Personal Injury – 7/21/21 – gtg

Surgical Errors

Surgeons have a professional responsibility to act with a certain level of care for a patient. If they fall below that standard of care, the surgeon becomes liable for all injury and damages that occur due to their neglect.

Unfortunately, errors during surgery are not uncommon. They may include any one or more of the following common errors:

Forgetting equipment such as sponges or other tools in a patient
Failing to make the correct incisions
Performing unnecessary procedures
Damaging nerves
Failing to properly monitor the patient during surgery
Over sedating patients or committing other anesthesia errors
Only an attorney can tell you whether any of the above failures are cause for a medical malpractice lawsuit.

Elements of a Surgical Malpractice Lawsuit

Malpractice lawsuits for surgical negligence are made under tort law (personal injury). A victim of malpractice must prove the following elements in order to be entitled to monetary damages for a malpractice case:

A reasonably competent surgeon in your surgeon’s practice field would not have made the error that your surgeon made.
The error was the actual cause and proximate cause of your injury or harm. Proximate cause means there was no intervening force or act that was the reason behind your harm.
You experienced actual injury, for which you deserve compensation under the law.

Damages in Surgical Errors Lawsuits

There are usually three types of damages that victims of malpractice or their survivors can recover in a surgical malpractice lawsuit: noneconomic damages, economic damages, and punitive damages. Noneconomic damages are damages that account for suffering and loss of enjoyment that is hard to quantify in numbers. This includes pain and suffering, loss of enjoyment, and loss of consortium for the surviving family if the victim died (or can no longer engage in certain activities). Noneconomic damages are subject to Texas’ non-economic damages cap of $250,000.

Economic damages are damages that are usually quantifiable, these can include medical expenses, projected future medical expenses, expenses for in-home care, and a percentage of lost wages and future lost wages. Economic damages are not subject to caps.

In egregious cases of malpractice, a victim may also be able to recover punitive damages. These damages are not designed to compensate you, but rather are designed to punish the wrongdoer. Punitive damages are generally reserved for extraordinarily wrongful malpractice because eligibility to receive punitive damages is much harder to prove and typically requires grossly negligent behavior or international wrongs.

Contact a Surgical Errors Attorney

Call us toll-free to schedule a free consultation with a surgical errors lawyer at our Law Office.

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Defective Tires

Tire tread problems and other tire defects can cause catastrophic tire failure. Some manufacturers understand this risk but attempt to cut costs by manufacturing low-quality tires or rims. Fortunately, the manufacturers and others involved in the sale or maintenance of defective tires can be held financially responsible when injury or death results from the defective tire.

Back in 2000, after the well-known case of the Firestone tire defects became public knowledge, Congress acted to make more stringent manufacturing requirements for consumer tires. This has increased the potential for liability for tire manufactures.

Tread-belt separation is the most pervasive of tire defects for passenger cars and light-duty trucks, with steel belt radial tires. These are also often the most destructive types of defects because when separation occurs vehicles can become uncontrollable, even for the most experienced of drivers. Tread-belt separation often causes a situation worse than a blowout or flat at highway level speeds; this is because the tread completely separates, exposing the lower belt directly to the road. This causes a dramatic shift of the vehicle to the side of the defective tire. In many instances the tread or belt that separated can wrap around other vehicle parts, which can make the vehicle behave even more erratically. These types of defects can cause rollovers in vehicles with a high center of gravity, such as SUVs.

Many design features can reduce the likelihood that the tread will separate. An effective inner liner of the tire will prevent the movement of air that could make the tread more susceptible to damage due to oxidation. The design of the steel belt edge can affect tread durability. If the belt is not cut at the appropriate size it can scrape away the rubber components of the tire. A belt wedge or cushion can also significantly improve the safety of a belt. Unfortunately, many manufacturers opt not to install cushions or reduce the size of their products, in order to cut costs.

If you have been harmed due to defective tires, contact a defective tire attorney to explain your legal options. You may be eligible to receive a lawsuit or settlement from those responsible for the sale or design of the tires. To learn more contact the tire defect lawyers at our Law Office. Call us toll-free today.

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Defective Toys

Texas law requires that manufacturers, distributors, and retailers be held strictly liable when defective products injure consumers. Products designed for children are no exception. Toy and children’s product manufacturers make billions of dollars each year off consumer sales, however in return, they are expected to make safe products for vulnerable children and compensate victims when they fail this duty.

Although the U.S. Consumer Product Safety Commission has in recent years increased the number of children’s products it has recalled, the number of injuries and deaths of minors due to defective products has not declined as steadily. One major reason for this is because of hard-line cost-cutting measures that require manufacturers to make the lowest cost item possible in an extremely competitive global marketplace. Unfortunately, this means that all too often corners are cut, and hazards are ignored.

Some examples of defective products that harm children include:

Poorly designed cribs, bassinets, and mattresses
Toys with sharp moving parts
Defective playpens
Car seats that malfunction with normal use
Clothing made of flammable material
Some of the most prevalent types of injury include:

Head injury
Asphyxiation
Lacerations
Injury to limbs and other body parts

Victims of products liability cases are eligible to have medical expenses paid for, damages for pain and suffering, and other types of special damages.

If your loved one was harmed by a defective product, do not just allow your medical bills to pile up. Find out whether you are entitled to a products liability lawsuit or settlement by contacting a products liability attorney. Call our Law Office today. Our products liability lawyers specialize in lawsuits involving defective toys and children’s products. Schedule a free consultation with an experienced attorney by calling us today.

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Personal Injury

Our Law Office handles personal injury cases. If you have been injured due to the wrongful act of another, which can occur through negligence, abuse, and other means, please contact our firm for a free case evaluation.

We are dedicated to allowing victims who have suffered harm or who have lost their lives, to receive compensation and other relief from wrongdoers. Personal injury law is also commonly referred to as tort law. Personal injury law allows victims to recover damages in a wide range of situations, where one or more parties are responsible for the harm done. This includes cases based on the five large branches of personal injury law: negligence, malpractice, intentional torts, products liability, and strict liability.

Types of Personal Injury Cases Handled

Truck Accidents
Store Accidents
Product Liability Injuries
Equipment and Device Accidents
Motorcycle Accidents
Unsafe Toys
Wrongful Death
Elevator/Escalator Accidents
Medical Malpractice
Misdiagnosed Cancer
Brain Injury
Premises Liability
Birth Injuries
Aviation Accidents
Pedestrian Accidents
Serious Scarring
Construction Accidents & Injuries
Hotel Liability
Hit and Run Car Accidents
Pharmaceutical Malpractice
DUI and DWI Accidents
Swimming Accidents – Drowning
Railroad Accidents
Car Accidents

More About Personal Injury Law

Courts in personal injury cases can generally provide three types of relief, compensatory damages, punitive damages, and injunctive relief. Compensatory damages are the default type of damage for a large proportion of cases. Compensatory damages are monetary payments designed to directly pay for the harm incurred by the victim. These damages include, if applicable, money for medical expenses, lost wages for the past and future, loss of companionship, loss of property, pain, and suffering, emotional distress, and loss of enjoyment.

Punitive damages are designed to punish a wrongdoer for behavior that is very egregious and reprehensible. These damages are typically worth much more than compensatory damages because they are based on an individual or entity’s resources. However, Texas law limits the total amount of some punitive damage awards.

Injunctive relief, in contrast to compensatory or punitive damages, is not monetary. Injunctive relief is when a court directs a person or entity to do something or refrain from doing something. For example, a restraining order, or an injunction to stop selling a particular product is an example of injunctive relief.

If you or your loved one has been injured because of a wrongdoer call the injury lawyers at our Law Office. Schedule a free consultation today by calling us toll-free.

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Medical Malpractice

Between 44,000 and 98,000 Americans die in hospitals each year due to preventable medical errors.

According to a recent study from the National Academy’s Institute of Medicine, each year more people die from medical errors than from motor vehicle accidents (43,458), breast cancer (42,297), or AIDS (16,516). Total national costs (lost income, lost household production, disability, and health care costs) for medical errors are estimated to be between $17 billion and $29 billion per year. The emotional and personal toll that medical malpractice takes upon a family is immeasurable.

Our Law Firm is prepared to evaluate your potential medical malpractice case. This typically involves a review of the medical records associated with the medical care as well as the involvement of an expert witness to determine whether malpractice occurred. We are extremely selective in the medical malpractice cases that we agree to handle. Medical malpractice cases are complex, expensive, and require countless hours of investigation. The claims must be supported by expert testimony. Despite what is portrayed in the media, medical malpractice cases are difficult to win on behalf of plaintiffs. One recent study of jury verdicts in medical malpractice cases found that 23% of patients win their cases before juries. For these reasons our office carefully screens and selects those medical malpractice cases that we believe are compelling and likely to succeed. The medical malpractice cases our office accepts are limited to those involving death or catastrophic injury. For those cases that merit litigation, our office has the experience and resources necessary to successfully prosecute your claim.

If you believe you have been the victim of medical negligence, please contact our office today for a free case evaluation.

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MEDICAL MALPRACTICE ATTORNEYS

While there are many medical malpractice lawyers, our Law Office is an especially good choice when it comes to selecting someone to examine the legal issues which can arise in the prosecution of your medical malpractice claim. The term “medical malpractice” refers to the negligence of a doctor, health care professional, or hospital. Medical malpractice occurs when a doctor, health care professional, or hospital, does something that he/she/it should not have– something that a reasonably prudent doctor, health care professional, or hospital, would not do under the same circumstances. If a doctor or hospital has deviated or departed from accepted standards of practice in their medical community, then errors in standards of care (resulting in personal injury) may have occurred. However, because medical malpractice and personal injury law recognize that there are differences in the abilities of doctors, a doctor is not required to have the extraordinary knowledge and ability that belongs to a few doctors of exceptional ability. It is also true that a bad result to the patient, by itself, does not make the doctor liable. The doctor is liable under the law only if he/she commits negligence. Notwithstanding the above malpractice legal standards, a doctor is still required to keep reasonably informed of new developments in his/her field of medicine or surgery. Similarly, the law requires a doctor to use his/her best judgment and whatever superior knowledge and skill he/she possesses, even if that knowledge and skill exceeds that of the average doctor or specialist.

Because these same legal issues are only some of the many complexities often part of a malpractice case, we as experienced malpractice attorneys, have a team of doctors, nurses, and other health care professionals with whom we will consult about your case. In fact, among our first steps taken on your behalf will be the review of all relevant and available records with our knowledgeable team. This first step is crucial as it is part of a thorough evaluation of your medical malpractice case and will among other things give us an indication of its: overall merit, monetary value, and likelihood of success at trial.

It is also true that even our “of counsel” attorneys have a great deal of courtroom experience with various legal issues arising out of medical malpractice cases. Accordingly, if your case involves the negligence of a hospital, doctor, or other health care professional, (or whether it involves a wrongful death or another type of serious personal injury), we are well equipped to prosecute your case. As trial lawyers, we also recognize the importance of all the ethical rules which lawyers are obligated to follow.

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Practice Areas

Our Law Firm represents people and the families of people who have been seriously injured or killed as a result of the negligent or wrongful conduct of others in the state of Texas. Our clients have received their injuries or have lost their loved ones in all types of situations including medical malpractice, nursing home abuse, vehicle accidents, construction site accidents, equipment-related injuries, harm from dangerous drugs, and all other dangerous practices or situations that result in injury to a person.

We have years of experience dealing with cases in the personal injury field. We understand how insurance companies and lawyers for the defense side work. Insurance companies, in particular, are interested in minimizing their economic exposure whenever a serious injury or death has occurred. To do so, they hire attorneys whose job it is to aggressively undermine each aspect of your case. But we know their tactics and can anticipate their moves. We get each case ready to go to trial, and the opposing attorneys know that we will take your case all the way through a jury trial if we need to in order to get the best possible result for you. We often are able to negotiate generous settlements as a result, as there are many cases that the insurance companies do not want to take to trial. We will always act in your best interests and with your full knowledge and consent, but we can often get great settlements and avoid putting you through a trial altogether.

If you have suffered a serious personal injury or a loved one has been killed through the negligence or wrongful conduct of another, contact us to set up a free initial consultation. Let us show you how our experience and dedication can work for you. And remember that unless and until we recover money damages for you, you will not pay us anything.

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Nursing Home Negligence/Abuse

A nursing home is a facility that provides skilled nursing care and related services for residents who require that level of care; rehabilitation services for injured, disabled, or sick people; and health-related care and services, above the level of mere room and board that can be made available through institutional facilities.

Although this type of care, by its very nature, substantially limits a person’s lifestyle and scope of privacy, you should still expect high-quality, compassionate, and dignified care from a nursing facility. And these expectations are guaranteed by various state and federal laws.

Sadly, a number of nursing facilities neglect or even abuse their patients. This is often a combination of lack of money, which limits the quality of the help that can be hired, and a general feeling that the patients are not going to be able to complain anyhow. This attitude is disgusting, however, in that these facilities are dealing with some of society’s most vulnerable people who deserve the best possible care simply because they are in no position to complain. Nonetheless, elder abuse and nursing home neglect are more common than we want to think.

If you have a senior citizen in a nursing home and you notice any of the following signs, your loved one may be suffering from neglect or abuse:

Malnutrition
Dehydration
Pressure sores/bed sores
Dry skin
Chapped lips
Unexplained weight loss
Inability to eat
Infections that do not heal
Falls and broken bones
Excessive bruising
Verbal abuse
Physical abuse

You need to contact an experienced attorney right away for several reasons. First, complaints must be made to the appropriate authorities to protect your loved one as well as every other resident in the facility. Second, immediate steps must be taken to ensure that your loved one is quickly put in a place of safety. And third, your loved one deserves money damages for the injuries he or she has suffered, and the nursing facility needs to be held liable for these injuries.

Contact us immediately if you have any suspicion that your loved one is suffering abuse or neglect at his or her nursing facility. We will immediately check into the situation and take all appropriate steps to remedy the urgent situation and begin the process of compensating your loved one for his or her injuries. Let our knowledgeable and compassionate attorneys go to work on your loved one’s behalf.

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Brain Injuries

Traumatic brain injuries can occur in any type of accident that involves head trauma. Car and motorcycle accidents, construction accidents, slip and fall cases, birth injury cases, premises liability – all these and more can result in a head injury.

The long-term effects of a head injury, anything from a concussion to a skull fracture, can be wide-ranging and difficult to determine. Two people who appear to have suffered the same type and severity of injury in the same location will react to the injury in vastly different ways, any of which can change their lives. While most people associate coma and severe loss of function with traumatic brain injury, or TBI, other consequences can include loss of short-term or long-term memory, changes in temperament and mood swings, loss of fine motor skills, insomnia, and inability to remember family and friends. Other neurological disorders that show up later in life may also be related to the TBI.

If you or a loved one has suffered a traumatic brain injury due to the actions or negligence of another, you need the help of experienced attorneys to receive compensation for the injury, including money to help with any long-term care or rehabilitation expenses. Our Law Firm has experience dealing with head injuries and can help you or your loved one get the compensation that is needed to deal with pain and suffering, long-term rehabilitation and retraining, care, and unpaid medical expenses.

We can help you get the compensation you deserve. We handle traumatic brain injury cases throughout the state of Texas. You won’t pay a thing until you recover money damages. Contact us to set up a free initial consultation. Let us show you what we can do for you.

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Spinal Injuries

Spinal and cervical injuries almost always have serious, life-changing consequences. Some type of paralysis is generally involved, ranging from paraplegia and quadriplegia to weakness on one side or loss of fine motor skills. In many cases, a person may have to train for a different job after suffering a spinal cord injury and may be unable to enjoy activities that were a part of his or her life before the injury. Long-term care may be required and some medical expenses may not be covered by insurance.

Our Law Firm has helped many victims of spinal injuries recover the money needed to compensate them for past and future expenses related to their injury, including rehabilitation, retraining for a new career, and long-term medical care. Our in-depth experience allows us to explore different theories of liability and recovery, to maximize the potential amount of damages received by our clients. We take every case as though it were going to trial, lining up experts to talk about the medical aspects of your case as well as the long-term life issues. However, we also participate in settlement negotiations to see if there is a better way to get the money you need. At all times, we keep your best interests as the top priority.

If you have suffered a serious spinal injury, contact us to set up a free initial consultation about your case. We will discuss your case and what our experienced, dedicated attorneys can do for you. And you won’t pay us a thing until you recover money damages in your case.

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Insurance Coverage Claims and Bad Faith

You pay your insurance premiums faithfully, making sure that your home or automobile is covered adequately. But sometimes when you put in a claim, the insurance company violates the principles governing insurance laws and regulations and wrongfully denies your claim, delays in making a decision or in paying a claim, or requires unreasonable actions or documentation on your part to prove a claim.

When this happens, you need aggressive attorneys who are accustomed to dealing with insurance companies to take your side. The insurance companies have entire legal departments who will try to put you off as long as possible – but once you have your own attorney, especially one with a reputation for taking cases to trial and winning, they are more willing to back down. Our attorneys have that reputation. We know how the insurance companies work and we know how to have them honor the policies they have sold. In some cases, if the insurance company has been engaged in a pattern of unreasonably holding up payment of claims, we may be able to recover punitive damages as well.

We have handled insurance company cases throughout the state of Texas. We can help you with your insurance company problem as well. Contact us to set up a free initial consultation. We will examine whatever correspondence you have received from your insurance company and assess how your case might proceed. Then, if you decide to let us help you with your dispute against your insurance company, you will not pay us anything until we recover money damages for you.

Let us show you how our experience with insurance companies can work to your benefit.

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