Need An Attorney Experienced in Nursing Home Abuse?

As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.

These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. And as much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.

If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact a nursing home abuse attorney. Call for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. As married couples spent more time away from home working, nursing homes and day care centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus their cost of medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.

Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.

For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. But statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact a nursing home abuse attorney at our Law Office for a free consultation.

When nursing homes became popular some forty years ago they were not state-regulated and prospective employees were not screened. But as more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also resumes help hiring managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.

As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing home caregivers.

The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:

Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. And that has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.

If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call our Law Office as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our associates along with our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.

Nursing Home Abuse at Its Worse
The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do it’s part of let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. If a nursing home staffer is found to be negligent or abusive, the offending nursing home employee or employees could face criminal and civil charges.

The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence is a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.

Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits that were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. Our associates are good at what they do best which is to use the law and their investigative skills to uncover the truth.

Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. The nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact our Law Office for a free initial legal consultation.

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If you have been injured due to the negligence of a doctor, surgeon, or other medical professional, you probably have a number of questions, but the most pressing is likely this: what is medical malpractice? Experienced Texas medical malpractice attorneys from our Law Office are here to answer that question, and help you understand how you can seek compensation for your injuries.

Medical malpractice includes any negligent action (or inaction) committed by any medical professional that does not meet a standard level of care set by other professionals in the relevant field. Medical malpractice claims can be brought against any medical professional, including doctors, surgeons, psychiatrists, psychologists, therapists, chiropractors, nurses, pharmacists, and dentists. Common causes of medical malpractice claims include:

Misdiagnoses or failure to diagnose
Pharmaceutical errors
Incorrect dosage of medications
Surgical mistakes
Pre-operative or post-operative mistakes
Nursing errors

If you have been injured due to any of these mistakes, you may be eligible to seek compensation through a medical malpractice claim. But if you are attempting to file this claim without the help of an experienced legal professional, you should reconsider. Put bluntly, non-attorneys cannot win medical malpractice cases.

Due to the complexity of medical issues, these cases are very difficult for those without extensive experience to litigate. They often hinge on expert witness testimony, and if you do not know how to secure this testimony, your claim will seem far less legitimate. Furthermore, in recent years, legislators instituted a wave of tort reform designed to make medical professionals extremely resistant to lawsuits. Due to this tort reform, very specific conditions must be met if your case is to be successful. You probably do not even know what these conditions are, never mind how to meet them. The fact is that even a strong case must be presented in a very specific way if you are to receive any compensation at all, and a non-attorney simply does not have the experience necessary to construct a case properly.

Thankfully, our Texas medical malpractice lawyers have twenty years of experience helping victims of medical malpractice, and are intimately familiar with medical malpractice law, from both before and after the tort reform. We know how a case must be presented in order for a victim to receive a fair settlement. We also know how to thoroughly investigate a case and secure expert witnesses so that your claim is as strong as possible. our track record includes hundreds of successful medical malpractice cases, and healthcare providers and their insurance companies know how successful we have been. In order to avoid facing our attorneys in court, they often offer our clients sizable settlements beforehand.

In other words, we can often help you get the compensation you need without even stepping foot inside a courtroom. This lets you get on with your life as quickly as possible. So do not let the negligence of medical professionals go unpunished. If you have been hurt due to a medical professional’s mistake, contact aggressive medical malpractice attorneys from our Law Office today, and let us help you secure the compensation you need.

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The Process of Filing a Lawsuit for Medical Malpractice in Texas Explained

Any kind of medical professional or provider can be sued for medical malpractice in the event that his or her actions or inaction cause injury to a patient due to negligence or carelessness. The purpose of filing a medical malpractice claim is to seek compensation for a patient’s injuries.

Parties that can be considered liable for medical practice include, but are not limited to, the following medical professionals:

Doctors
Surgeons
Dentists
Psychologists
Psychiatrists
Nurses
Chiropractors
Therapists

The Process Starts Like This:
A patient feels he or she has suffered some sort of injury or further illness due to the negligence of a medical professional.
The patient sees another doctor who specializes in the relevant type of medicine for a second opinion. During the second opinion appointment, the patient can consult with the new doctor to determine whether the first doctor’s actions or inactions are consistent with the standard of care set by other doctors in his or her field.
If the second opinion confirms that the defendant acted negligently, the plaintiff then contacts the defendant’s insurance company to file the malpractice claim.
At this point the attorneys on both sides of the case proceed to discovery. During discovery, the lawyers for both the plaintiff and the defendant will meet and discuss their options. Generally, this part of the process includes taking depositions, gathering documents that illuminate the case, and conducting interviews with expert witnesses who can explain the complexity of the subject matter. Gathering the right expert witnesses can be a key factor in a claim’s success.
If a settlement that is agreeable to all cannot be reached in the discovery phase the case will go to trial. Going to trial can be risky because current laws in the state of Texas heavily favor the doctor over the injured party, and the burden is on the plaintiff to meet specific evidentiary criteria for the case to be given any consideration, much less fair consideration. Thus, especially if you intend to go to trial, it is of the utmost importance to have an experienced medical malpractice litigation attorney championing your case.

The Common Pitfalls
Under current tort reform, the cap on general damages in a medical malpractice claim is $250,000.
General damages include compensation for things like emotional turmoil, mental anguish, physical pain and suffering, and disfigurement.
There is no cap on special damages.
Special damages include costs like medical bills and lost wages. In most cases this merely allows you to break even because a large portion of the special damages awarded goes straight back to the doctor for the medical treatment.

There is Still Hope
The attorneys at our Law Office are poised and ready to build you a strong case and go on the attack to ensure you recover the largest amount of compensation possible.

We have extensive experience investigating a patient’s injuries and calculating the true amount of damages our clients should receive. Using this knowledge we put together the most comprehensive case possible, gathering testimony of expert witnesses, and ensuring that the liable parties are held responsible for their negligence.

Winning numerous cases in this category over the last 20 years, we have built a solid reputation in the healthcare and insurance community that allows us to negotiate generous settlements without having to make you spend a moment in court.

If you or a loved one has been injured by the negligence of a medical professional, don’t just look the other way. The resulting physical and mental trauma, as well as the related additional medical expenses, can quickly get beyond your control. Negotiating a successful settlement in a medical malpractice suit can bring emotional closure and economic relief.

Call our Law Office today, and we can help you begin the legal part of the healing process.

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We all would like to believe that we can safely place our trust in the hands of our doctor. Unfortunately, this is not always the case; over 50,000 people die each year because of medical errors, many of them from surgical fatalities.

The medical malpractice attorneys at our Law Office have been litigating these types of cases for over two decades. We have written this brief article to help you learn more about the basics of surgical error lawsuits and to explain in more detail your legal rights.

Surgery, to be very frank, is dangerous. In the best possible scenario, when surgeons are working flawlessly and doing whatever they can to preserve life, there are going to be fatalities during surgery. Only a true medical malpractice attorney is able to wade through the huge amounts of red tape, understand fully the technically intricate medical details and then present convincingly this information to a judge and jury in order to win your case.

Our attorneys have had the years of experience necessary to be able to recognize immediately if a surgical injury or death is because of a natural evolution of the illness being treated or if it is due to surgical negligence. With today’s precision in complex surgical procedures, we know that even the slightest error can result in serious or even fatal consequences. Some common types of errors that can cause surgical mistakes include:

Surgical tools that have not been adequately disinfected.
Actually operating on the wrong body part or even on the wrong patient.
Improper administration of the anesthetic.
Tissue or organ damage in the course of the operation.
Failure on the part of the medical or surgical team to obtain or review a complete medical history about the patient.
Absence of appropriate post-surgical follow up or care.
Since any surgical procedure is a complicated procedure, it follows that filing a medical malpractice claim will also be complicated; this is not recommended for the novice attorney let alone a non-lawyer attempting self-representation. In all of our years of practicing law, we have never heard of a non-lawyer being successful attempting to represent him or herself.

This already difficult situation has been made even more difficult by the tort reforms that were recently passed in Texas. Ostensibly done to protect doctors from frivolous lawsuits, these tort reforms have made it even harder for those legitimately injured by medical personnel to successfully win a case against those responsible.

We know how to build the type of strong case that will stand up to the new standards of proof required today. We have years of hard-won experience, both before and after tort reform, and we understand what it takes to win a case in today’s legal environment. We can protect you from the legal pitfalls that so often arise during a medical malpractice case.

Over the past 20 years, the medical and surgical malpractice attorneys at our Law Office have successfully litigated hundreds of these complex cases. These huge insurance conglomerates are only too well aware of our outstanding track record and today will often seek to settle out of court rather than face our attorneys in front of a jury. This can be beneficial to you, allowing you to spend less time involved in the whole legal process and to receive your settlement more rapidly. This in turn will allow you to return faster to your regular way of life.

If you have been injured or if you have lost a loved one because of a surgical error then contact the attorneys at our Law Office today. We are available 24 hours a day. We want to help you receive the compensation that you deserve as well as to punish those responsible.

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Texas Medical Malpractice Lawyers Discuss Informed Consent & Medical Malpractice

Many victims who have been injured due to the negligence of a medical professional worry that they will not be able to seek compensation since they signed an informed consent document. Thankfully, this is not necessarily the case (though medical professionals or insurance companies may lead you to believe that it is in an attempt to avoid paying you).

It may appear that the purpose of the informed consent document is to inform patients about procedures, but their true purpose is to protect healthcare providers from accepting legal responsibility for their mistakes. But in many situations, you can still seek compensation, even if you signed an informed consent document. Texas medical malpractice lawyers from our Law Office are here to tell you how informed consent documents work, and how you can seek compensation if you have signed one.

The Specifics of the Informed Consent Document
Medical professionals will typically make you sign an informed consent document before any medical procedure, whether it is a course of treatment, medication, or surgery. A typical informed consent document includes the following features:

A basic description of the medical condition that the proposed procedure is supposed to treat.
A description of the general purpose of the proposed procedure.
A description of the procedure itself, including any potential adverse reactions or side-effects.
Information about any known risks associated with the procedure, including:
Pre-existing conditions that might make the proposed procedure more dangerous for a specific patient.
The possible benefits that could result from the procedure.
A description of any existing alternatives to the procedure, including their benefits, risks, and possible side-effects.
Information about health problems that could arise should the patient elect not to undergo the proposed procedure.
Disclosure of the fact that the procedure might have some unforeseen and unforeseeable risks.
An acknowledgment that the patient can choose not to undergo the procedure now or at any time in the future.
Acknowledgment that choosing not to undergo the procedure does not void the patient’s right to continue receiving current medical treatment or to receive additional medical treatment in the future.
Simply put, the informed consent document should attempt to give the patient enough information to make an informed decision as to whether or not to undergo the proposed medication schedule, surgery, or other treatment.

Filing a Medical Malpractice Claim Even Though You Signed An Informed Consent Document
A signed informed consent document does not automatically make a medical professional immune to liability. Certain conditions can allow a plaintiff to hold a medical professional accountable for his or her injuries, even in the presence of an informed consent document. As you surely know, the various medical fields are incredibly complex, and the specific decisions that go into determining a course of medical treatment are over the head of most juries (and most patients, despite the informed consent document). To address this complexity, the courts apply three standards to a medical malpractice claim: the reasonable physician standard, the subjective patient standard, and the reasonable person standard.

The reasonable physician standard simply concerns what any reasonable physician would tell a patient about a proposed procedure. The medical provider is responsible for telling a patient everything about a proposed procedure as dictated by the reasonable physician standard. This allows a jury to determine whether or not the medical professional provided enough general information about the procedure in an informed consent document.

The subjective patient standard concerns the details in which the specific patient in question would likely want to know about the proposed procedure. Each patient has unique concerns, and medical professionals have a responsibility to know enough about their patients to provide them with these details. Obviously, this standard is not easy to apply, and it must be extensively investigated on a case-by-case basis.

The reasonable person standard considers whether or not a typical, reasonable person would have consented to the proposed procedure, given the information that the plaintiff had about the procedure when the informed consent document was signed.

The standards set in some of these elements rely largely on expert witness testimony from medical professionals in the defendant’s field. Our attorneys can make sure your case has the witness testimony it needs to prove that were the victim of negligence.

When the above standards are not met, someone hurt due to a medical professional’s negligence can file a medical malpractice claim, even though he or she signed an informed consent document. Applying these standards to a case is not easy for someone without extensive experience, but thankfully, the attorneys at our Law Office have been helping victims of medical malpractice for twenty years. We have successfully investigated hundreds of cases, and we are intimately familiar with the laws and regulations surrounding medical malpractice claims. Insurance companies and healthcare providers know who we are, and how successful we have been. In many cases, they cooperate fully with our settlement demands so that we can secure a fair settlement without even taking your case to court.

In other words, our legal professionals will work hard to get you back on your feet as painlessly as possible. So if you have been hurt due to the negligence of a medical professional, do not let that negligence go unpunished just because you signed an informed consent document. Contact aggressive medical malpractice attorneys at our Law Office today, and let our firm help you seek the fair settlement you need and the justice you deserve.

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Medical Malpractice Lawyer on Nursing Malpractice Lawsuits

Did you know that besides physicians and surgeons, medical malpractice lawsuits can be filed against other health care professionals as well? It seems the vast majority of media coverage for medical malpractice focuses on physicians and surgeons, yet lawsuits against dentists, psychologists, nurses, therapists, anesthesiologists, chiropractors, and other medical care professionals can surface if negligent care is provided.

Nowadays, in this high-tech medical industry, nurses carry far greater responsibilities for patient care than in years past, and even though the majority are highly skilled professionals, instances of neglectful care and sometimes even gross negligence can arise as the result of over-staffing and long work shifts. Doctors have a much higher level of training, so errors committed by nurses can often result in more damage.

You are a candidate for restitution or compensation for your injury and losses if you or a family member has been injured because of nurse malpractice. This article was put together by a nursing malpractice attorney to highlight some facts about nursing malpractice litigation. This can give you a basic grasp of the issues, but to better comprehend your legal options and to discover the best avenue for getting the compensation you deserve, call our Law Office for a free consultation.

What are the Grounds for a Legitimate Nursing Malpractice Lawsuit?
There is a certain level of care that is common for the nursing profession and a general expectation for nurses to provide in accordance with that standard or expectation. If they fail in performing this standard of care, you may qualify to pursue compensation through filing a nursing malpractice claim. Often though, there is a fine line drawn between what is viewed as an injury simply because of simple bad luck, and what is perceived as an injury or harm due to negligence. A few examples of nursing malpractice can include the following:

When a patient’s condition changes and a nurse doesn’t report that change to the patient’s physician.
A nurse gives the patient the wrong prescription drug or the wrong dosage of the right drug.
The nurse neglects her responsibility to monitor the patient’s vital signs and report any fluctuations to the patient’s doctor.
The nurse fails to compile results from the patient’s tests in sufficient time so that the correct treatment can be successfully applied.

Nursing Malpractice Lawsuit Challenges
The inherently technical aspect of nursing mishaps or negligence which results in injury, often makes it difficult to prove nursing malpractice lawsuits. Consequently, if you attempt to represent yourself or choose an inexperienced lawyer who doesn’t have a long history with medical malpractice cases, your chances of success are greatly diminished. The issues debated in nursing malpractice litigation are often rooted in highly specific medical knowledge that requires familiarity and understanding to be able to grasp. The attorneys at our Law Office have over twenty years of experience in the medical malpractice field and have developed consulting relationships with numerous experts in several medical fields. We have a keen understanding of how to use that testimony in the courtroom to establish the standard of care in a nursing specialty so that a jury can be influenced in your favor. Our attorneys are skilled in familiarizing juries with medical terminology that defines nursing malpractice cases so they can understand how the negligence caused the injury or harm to our client.

It can be a challenge to meet the standard of proof in nursing malpractice cases, and only an attorney with extensive experience in handling these cases can establish this standard of proof. Also, medical malpractice insurance has caps or limits that restrict the amount of possible compensation; consequently, many attorneys avoid these cases. Our medical malpractice attorneys, however, are committed to helping all nursing malpractice victims pursue the compensation they deserve.

Our Medical Malpractice Law Firm Can Help You

Did You Know?
Our medical malpractice attorneys have won thousands of cases. Call us today to discuss your case.

With a twenty-year successful track record of litigating medical malpractice suits, the attorneys at our Law Office are equipped to help you pursue the compensation you deserve if you or a family member has suffered harm because of the negligence of a nurse.

Because of our extensive history and track record in this field, we know how to recognize the liability of a negligent nurse and the process of proving that negligence in a courtroom. We’ve won millions of dollars from nearly every major insurance carrier in the U.S., as compensation for our injured clients. We’ve earned the respect of these insurance companies and defense attorneys. Often they choose to settle out of court with fair settlement offers, rather than face us in court. If the case is forced to trial, however, we are prepared to use all the skills in our arsenal— diligent investigative skills, courtroom strategy, and use of expert testimony on your behalf.

Call our Law Office if you have any questions or reservations about nursing malpractice accidents and litigation. We can arrange a free consultation and share the legal options available to you, so you can make an informed choice. Our goal is to help you receive the full compensation needed to recover from your losses so you can move confidently into the future.

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Every year, hundreds and thousands of patients visit their doctors in order to do their routine medical check ups or visit their doctors when they are sick or not feeling well. Everyone puts a lot of trust with their family doctor. However, doctors, just like anybody else, can make mistakes.

They can even make medical mistakes. The sad fact is that medical mistakes can be quite costly and have devastating effects on a patient. Every year, medical mistakes injure hundreds of thousands of patients. Improper diagnosis of medical conditions is a leading cause of medical mistakes. Misdiagnosis & failure to diagnose certain medical conditions can lead to severe injury or death of a patient. Many people visit their doctors in order to get better and relief from their pain or injuries. When a medical condition is misdiagnosed or not even found, then a lot of people will suffer in the end. Such “misdiagnosis” is also grounds for a medical malpractice lawsuit.

If you or a loved one has suffered injury or been hurt due to a misdiagnosis of your medical condition by your doctor, then know that help is available. You may be able to seek compensation for your misdiagnosis with a medical malpractice claim. However, pursuing a medical malpractice claim is no easy matter. It is extremely complex. That is why you need to work with an experienced medical malpractice attorney such as the attorneys of our Law Office. Our legal team will educate you on the laws regarding misdiagnosis and present you with options for seeking financial restitution.

There are many reasons why misdiagnosis occurs.

Misdiagnosis can happen because of a doctor’s error in judgment.
A delayed diagnosis by a doctor can occur which results in the patient’s condition becoming too severe to treat.
A doctor does not do the work necessary and fails to consider every possible evidence and scenario before making a diagnosis. (When a general doctor fails to consult with a specialist before being able to diagnosis which involves a special condition).
Texas law requires medical doctors to diagnose a patient’s condition in a correct time frame and then be able to help that patient overcome their condition. If a doctor is unable to diagnose their patient’s medical condition, then they must refer their patient to a specialist who is able to diagnose the condition. In addition, physicians must be able to look over a patient’s medical history and chart in order to understand their current medical condition and then be able to make a diagnosis. If a doctor fails to follow these standard procedures, then he or she can become liable. Doctors must be able to exhaust every possibility so that they can diagnose their patient’s medical condition and be able to help them recover and heal.

When physicians do not do their jobs properly and do not exhaust all resources to find out what’s wrong with their patients and why their patient is ill, then they are in trouble. If the patient suffers because they experienced a misdiagnosis & failure to diagnose from their doctor, then the patient has the right to seek a medical malpractice claim. However, if you have been through this or are currently experiencing this, then don’t expect your doctor to agree with your assessment and offer you compensation. Medical malpractice lawsuits are just as complex as personal injury lawsuits in Texas. They come with a lot of technical jargon, legal pitfalls, and a lot of red tape. Non-lawyers and people with no legal background do not have a chance in being successful with medical malpractice lawsuits. They stand no chance because they will be facing seasoned and aggressive defense attorneys who will make their life a living hell by doing everything they can to deny their claim. Also, novice lawyers will have a hard time as well as defending their case in court because they will have a hard time understanding the complex legal terms involving medical malpractice claims. Medical malpractice claims are harder to litigate today because of tort reform. Tort reform was initiated by insurance company lobbyists in Austin who raised the standard of proof needed in medical malpractice lawsuits and created a whole lot of procedural obstacles that benefit the defense attorneys. Tort reform was created because there were so many bogus lawsuits against the medical profession that the money people were asking for was enormous. In order to succeed with a medical malpractice claim, you must be able to prove very specific conditions so that your case can be successful and you can seek the financial compensation you deserve. Most of the non-lawyers are not aware of the conditions set by the tort reform law and therefore are unable to meet those conditions. In addition, you need to work with a reputable law firm that is experienced in these matters so that they can find you the expert witnesses to turn the tide in your favor. Our Law Office brings you 20 years of experience litigating medical malpractice lawsuits with success. In our 20 years of law, we have never heard of anyone who was successful in representing themselves in a medical malpractice lawsuit.

At our Law Office, our attorneys are medical malpractice specialists. We can help build a strong case for you with strong evidence that your doctor was negligent by misdiagnosing & failure to diagnose your medical condition. We are able to provide a high standard of proof that is required by law in medical malpractice lawsuits. For the past 20 years, the attorneys at our Law Offices have litigated hundreds of cases and have compiled a massive amount of knowledge on medical malpractice law. We know what it takes to win these types of cases and also understand the procedures involved in medical malpractice cases. At our Law Office, our attorneys have successfully battled and resolved medical malpractice cases against every major insurance company in the nation. We have obtained millions of dollars for our clients as a result. We are not afraid of any aggressive insurance company who will try to do everything they can to deny your claim. When other law firms back down on taking cases involving medical malpractice, our firm will not back down in helping you. At our Law Office, the staff is devoted to helping injured Texas residents receive the financial compensation they deserved for being misdiagnosed & failure to diagnose by their doctors which led to their injuries. Insurance companies respect our name due to our past success in litigating medical malpractice claims. Due to our reputable reputation, insurance companies will often settle with us and our clients for a fair amount so that they can avoid a lengthy and costly court trial. If you or a loved one were injured due to a misdiagnosis & failure to diagnose by your physician, then call our Law Office today for a free consultation. Our staff is standing by waiting to answer any questions you may have concerning your condition. By calling us, we will be able to present you with the various legal options needed in order for you to make the right decision. Call us now and find out how we can help you recover from your injuries associated with being misdiagnosed or not being diagnosed by your doctor. At our Law Office, we care.

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Our Lawyers Can Help You Recover after a Texas Bus Accident

Mass transit is more than just a way to help reduce the amount of pollutants released into the air. With the state of the economy the way it is, it’s become a viable method of getting around town while saving some significant money.

There are more buses traveling the roads than ever. The economy is squeezing organizations as well, forcing them to rely more on charter buses than individual means of transportation for corporate outings, church trips, and the like.

Since there are more buses in use, that means there are more chances for someone to be involved in a bus accident, whether it’s a single-vehicle crash or the bus is involved in a collision with a car or truck. These kinds of accidents can result in debilitating injures, and determining liability can be an incredibly complex process. If you or a family member should suffer an injury due to a bus accident, the bus accident attorneys at our Law Office are ready to help you get fair restitution.

Litigation of cases involving accidents with city-owned buses, school buses, or others can be very complicated. Government agencies enjoy a certain amount of latitude and even immunity in some cases when these types of accidents arise. When a privately owned charter bus is involved in a crash, a case can be very challenging because that company’s insurance provider will pose a formidable roadblock to your lawsuit. Many times, charter buses are used by clubs, churches, and other organizations when their members take long trips. These charter buses are many times poorly maintained mechanically, and often have worn or otherwise defective tires. Attorneys with our Law Office have run across this unfortunate occurrence many times in the cases we have litigated successfully for our clients.

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How Safe are Passenger Buses?

A bus can weigh up to 15 tons or more. Although they are immense, that doesn’t mean they are necessarily safe. In a typical collision between vehicles, the bigger one normally wins out. But when a bus runs over or hits an object, its mass can work against it. The typical passenger compartment of a bus can’t support itself adequately under the weight of the bus and is prone to suffering extensive damage in the event of a collision as a result. This is mainly due to the fact that buses are normally built using a body-on-frame configuration.

Contrast that with most modern automobiles, which are built using uni-body construction. This means there is no difference between the frame and body. A car’s body is usually made of several stamped steel pieces that are welded together, making its mass-to-rigidity ratio very favorable. What that means for you is that most cars in production are very safe. Buses, on the other hand, have a body mounted on a ladder-frame chassis. The frame itself is very durable, but the body is fairly weak. As a result, it is often crushed under the weight of the rest of the bus.

In lawsuits involving a bus accident, there could be other parties involved besides the owner or driver of the bus that may share responsibility for your injury. This just adds to the complexity of this kind of litigation and underscores even further the need for an experienced bus accident attorney working on your side.

No matter what kind of bus has been involved in the accident that has caused your injury, or whether you were on the bus or were in a car hit by a bus, you will have to bring forth convincing evidence in order to have a chance at winning your case. You will also need an effective plan of attack. These kinds of accidents can mean severe injuries, ranging from whiplash to spinal cord damage to other injuries, and even death. If you or a family member has suffered a loss due to a bus accident, call the bus accident attorneys at our Law Office for a confidential and free consultation. This type of case, as we mentioned previously, can be very complex; you need the experience of a seasoned attorney who can help you get the maximum compensation you deserve.

Litigation Involving a Bus Company
As previously mentioned, bus accidents can lead to disabling injuries, massive medical bills, and death. A wide variety of factors can come into play and result in a bus accident, and most of them aren’t the victim’s fault, obviously. Some of these factors include the negligence of the driver, a poorly maintained bus, hazardous road conditions, broken or faulty parts (such as windows or seats), dangerous driving as it relates to weather conditions or improperly planned routes.

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How an Attorney Can Help You

It doesn’t matter how you were injured in a bus accident, whether you were a pedestrian, bus passenger, or the driver of a car hit by the bus. You could be eligible to receive compensation for the injury. The attorneys at our Law Office have successfully tried many bus accidents throughout the state of Texas, and we can help you as well. You can seek legal action against several different entities involved in the accident, and we have 20 years of experience making sure those responsible for bus accidents are held accountable. Bus operators owe you a legal duty of care in ensuring your safety. When the driver of the bus causes an accident that results in injury or death, that duty has been violated. Thus, the injury victim or family member has grounds to pursue litigation in an attempt to obtain monetary compensation for the losses that have been incurred.

As long as damages have been incurred you can pursue restitution, even if the cause of those damages was a public entity such as a local government agency. As we noted before, there are several distinct differences between public bus owners and private bus companies. A bus line run by a public entity often enjoys protection from some types of legal action on account of laws that give governmental agencies some basic immunity from lawsuits filed by private citizens. But that doesn’t automatically mean you don’t have a claim. In certain instances, you may be able to file a claim against the public agency responsible for your injury. However, it takes the skill and experience of a bus accident attorney to ascertain that liability through an investigation.

The many varieties of devastating injuries that can result from a bus accident include brain and spinal cord injuries, burn injuries, and bone fractures. Injury victims can incur huge medical expenses. Some may not be able to return to work because of their injury. The bus accident attorneys at our Law Office will work tirelessly to ensure our clients get the just compensation they deserve to get their lives back on track.

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Why Do Bus Accidents Happen?

Buses are, by nature, not only very heavy and big, but awkward to drive as well. Even under the best conditions, they can be very difficult to operate. Combine that awkwardness with a poorly trained or novice driver, and you have the potential for disaster. Experienced drivers can be overworked or easily distracted, leading to an accident. We have even seen accidents caused by bus drivers who were drunk or under the influence of drugs.

Often times, an accident is caused by a poorly maintained bus. Because a bus is so large and generates so much momentum, its braking system has to continuously be in top working order. This and other maintenance work means that the bus is not on the road, and not generating revenue. So some bus owners may choose to overlook maintenance issues, and that can cause massive problems.

Other factors in bus accidents include improperly planned routes, hazardous road conditions, and buses overloaded with either passengers or cargo. We have even seen instances where the absence of safety equipment played a role in injuries occurring. Our attorneys will conduct a detailed investigation of the bus accident that injured you to make sure that all parties involved are held responsible and that all liable parties pay.

But it’s often not as simple to determine those liable parties as you may think. The reason is that most of the time, there are several people and entities that may share liability. Bus drivers can be reckless, careless, or flat-out incompetent. They might run stop lights, ignore traffic warnings and conditions, speed, or make dangerously illegal turns. They, and the companies that employ them, are but two of the potentially liable parties.

The owner of a private bus line is easier to place liability on than is a governmental agency that owns a bus involved in an accident that causes an injury. In the eyes of the law in most states, owners of private buses are referred to as “common carriers.” As such, they have a higher level of responsibility when they are on the road. They have to show a higher level of care in protecting not only their own passengers but also other motorists on the road. It is typically fairly easy to establish liability toward a common carrier. When a governmental authority owns or operates a bus, however, it is much more difficult. Even when it is obvious such a bus is to blame for an accident, governmental immunity can make pursuing legal action nearly impossible. In this kind of instance, it is critical that you have an experienced bus accident attorney working to protect your rights.

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Gathering Evidence and Conducting an Investigation
Since you, the plaintiff, bears the burden of proof in your case, you have to have evidence to establish that proof. Investigations not only help determine the cause of the accident but also who was at fault. There could have been several motorists also involved in the crash they may have played a role in its cause. The improper maintenance of the bus could have been the main cause. Without an investigation, however, there might be no way of making sure who needs to be held liable in your case. With one, however, you can rest assured the truth will be uncovered and the necessary evidence provided to satisfy your burden of proof.

Our Law Office has a group of experienced and effective investigators who know how to gather evidence, such as 911 call recordings, potential video footage or photographs, and physical evidence. They also know how to look for the employment records and drug test results of drivers, and know how to examine and categorize all of that evidence in order to fully support your case. You have to have compelling evidence to have any chance at winning your case – without it, you have no shot. We can bring forth that necessary evidence, either to compel the defendant to offer a fair settlement, or to use it against that defendant in a trial. And there is no out-of-pocket charge for this service for the client.

We know you have experienced severe trauma, and seeing that an investigation is launched into the cause of your accident might be one of the farthest things from your mind at this time. But you have to know that the defense is already marshaling forces to defeat your case, and part of that entails conducting their own investigation. They do so immediately after an accident occurs so that they can gather the evidence before it disappears, as so often happens in these kinds of cases. Changing weather conditions or clean up at the scene are but two factors that play a role in the loss of evidence. The defense team knows that the best evidence only lasts for a short time, and they have already acted to gather it. That is why you need to act just as quickly as you can to find an attorney; the more time it takes for you to seek legal help, the less of a chance you have to win your case. That’s unfortunate, but it’s a cold, hard fact.

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The Four Elements of a Successful Case
In order to win a case, you have to prove four legal elements: duty, breach, causation, and damages. In legal terms, you are owed a “duty of care” by others not to be harmed, just as you owe that duty of care to everyone else. Basically, that means you have a duty not to expose other people to the harm that may be inherent in the actions you take. If you’re driving, you owe a duty of care to your fellow motorists to drive in a safe manner, and they owe that same duty of care to you. In the case of your bus accident, it is the duty of the driver to pay attention to all traffic warning signs, obey all traffic laws, to not speed, and to not be fatigued, distracted, or under the influence of any substance.

If the defendant is found to have failed to employ a reasonable standard of care and harmed you as a result, that defendant will be found to have “breached” the duty of care you are owed. A breach of duty occurred when the bus driver’s negligence led to your injury or the death of a loved one. There are a number of ways negligence can occur, such as driving while under the influence, driving while fatigued, or driving while distracted.

The next element to prove is causation, which simply means proving your injury was caused by the negligence of the defendant. If you can’t prove the defendant caused your accident, you cannot win your case.

The fourth element is damages or the monetary value applied to your injury and all the accompanying medical expenses, lost wages, emotional trauma, and other difficulties you’re experiencing as a result of your accident. You can’t merely ask for compensation; you’ll have to spell out and prove exactly how much you should get. Your damages have to be carefully and deliberately calculated in order for you to get the maximum amount of restitution you deserve. It may sound harsh, but you’re basically being asked to put a price tag on your suffering and loss. But you need hard evidence to support that monetary amount, and you can bet the defense will claim you’re asking way too much – that you’re basically begging for a handout. It’s hard enough for a novice lawyer to put that “price tag” on your damages; it’s basically impossible for a layperson. So you need a seasoned bus accident attorney to not only determine the accurate amount of your damages but to provide the compelling evidence needed for you to support that demand.

You may be able to obtain damages for pain and suffering, medical expenses, repair bills, lost wages, loss of potential earning capacity, and several other losses you have incurred as the result of the accident. If you are lacking the necessary evidence, and you can’t make a compelling argument, you won’t get a dime.

Pre-Trial Settlements vs. The Court Process
Your case will have one of two outcomes: you will either reach a settlement with the liable party and avoid a trial, or you will be unable to reach a settlement and your case will have to go to court. There are times where an effective bus accident attorney can reach a just settlement. In this kind of instance, the defendant’s insurance provider will pay a certain monetary amount without being compelled by a judge or jury to do so. They would rather do this than risk losing substantially more money should they lose a trial. In return, you forfeit your right to sue that insurer for even more money. So it is critical that you understand that, if you agree to an inadequate settlement, that’s it. You have just given up your right to pursue any further legal action.

Sometimes, insurance companies will try and goad you into accepting a bad settlement just because it’s fast money. You’ve incurred a lot of expenses, so they hope you’ll take the quick check and they can be done with you. They figure you’ll take it even though it won’t come close to covering your expenses because you need the money now. You’d be surprised how many injury victims fall for that ploy.

They will also ask you to sign a document in order to receive that compensation. But that is in the insurer’s best interests – not yours. NEVER agree to any kind of settlement, and NEVER agree to sign anything, without consulting with an experienced attorney first. You shouldn’t even discuss the case with the opposition without having a lawyer present to protect your rights.

Call an attorney with our Law Office as soon as you possibly can. It could make the difference between you getting fair compensation for your accident, and getting nothing at all for the pain or loss you have experienced. We’re available 24 hours a day. We’ll give you a confidential and free consultation and clearly spell out all legal options you may have.

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