. Its a standout feature. I couldnt believe it! Featured surgeon on Discovery Channel's "Super Surgery." He practices in Plano, Texasand has the professional credentials of MD. The conference was aimed at young people ages 15 to 25. Dr. Stern's report also seemingly criticizes Dr. Harris for not taking a fluid culture on the April 5th visit, but his deposition testimony clarifies this criticism is really focused on the April 8th visit, which was handled by Dr. Rafael. Based on comments in the operative report, Dr. Stern believes that Dr. Harris was not adequately familiar with the free nipple graft breast reduction technique and should have either sought the assistance of a surgeon more familiar with the procedure or elected not to carry out the procedure in the first place. If there is evidence of malpractice, you may be contacted by the insurance company about a settlement. Broders, 924 S.W.2d at 151; Chester v. El-Ashram, 228 S.W.3d 909, 912 (Tex.App.--Dallas 2007, no pet.). A party presenting a complaint to an appellate court must show that the complaint was made to the trial court by a timely request, objection, or motion. TEX.R.APP.P. Thank you so much. Thank you for taking the time to listen to me and give me EXACTLY what I wanted. Q. 2012). Clin Orthop Relat Res. 702. I mean, even the little laser eye surgery. We view Dr. Stern's opinions as to the post-procedure care in a somewhat different light. 2006)(defendant similarly filing contemporaneous motion for summary judgment and motion to strike). After completing his general surgery training at the Methodist Dallas Medical Center, Dr. Raphael decided to enhance his skills in microsurgery research by attending the Division of Cardiovascular Surgery at the University of Texas Southwestern Medical Center. Stay up-to-date with how the law affects your life. Dr. Peter Raphael, MD is a cosmetic, plastic & reconstructive surgery specialist in Plano, TX and has been practicing for 35 years. You are a very caring and special man, an extraordinarily skilled surgeon and an example of a true wonderful compassionate human being. I just wanted to thank you and the entire staff for taking such good care of me and making me feel like a family member. But that didn't cause her infection? Then your expert skills in helping me resolve my physical problems have been phenomenal. Shereen Lehman, MS, is a healthcare journalist and fact checker. Neither Dr. Harris nor Dr. Rafael challenged the qualifying medical report at the outset of the litigation. A talented and caring plastic surgeon serving Dallas and surrounding communities, Dr. Antonetti utilizes options such as breast augmentation, tummy tuck, and liposuction to refine specific figure concerns. Simone Gold's board certification in emergency medicine (listed under her maiden name of Tizes) expired in December of last year, but she still has a license to practice medicine. Their Feminine Immersion Program was specifically created to assist women in their transition by helping develop their feminine beauty, charm and confidence in a supportive and caring environment. His extensive surgical training has afforded him the ability to diagnose and treat a broad range of both cosmetic and reconstructive procedures. Johnson argues that if the call in Larson was close based on an eleven year time gap, then the four year gap here must be on the other side of the line. It can take a week because we're so swamped. Before selecting a doctor, you may want to make sure that they haven't been disciplined in the past by their medical board for unsafe behavior. at 74.401(a)(1)(2)(3). 166a(i). A. Verywell Health's content is for informational and educational purposes only. from the University of Texas Southwestern Medical Center at Dallas. "They actually don't have the resources neither the money nor the manpower to monitor what happens on the internet or social media. Visit RateMDs for Dr. Raphael reviews, contact info, practice history, affiliated hospitals & more. Other people in the anti-vaccine movement promote their posts "because they have the 'Dr.' Dr. Stern primarily faulted Dr. Raphael for not obtaining a proper fluid culture on the April 8th visit, and failing to hospitalize Johnson at that time. v. Smith, 310 S.W.3d 48, 56 (Tex.App.--El Paso 2010, no pet. Don't hesitate to ask a healthcare provider about a malpractice suit or other action you may find. We refer to Dr. Rafael and his entity, Peter Rafael I, M.D., P.A. 3. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. James Gibbs received the MD degree from the Medical College, Medical University of South Carolina in 1964. The NPI number of this provider is 1740441799 and was assigned on June 2008. Following his education, and exceptional training, Dr. Peter Raphael entered into a private practice in Plano, Texas, specializing in Plastic and Reconstructive Surgery. His office accepts new patients. 74.351(a). 5, 336 S.W.2d 609, 610 (Tex. 2009;467(2):339347. It was Johnson's burden to satisfy the trial court that the four year time gap argued by Dr. Harris was irrelevant and she simply did not meet that burden. He says he sees patients every day being influenced by the kind of misinformation that Gold and others are promoting. Thank you so much for everything you have done for me. Please try again. Neither tact was taken here. Dr. Peter Raphael, MD is a Family Medicine Specialist in Cleveland, OH and has over 17 years of experience in the medical field. Moreover, can that same expert opine on the free nipple graft breast reduction surgical technique when he has never written about, published or taught such techniques? The medical provider then has twenty-one days from service of the report to file an objection, or it is waived. Thank you for restoring my hope and sense of worth. The trial court thus had no way of knowing if Dr. Stern verified through medical literature that his last experience with the free nipple graft procedure was still relevant as of the time of Johnson's procedure. Dr. Harris's motion framed the issue this way:This case poses the following situation: Can Plaintiff rely on an expert witness who has not performed the surgery in question either at the time his testimony was given or at the time the claim arose? All rights reserved. Thank you Dr. R., I could not have done this without your help. Call 216.363.2128 Department Center for Emergency Medicine-West Primary Location Lutheran Hospital Type of Doctor Both Adults and Children & Adolescents Languages English Surgeon No Locations & Specialties Insurances Accepted Biography Primary Location Lutheran Hospital 1730 W. 25th Street Cleveland, OH 44113 Appointment: 216.363.2128 Desk: In her second and third issues, she challenges the trial court's decision to strike her expert under the expert qualification standard in the MLIA and TEX.R.EVID. About DR. PETER RAPHAEL MD. Following his education, and exceptional training, Dr. Peter Raphael entered into a private practice in Plano, Texas, specializing in Plastic and Reconstructive Surgery. It may take some time to search for information on a healthcare provider, so don't be discouraged if you don't get answers immediately. All right. Hart v. Van Zandt, 399 S.W.2d 791, 797-98 (Tex. The focus is on whether the expert has the knowledge, skill, experience, training, or education regarding the specific issue before the court which qualifies the expert to give an opinion on that very subject. from the University of Texas Southwestern Medical Center at Dallas. You listen to my surface fears and concerns at our first meeting with such patience and a validating warmth, but for the first time in a long while, I began to feel a sense of trust. Fax +1 972-543-2499. Of those, he does two to three breast reductions a year. The International Center for Transgender Care was created to fill a critical need in the transgender population one center that provides advanced end-to-end therapy, surgery options and research for the transgender individual. It was not for shock nor sympathy, rather in the hope that you could understand the impact of what you have done. The trial court asked a legitimate question under the text of the MLIA.7 Having not gotten a satisfactory answer, we cannot say the trial court abused its discretion in striking the procedure-specific opinions based on the staleness of the expert's knowledge. Education. Other doctors working in those places are understandably frustrated. 1987)(failure to complain about how damages were apportioned in judgment waived complaint); West Tex. Dr. Stern testified that he would have changed from Keflex to another type of broad spectrum antibiotic if there was an infection persisting for six days after surgery. The banter between you and your nurse made me laugh out loud and completely relaxed my mind before my procedure. I look forward to seeing you in the future, meanwhile, recommending you to many. The trial court granted both doctors' objections to Dr. Stern's testimony, and dismissed the case as to both defendant doctors. high school football onside kick rules; milligan university student population; what was the t rex eating in jurassic park 3 The NPI number of Peter Raphael is 1245340553 and was assigned on August 2006. Those investigations, he adds, are typically only triggered by a complaint, but the complaint can come from anyone. If the trial court erred in striking this opinion, we also consider whether the error was harmful in the sense that Dr. Stern actually made out a case for post-procedure negligence against Dr. Harris. The underlying suit alleges that Tanyee Johnson went to Dr. Harris for a bilateral breast reduction. 1998). Trisha Torrey is a patient empowerment and advocacy consultant. Claim your profile (216) 444-2273 . We review a trial court's decision to strike an expert for an abuse of discretion. It is not unusual for a suit to be filed for a death or injury beyond a healthcare provider's control. He is affiliated with Cleveland Clinic. When reinstating suspended drivers licenses in Utah, motorists must pay the applicable reinstatement fees to the state Driver License Division. A trial court does not abuse its discretion simply because we would have ruled differently, or because we conclude the trial court committed a mere error in judgment. 8. A malpractice attorney can advise you if a malpractice claim is actionable and assist you with filing a report with the state medical board. While both maxims are no doubt true, by themselves they provide a less than satisfactory basis to decide this case. An introduction to medical malpractice in the united states. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. Although I sensed your skill as a surgeon, it was your gentle manner and compassion that led me to believe. AMERICAN INSTITUTE FOR PLASTIC SURGERY - 20 Photos & 31 Reviews - 6020 W Plano Pkwy, Plano, TX - Yelp Restaurants Home Services Auto Services More American Institute for Plastic Surgery 32 reviews Unclaimed Plastic Surgeons Edit Closed 9:00 AM - 5:00 PM See hours Write a review Add photo Photos & videos See all 20 photos Add photo Presently, Dr. Stern performs two to three plastic surgeries a week. Well, I -- as some of those articles that I provided, there apparently is a relationship between preoperative anemia and subsequent development of infection. You really are a wizard. If objection to the dismissal had been urged below, Dr. Harris could have still conceivably filed a no evidence motion for summary judgment prior to the trial date. Dr. Harris delayed in properly diagnosing and treating Johnson's postoperative breast infections and tissue necrosis. How to Check Out a Doctor for Medical Malpractice. There is no indication in the record that the anemic condition of a patient having the free nipple graft procedure is any different from any patient having any other surgical procedure. True wonderful compassionate human being complaint ) ; West Tex, but the complaint can come from anyone ability! He says he sees patients every day being influenced by the insurance company about a settlement you done! Surgeon, it was not for shock nor sympathy, rather in the united states both '. Drivers licenses in Utah, motorists must pay the applicable reinstatement fees to post-procedure. For restoring my hope and sense of worth court 's decision to strike ) sensed skill... 'S opinions as to the state Medical board been removed a report the. Could not have done for me to be dr peter raphael license suspended for a death or injury a! If there is evidence of malpractice, you may find you with filing a report the! 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