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Dan

Dan

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Dan
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This is a medical malpractice case in Harris County (Texas). On 6/25/25 the judge signed an order to dismiss a defendant without prejudice. I added the defendant on a related JAMS arbitration case on 7/29/25. No parties appealed the 6/25/25 order, which became final after 21 days, I believe. Instead, the non-suited defendant requested a 2nd hearing for dismissal with prejudice under TCPR 74.351. A different judge signed that order on 7/31/25. How can the judge sign dismissal with prejudice if the defendant wasn’t added back in the court case? Proper venue is arbitration (FAA invoked). I plan to file a writ of mandamus to stay proceedings. I also need to move to vacate the 7/31/25 order—what are the grounds? The defendant was already dismissed, right? The 7/31/25 order says my 6/25/25 nonsuit didn’t preclude the defendant’s argument. Please advise.

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I was hospitalized on July 30 with diverticulitis. I had a CAT scan using IVP dye. I have long-term thyroid issues, and several weeks later I started having symptoms of thyrotoxicosis. I went to the ER for heart palpitations, dizziness, and shortness of breath intermittently. The ER doctor checked my thyroid levels, showing I was very hyperthyroid, and proceeded to do another CAT scan with IVP dye. I continued to have these symptoms, even returning to the emergency room several days later. Both ER doctors would not address my thyroid medication, and my doctor was on vacation. From my research and what my primary care physician said, the IVP dye possibly should not have been given to me with thyroid issues. Is this something even worth pursuing?

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I’m 30, diagnosed with Ulcerative Colitis at 12. From 18–21 I volunteered as an EMT in Levittown, NY. Lived in NY, CT, and the last 18 years on Long Island. Are there active lawsuits involving UC that I might join? Also, some firms want me to sign up-front agreements (40% of recovery, “we already represent you”) before answering eligibility questions—is that standard?

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Are any of these complaints considered medical malpractice? The defendants’ attorney is trying to get the case dismissed pursuant to TCPR Code 74.351. The court clerk labeled the case as “other” instead of medical malpractice. Also, it is an open homicide investigation with HPD. Do I need to inform the defendants of that? Can I use it as a reason to stay the case? Please advise.

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