Drug Injury Attorney on Defective Prescription Drugs
You might be eligible to attempt to obtain compensation through a Texas product defect lawsuit if you have any reason to believe that your illness or injury may have occurred as the result of defective prescription drugs or a pharmaceutical error.
Seeking legal recourse for this kind of injury, however, can be a very difficult endeavor, and it is especially tough if you choose to act as your own legal representative and do not enlist the services of a drug injury attorney. There are myriad challenges that are presented by these kinds of personal injury cases, and in order to have the best chance possible at getting the just restitution you deserve, you will need a seasoned and skilled defective drug injury attorney on your side. The attorneys with our Law Office will be happy to explain what kind of case you may have, the hurdles you will face in attempting to obtain compensation and the ways that our law firm can help you get the justice you have coming.
Why Drug Injury Lawsuits are Considered Challenging
The companies that design drugs and the medical practitioners who prescribe and dispense them, it is assumed, have some level of medical expertise that will greatly exceed that of a typical person. When someone takes a drug, they will likely have a reasonable expectation that the drug will not harm him or her. For instance, a person should be able to expect to understand the intended use of a drug, the potential side effects associated with it, and whether or not the drug prescribed could result in further injury because of a pre-existing medical condition or by using other drugs along with that newly prescribed drug. Basically, the people who have a need for prescription drugs more than likely trust that pharmacists, doctors, and drug manufacturers will do the best they can and do their jobs so that a patient does not experience harm. Accidents, of course, can take place in the field of medicine, but it is still reasonable to expect the drug you are taking is correctly manufactured and designed, and will not cause added problems. But most consumers do not understand how a drug might have prolonged an illness or compounded an existing injury. Additionally, most people do not have the expertise to be able to ascertain whether an incorrectly prescribed drug, a defective drug, or a faulty dosage might have caused them harm.
One of the most formidable hurdles to successfully pursuing a case involving defective prescription drugs is the expert medical knowledge that is necessary to prove that a defective drug injury even occurred. This is a type of personal injury lawsuit that necessitates a certain amount of technical knowledge to be acquired or to be obtained through the help of someone who is an expert in the field. There are many law firms that simply do not have the desire to put in the strenuous work involved in this kind of litigation, nor do they have relationships with medical experts.
However, our Texas medical malpractice firm is not one of those firms. We have assisted many victims of different forms of medical malpractice, including clients who have been harmed as a result of taking defective prescription drugs. We have access to medical experts who can help drug defect victims by connecting their malady to an incorrectly prescribed drug, a wrong dosage, or a defective drug.
Additionally, a lawsuit can also be complicated depending on the kind of lawsuit that is filed against a negligent entity. The following is a detailed explanation of the two kinds of drug injury lawsuits that can be filed.
Drug Injury Case Categories
There are two broad categories in which drug injury cases can be listed:
Product liability lawsuits – These lawsuits are filed as a result of a drug manufacturer creating a drug that is harmful to the public, such as Hydroxycut.
Pharmaceutical error lawsuits – These are filed in response to a drug provider’s negligence in issuing a drug to a patient. For example, prescribing the wrong drug or prescribing the wrong dosage.
Product Liability Lawsuits
The companies that manufacture drugs are sometimes more accurately described as “pill pushers” than drug manufacturers. Drug manufacturers sometimes cut corners in designing and producing drugs, because they are in a rush to get their piece of a pie that is millions and millions of dollars big. They will often fail to properly and completely test a drug before they release it for public consumption. When this happens, and a person is injured due to a drug’s detrimental side effect that is not listed on the drug’s container, that victim can attempt to obtain restitution for their injury through the means of a defective drug product liability lawsuit. Should a drug manufacturer produce an off-brand product that uses questionable ingredients, and those ingredients can be proven to have harmed the consumer, then, likewise, that drug manufacturer can be sued through a drug defect personal injury lawsuit.
Initiating legal action against a drug manufacturer, however, is an incredibly complex and challenging task, and not for those who want to avoid a fight. Drug manufacturers often have millions upon millions of dollars that they can use to defend themselves against lawsuits, and will do whatever it takes – and spend however much it takes – in order to ensure you lose your case. Say, for instance, you were the first person to have been injured by taking Hydroxycut, which was an intensely marketed and highly popular drug when it was originally released. Because you were injured, you filed a lawsuit, and the negative publicity surrounding your suit would have been enough to seriously hurt the manufacturer’s bottom line. It only stands to reason, then, that the manufacturer would work feverishly in order to either make sure you were given a low-ball settlement, or you were defeated by their group of highly paid and extremely effective defense lawyers. Basically, they will stop at almost nothing in order to keep a victim from obtaining fair compensation, because that would be an admission that they were at fault. And if that happened, they would likely face an avalanche of even more lawsuits after dealing with yours. This happens all too often, and liable drug manufacturers often stoop to highly questionable means in order to protect themselves from lawsuits.
Because of the intense and complex nature of defective drug liability lawsuits, there are many law firms that will not touch this kind of litigation. Often, the deck is just too stacked against the rights of a victim, and that is especially true when the defendant is a huge drug manufacturer. But the drug injury lawyers with our Law Office firmly believe that each and every person has a right to attempt to obtain compensation for an injury – it does not matter that a defendant may be a huge corporation with seemingly endless resources. We have extensive experience fighting both extremely wealthy individuals as well as huge insurance companies, so we have the attitude, knowledge, and toughness it takes to aggressively – and successfully – defend your rights against the onslaught of defendants, no matter how deep their pockets.
We should also note that there are some law firms that will initially offer to help the victim of a drug injury, only to ultimately sub-contract that work to another firm that is more experienced in fighting huge pharmaceutical entities. If we are assured that we can help you get the restitution you deserve, we will take your case through the entire process – from its start until its end. We don’t care about how your case can add to our list of successes. We are only interested in your success.
Pharmaceutical Error Lawsuits
If a pharmacist, nurse, doctor, or any other kind of medical practitioner prescribes an incorrect drug or the wrong dosage of said drug, and further illness or injury is experienced by the patient as the result of that mistake, then that victim can attempt to obtain restitution through the means of a pharmaceutical error lawsuit. Because of recent tort reform passed by the Texas Legislature, even though pharmacy errors are considered medical malpractice, pursuing legal action against a medical practitioner can be extremely difficult. The sentiment behind this tort reform was admirable – stop frivolous lawsuits from being filed against doctors and other medical practitioners, long-lasting civil lawsuits that further crippled an already overwhelmed court system. Unfortunately, and tragically in some instances, this tort reform has been a detriment to many injury victims with legitimate medical malpractice claims. One of the detrimental effects of tort reform legislation is the cap the legislature placed on the amount of compensation an injured patient was eligible to receive through the means of a medical malpractice lawsuit in Texas. Oftentimes, this cap doesn’t come close to properly compensating a victim for his or her injuries or accrued damages. Because of the possibility that the chances of obtaining full compensation could be small, there are many medical malpractice lawyers in Texas who will decline these kinds of cases. However, the defective drug injury attorneys with our Law Office will assist you in seeking fair restitution, whether it comes from a negligent hospital, negligent doctor, a negligent third party such as a drug manufacturer, or a combination of all of them.
There is another obstacle that oftentimes will cause Texas medical malpractice law firms from declining to help injury victims, and that is the exceptionally high standard of proof that plaintiffs must satisfy in a medical malpractice lawsuit. As we have stated previously, there are many times where medical experts must be brought into court in order to give technical, specific information regarding how medical practitioners may have committed negligence. There are many law firms that simply do not have access to these critically important medical experts. However, our Law Office has this access, and we have relied countless times on expert medical testimony that has helped our clients successfully pursued both pharmaceutical error injury cases, as well as medical malpractice cases, in Texas.
We are fearless and passionate when it comes to fighting for the rights of our clients – it does not matter one bit how huge and intimidating the drug manufacturers or other entities we fight in court may be. We also have access to medical experts who can effectively make a connection between the negligence of a medical practitioner and your injury. The drug injury attorneys with our Law Office stand ready to help you if you have experienced a further injury because of a pharmaceutical error or an unsafe drug. With our two decades of experience handling this kind of litigation, we are ready to help you as well. Our attorneys are ready to assist you in your efforts to hold accountable all the parties that are responsible for causing you further illness or harm. Please call us as soon as you can (toll-free) for a confidential and free consultation. We will go over all the circumstances surrounding your case, and tell you how we can help you obtain the just compensation you have coming to you for the suffering you have experienced.
Pharmaceutical Error Injury
Were You Hurt Due to a Pharmaceutical Error? Discuss Your Case With Our Attorneys
Every year, nearly 100,000 deaths occur because of prescription errors made by pharmacies in the United States. This statistic is according to the latest study conducted on prescription error. Also, almost 1 in 20 prescriptions are filled incorrectly every year as well.
These prescription errors are caused by doctors who make mistakes when writing prescriptions for their patients and also are caused by pharmacists filling the prescription improperly.
Pharmaceutical cases involving errors do not include product liability cases against the drug manufacturer. Pharmaceutical error cases are errors committed by doctors or pharmacists who were negligent in writing or composing the wrong amount and type of drug, the dosage, and for giving wrong information on instructions for taking the drug.
Pharmaceutical error injury cases are no different than medical malpractice claims. Both cases are complex legal matters to take on. In pharmaceutical error injury cases, it is often difficult to determine who exactly is negligent for giving the wrong type of prescription. In these cases, sometimes it is difficult to prove whether it was the doctor or the pharmacist’s fault for the pharmaceutical error. Both the doctor and pharmacist can be litigated in different ways. Bringing a lawsuit against the pharmacist is different than having a case against your doctor or hospital for the prescription error they gave you. In addition, tort reform has changed everything. Tort reform has made it difficult for individuals to seek lawsuits against medical professionals. Because of tort reform, there are very strict conditions that one must meet in order for you to hold a medical professional liable for your injury. If you do not meet the standards of these conditions for your case, then your case will have very little chance of succeeding in court.
The good news is that help is still available. The medical malpractice attorneys at our Law Office have twenty years of experience helping injured victims of pharmaceutical error injury cases. At our Law Office, our attorneys know how to handle cases involving pharmaceutical error injury cases. We know how to handle tort reform as well and know how to meet the challenges of tort reform cases. If you or a loved one were victim to a pharmaceutical error either by your doctor or pharmacist, then contact the medical malpractice attorneys of our Law Office. We will help you seek the compensation you deserve for your injuries and help you seek justice as well.
Pharmaceutical Error Lawsuits
In Texas, a victim of a pharmaceutical error injury can seek compensation for their illness or injuries through a pharmaceutical error lawsuit in Texas. A victim may seek this type of lawsuit if their doctor, nurse, pharmacist, or other medical professional prescribed them the wrong drug or the wrong dosage amount of the drug. Furthermore, pharmacy errors are a form of medical malpractice. Like we said before, tort reform makes it very challenging to pursue legal action against medical professionals. Tort reform was initiated by lobbyists representing the medical field because of all the frivolous lawsuits against medical professionals. There were so many lawsuits that tied up the court system that lobbyists fought hard to reduce the number of lawsuits and the amount by using tort reform. As a result, tort reform had a negative effect on injured victims who had a legitimate claim of medical malpractice. Some examples of how tort reform changed the way lawsuits can be sought against the medical field is when tort reform set a cap on the amount of compensation an injured victim could get with a Texas medical malpractice lawsuit. The cap that tort reform subscribed to is not enough to cover for one’s medical injuries, illnesses, or damages. Because of this roadblock, many medical malpractice attorneys refuse to handle such cases. However, at our Law Office, the attorneys do whatever we can to help make sure you are able to receive the maximum amount of compensation needed in your case. We will make sure that all negligent parties such as doctors, a negligent hospital, and all negligent third parties such as a drug manufacturer, are held accountable.
Another challenge one might face when dealing with a medical malpractice lawsuit in Texas is the standard of proof required in proving your case. The standard of proof that a person was injured because of medical malpractice is very high. This scenario prevents many law firms to reject taking cases dealing with medical malpractice because the attorneys feel they can’t provide this high level of standard of proof needed in order to win a case. It is difficult to obtain the standard of proof needed in a medical malpractice claim because the case requires that one obtains specific, technical information regarding medical experts that work to show how exactly a medical professional was negligent. Many law firms do not have the skills, education, or experience to get the access that is needed on such medical experts. However, our Law Office does have the skill and education to get this information from medical experts. At our Law Office, our attorneys have used numerous medical experts in the past to assist our clients with their medical malpractice claims and their pharmaceutical error injury cases in Texas.
At our Law Office, our attorneys are fearless when it comes to defending our clients against pharmaceutical error injury cases. The medical malpractice attorneys of our Law Office are ready to assist you if you or a loved one suffered injury or illness because of an unsafe drug given to you through a pharmaceutical error. Our attorneys bring you twenty years of experience litigating pharmaceutical error injury cases in Texas. We have helped hundreds of injured Texans get the financial compensation they deserved because of a doctor’s error or pharmacist’s error in prescribing medication and giving it. We are ready to help you with your case and help hold all the negligent parties liable and accountable for causing you harm. Call us today toll-free for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to help answer any questions you may have. Call now! Don’t wait!
Fentanyl Attorney on Fentanyl Pain Patch Recalls
Of all the dreaded diseases that plague our society, cancer is one of the worst. It is a common ailment that people in the United States are stricken with, unfortunately. Most people either know somebody who has been diagnosed with some form of cancer or have been diagnosed with it themselves.
According to the American Cancer Society (ACS) more than a million people are stricken with the dreaded disease each year in the United States. And that doesn’t include the twelve (12) million victims already living with the disease.
It used to be that being identified as a cancer patient, apart from the type of cancer, was no worse than being sentenced to death. But new technology, decades of investigation, and research funds have opened up new treatments for cancer that lead to remission. It’s the next best thing to a cure. Yet with so much focus on inventing a cure for cancer, the researchers have spent very little time on pain management with it comes cancer patients. That’s where Fentanyl pain patches come in. Fentanyl pain patches are used as pain management for cancer patients; nevertheless, the product was recalled because it has been reported as a contributing factor in the deaths of and suffering of many people.
If you are suffering from a leaky Fentanyl pain patch, call the Fentanyl lawyers at our Law Office today. We’re waiting to go over the options for your case. Your family could opt to file a personal injury lawsuit against the corporation which produced the leaky pain patch. But you should call to find out more. Your initial consultation is free.
Researchers say that victims of cancer suffer more than once: They suffer first due to their cancer cells being destroyed in the area of their body where the disease developed, and they suffer a second time because of the unbearable pain most patients experience. Although it’s not common knowledge, most people are living with an undetectable amount of cancer cells somewhere in their bodies. The term “cancer” just means there is the presence of deformed cells in a person’s body. The deformity occurs because most people don’t breathe in enough clean oxygen to help their healthy cells regenerate properly. It can happen when someone lives in a home with asbestos mixed in the building materials or they work in an old building with asbestos in the insulation. Or maybe they live in a smog-filled city and they don’t get enough exercise in the open air. So they don’t get enough oxygen for them to renew themselves normally. Cells that are cancerous also multiply in the body when you eat or drink too much white sugar. Cancerous cells feed on white sugar and it strips away the nutrition trying to replenish our healthy cells. Cancerous cells are unable to live in an oxygen-rich atmosphere. Cancer and oxygen are like oil and water: they don’t mix. The more clean air someone breaths the less cancerous cells can thrive. But when there is a lack of oxygen normal blood cells start to mutate. And those mutated cells start to regenerate. So, most people carry a small amount of cancer in their bodies throughout their lives. And that’s okay.
Cancerous cells will attack different parts of the body. And if it is not quickly diagnosed those cancerous cells start to destroy the organs that it attacks. If it’s colon cancer the patient might have to get a part of the colon removed. If it’s skin cancer the patient might have to get a skin graft. It takes a microscope to see this cellular attack going on. But self-examinations and regular doctor visits can locate unnatural lumps underneath the epidermis. Just because a patient feels healthy today doesn’t mean cancer isn’t growing somewhere undetected in the body.
They say an ounce of prevention is worth a pound of cure. Still, twelve million victims find themselves living with cancer and anxiously awaiting a cure. And that could be considered as a good thing, except the longer patients live with the disease the pain makes it harder for them to operate normally. To help cancer victims withstand their aches, medical researchers have approved and allowed the use of illicit drugs including marijuana, morphine, and Fentanyl in hospitals and by caregivers in hospices. While marijuana is known for its subtle effects, morphine is known as one of the strongest pain killers available. But Fentanyl is one hundred (100) times more powerful than morphine. And now it’s being used to treat cancer patients who are in chronic pain. Fentanyl is even used to deaden the pain of surgery patients and those in the Intensive Care Unit (ICU). The strength of the drug is indicative of the need for closer medical oversight when it is prescribed. But Fentanyl was approved for use in the privacy of patients’ homes. So, pharmaceutical companies created Fentanyl nose sprays, Fentanyl lozenges, Fentanyl inhalers, Fentanyl lollipops, and transdermal pain patches. But the patches have been a problem since day one, leaving more sickness and death in its wake. The Fentanyl patch has a leak in it that allows more of the Fentanyl to seep into the patients’ bloodstream during the three-day treatment than intended. And it could cause patients to overdose and die. Hundreds of people complained to the Food and Drug Administration (FDA) concerning the number of patients who died from using the Fentanyl pain patch. And finally, after a few hundred victims had lost their lives, the FDA forced the drug company that manufactured the Fentanyl pain patch to issue recalls. Needless to say, some of those companies are in litigation over the faulty patch.
If you think your loved one died due to a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call toll-free to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You might also be able to file a class-action lawsuit and join other families affected by this faulty product. But you won’t know if you don’t call. Your initial consultation is free.
Fentanyl Recalls Go Back Years
Fentanyl pain patch recalls have been going on for years. Janssen Pharmaceuticals was the first company to issue a recall in 2004. At first, it was just one batch, called a lot or a group of products. A lot number is attached to every product that is made in bulk. Lot numbers assist manufacturing companies to audit and readily identify their inventory. But after the first batch of pain patches, the FDA and Janssen expanded the recall to include more lots.
Most people would shy away from a product that is plagued by problems. But when a product like Fentanyl brings in millions of dollars company executives are too greedy to turn away from that. So other companies started to manufacture their own version of the Fentanyl pain patch. But the Alza Corporation had to recall 32 million Duragesic patches in 2008 because they too leaked. Days after Alza’s vast recall, another company, Actavis, Inc., recalled fourteen lots of Fentanyl pain patches that it produced. It was the third recall in four years on the same product. Company executives pushed to keep producing the patches despite the problems. Only Alza halted production for a few months. But they resumed production in the summer of 2011. The profits must have been too much for them to ignore.
Fentanyl Brand Names and Alternative Delivery Systems
Like so many pharmaceutical drugs, Fentanyl is sold under different off-brand names. They include:
Abstral, a lozenge that is similar to a cough drop. It’s made by ProStraken, Inc.
Instanyl, a vapor nose spray which is produced by Nycomed, Inc.
Onsolis is applied inside the mouth and is made by Aveva Drug Delivery Systems
Actiq is a lollipop made by Cephalon, Inc.
Fentanyl is sold in different dose measurements with different strengths. Only the patch has been recalled. So if your physician has prescribed a pain patch to help suppress the pain of a cancer patient, call the physician or the pharmacist to get answers. Then if you need to speak with the Fentanyl drug lawyers at our Law Office, do so today. Our firm has more than twenty (20) years of experience litigating these kinds of personal injury lawsuits. If someone you know has been the victim of a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call toll-free to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. But you don’t know until you call. Your initial consultation is free.
The side effects of cancer are bad enough without having to be concerned about the side effects of the drug meant to subdue the pain. Still, some side effects of Fentanyl include:
Rapid weight loss
If the cancer victim has these signs plus seizures and irregular heartbeats, see your doctor immediately.
In addition to the leaky Fentanyl patches, patient advocates complained about what they call the misuse of the Actiq Fentanyl lollipops. These suckers have been prescribed to patients who have no sign of cancer. And some of those patients have been harmed because the lollipops were used to medicate them. This is a classic case of a product liability lawsuit. So if you were prescribed the Fentanyl lollipop and you have not been diagnosed with cancer, call the Fentanyl drug attorneys at our Law Office.
In their effort to make more money some drug company executives blindly jumped onto the Fentanyl bandwagon. They saw their profits more than they saw a way to help cancer patients live more comfortably while living with cancer. So if you or someone you know has been harmed by the negligent behavior of your physician who prescribed the medication or the drug company that manufactured it, it’s your right to file a product liability personal injury lawsuit. The attorneys at our Law Office can investigate your sickness and the medication you might be taking to collect evidence to build your case. But time is not on your side. Call our Law Office today for your free consultation.
Medical Malpractice Lawyer
You Need to Know All of the Facts Before Filing a Medical Malpractice Lawsuit: Talk to a Lawyer FIRST
When the person, staff, or hospital that you have entrusted your care to causes even more harm than the injuries you were being treated for due to negligence, medical malpractice becomes an issue. The responsible healthcare professional or medical assistant should be brought to rightful account for your damages through a medical malpractice lawsuit.
Malpractice can involve birth injuries, dental malpractice, pharmacy injury, or surgical error. And damages can include medical bill payment, pain, suffering, disability if it occurs, psychological harm, and wrongful death attributed to malpractice.
But how to go about winning damages depends on which state in which the malpractice occurred. Recent tort reforms in Texas have made these types of personal injury lawsuits quite challenging to bring against healthcare professionals. They’ve become so daunting and complex that today, many attorneys in Texas now refuse to take on plaintiff medical malpractice cases because of these additional restraints. The medical malpractice lawyers at our Law Office are adept at successfully arguing such cases and stand ready to help in the event you’ve been harmed due to medical negligence.
No matter what the injury or illness, it’s bad enough to have to suffer through it, even under the most favorable circumstances. But when you’re suffering is amplified because your medical professional has engaged in negligent malpractice, your physical and emotional pain is even harsher. We understand that you have a lot of questions in your efforts to find out if your doctor or healthcare professional has been negligent in your care. Some of your initial questions likely include:
Why did this happen and what negligence might have led to it?
Who is responsible for this less-than-professional medical treatment?
Who’s going to pay for this cavalier or uncaring conduct?
How much, and how long will I have to endure this heightened pain and suffering?
Can I be reimbursed for the time I’m losing at work because of this malpractice?
Does this medical professional owe my family for their pain and hardship also?
Did this medical professional kill my loved one, and what are my legal rights?
Do I need an experienced medical malpractice lawyer to help me?
Is there anything I can do to make sure this tragedy won’t happen to someone else?
Every one of these questions is very reasonable when you or suspect medical malpractice. Many times the answers are elusive unless you have the assistance of an adept medical malpractice lawyer. Without one, you have virtually no chance to win the fair compensation you deserve for such neglectful healthcare.
The veteran medical malpractice lawyers and the investigative team at our Law Office can get to the bottom of things. We work closely with third-party medical experts to analyze your malpractice claim and aggressively pursue the paper trail that clearly reveals every medical professional who harmed you. Our investigations will reveal the answers to these questions, while we work on your behalf in order for you to receive the fairest compensation for your damages from your unwarranted malpractice injuries, pain and suffering.
This article will share valuable insight into the often complicated and contradictory world of medical malpractice. We’ll share the tactics that must be considered in order to win such a claim, and the typical challenges to holding all legally liable malpractice defendants fully accountable for their recklessness and negligence, You’ll also attain a better understanding of what doctors, their attorneys, and insurance underwriters of their malpractice coverage will likely do to oppose you. We’ll also make you aware of the difference in outcomes between representing yourself (or hiring an inexperienced attorney) and having a capable, strong legal medical malpractice lawyer to advocate your rightful claims.
Clearly Identifying Those Responsible for Medical Malpractice is the First Step
If you might be the victim of medical malpractice, your doctor is usually the first person you suspect. This person who managed your treatment, or performed the surgery seems the logical choice. But the primary caregiver is only the first step in the investigative chain that can involve many suspects. Medical staff members who administered your drugs or others involved in your care might have a prominent hand in the malpractice that harmed you. But it might not stop there as even on rare occasions, hospital administrators have had to answer malpractice charges.
Malpractice can occur in a number of different ways. Many times, the failure to correctly diagnose or treat a medical condition within a reasonable amount of time can be grounds for a malpractice lawsuit. It’s also possible that several medical professionals may have each unwittingly contributed to your malpractice-related pain and suffering. Any, or all, of the following healthcare professionals can be responsible and could be held accountable for their negligence in civil court. It makes no difference if their involvement was overt or passive, some of the typically responsible healthcare providers who owe you malpractice damages might include:
Your primary caregiver (your doctor)
Any nurse, or specialized hospital technician, who was involved in your care
The hospital or healthcare facility itself
Dentists, dental hygienists, and other dental care specialists
A nursing home attendant
A pharmacist or pharmacist assistant
It makes no difference if these professionals worked alone or in concert, whether each was aware of the others’ negligence or not. If the sum of their efforts resulted in additional injury, to the patient, or created further pain and suffering, the victims of that malpractice can seek damages from each liable party, in proportion to their contribution to the cumulative malpractice injuries. Rare is the instance where medical defendants are not covered by various insurance policies. This is good news because you know the money is there to compensate you. But the downside is that it’s certain that a medical malpractice lawsuit that is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation responsible for paying those damages. And it’s every malpractice insurance company’s job to aggressively challenge all such cases. We’ll speak more about that obstacle in a moment.
Historically, medical malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases that you will find, no matter what state you live in. One reason for this is the simple fact that the medical profession is highly technical, very sophisticated, and is subject to higher than normal standards of liability. Another reason these cases can be so convoluted is that the inclusion of so many liable parties can cloud the issue of actual culpability for your injuries. In short, a lot of finger-pointing goes on between multiple defendants. So laying the proper blame is a very difficult order for your lawyer and his investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a medical malpractice claim without the legal help of an experienced medical malpractice lawyer.
A skilled attorney can locate and retain the ideal medical experts to thoroughly review your treatment records, determine whether your malpractice lawsuit is justified, and then reinforce your claims in court. These forensic experts can also help determine the degree of responsibility of every defendant who was involved in your negligent medical care. And the experienced medical malpractice attorneys with our Law Office have the means and the skill to apply that thorough investigation of your case into an effective and compelling strategy that gives you the best odds to be fairly compensated for your damages.
With over 20 years of experience in personal injury and wrongful death law, including medical malpractice, we can help you identify all responsible parties in your malpractice suit, and effectively assist your quest for fair compensation for their negligent behavior that made your injuries even more painful. We also work hard to make certain they do not repeat their careless actions, and harm other unsuspecting patients.
There are Differences in the Journey to Compensation for Malpractice Damages
As the plaintiff in a civil case, the victim of medical malpractice (or the family survivors if the negligence produced the death of a loved one) bears the burden of proof in any civil lawsuit. You the victim, along with your malpractice lawyer, must prove that one, or several, medical defendants caused your injury. And it is the plaintiff/victim’s responsibility to seek legal action against that liable party. You can’t simply wait around to be reimbursed for it from those who were negligent in your care out of the goodness of their heart. You must force them to pay, either in court or out-of-court negotiations.
The Difficulty of Winning True Medical Malpractice Damages in Texas
All personal injury lawsuits have their unique challenge, depending on the state in which you bring suit. But there are several that are unique to medical malpractice cases in Texas when a plaintiff decides to seek compensation for an injury through a malpractice lawsuit. Probably the most prominent impediment is the limit on the amount of damages that can be awarded in malpractice-related injury lawsuits for your pain, suffering, medical bills, lost wages, and other appropriate damages.
Almost ten years ago under a cause they called “tort reform,” and due to intense pressure by doctors, the insurance industry, and their lobbyists, the Texas legislature passed several laws which together, have clearly tilted the medical malpractice playing field in their favor. Simply put, and with very few exceptions, there are now damage award caps when it comes to Texas medical malpractice civil cases. That means if a doctor is legally liable for $500 thousand in damages, the judgment awarded will be no better than half that amount.
This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.
But in each individual case, “non-economic damages” (such as pain, suffering, lost future income, and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be specific and may not be punitively raised.
Before tort reform, anyone in Texas could sue any doctor, hospital, med-tech, or any other licensed healthcare professional for as much as they wanted and there was no limit to the amount they could collect. But after the Texas Legislature re-wrote the medical malpractice laws, those damage caps ended up benefitting Texas malpractice insurers, at the expense of both the doctors they serve and malpractice victims who have legitimate damage claims.
Negligent medical professionals believe that they owe you nothing unless you legally compel them to properly pay for your damages through a personal injury or wrongful death lawsuit. And in order to force those liable for your injuries to pay you fair compensation, your medical malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played within the following guidelines.
Medical Professionals Owe Their Patients a Very High Legal Duty
When it comes to malpractice, a legal duty is viewed as a “standard of care,” rather than most other legal duties that simply involve standards of behavior. Medical professionals owe their patients a certain standard of care, in proportion to their other healthcare peers. In essence, doctors and all healthcare professionals must treat their patients as others in their same field of specialization would treat theirs. Due to its high level of social responsibility, the medical profession is held to a much greater standard of care/behavior, since healthcare professionals receive years of highly specialized (and very expensive) training. Many go to school for up to 10 years and undergo extremely rigorous certification in order to be qualified to treat patients.
It is hoped that during their training they will also acquire a high level of sensitivity to their patient’s physical and emotional needs during that care. This is why society, in general, expects its medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly diagnose a patient, they must also sympathetically treat their conditions without causing these vulnerable people any further injury or discomfort. It all comes down to the Hippocratic Oath that all doctors must take. It begins with the words, “First, do no harm.”
Any Medical Professional Can Violate Their Legal Duty: Willfully or Inadvertently
Once a standard of care has been legally established in your medical malpractice case, the next plaintiff’s duty is to clearly prove that the responsible medical professional who violated that standard of care is particularly liable for their injuries. A simple example might find that a surgeon breaches the standard of care if he or she operates on the wrong leg, or even the wrong patient (yes, it still occasionally happens). A doctor can also breach the standard of care by prescribing a drug that is known to cause adverse reactions when taken in conjunction with another drug that is already being administered to a patient: or if the healthcare provider is aware that the patient might be more prone to adverse reactions from this particular drug: resulting pain or further pain or injury. In any instance involving prescription drugs, the medical professional must know to avoid these obstacles. And sometimes, the drug companies may share a portion of this liability: though such negligence is commonly pursued through a defective product lawsuit.
But very few people have even the minimal necessary understanding to appreciate, or even know, why a doctor, surgeon, or some other healthcare professional chose to do what they did. This is why expert medical witnesses and other forensic experts must be retained by your medical malpractice lawyer to determine whether or not any healthcare professional has violated their professional standard (duty) of care. These expert witnesses, usually doctors themselves, must have years of similar experience in the same fields of medicine as the defendants in order to be of value to your malpractice claim.
If you seek compensation from an obstetrician accused of malpractice, your expert witness should be another similarly experienced obstetrician. Specialized witnesses properly and accurately determine whether or not a standard of care was violated, by whom, and the degree of that violation. We can help you locate these expert medical witnesses and get them involved in order to clearly prove your allegations that a healthcare professional actually breached their required standard of care. This is vital if your medical malpractice insurance claim or civil case is to be a success.
Informed Consent Does not Universally Protect Medical Professionals from Malpractice
Almost every time before you are seen by a doctor or undergo a medical or surgical procedure, you are asked to sign an informed consent form. They appear to be harmless and on the surface, somewhat educational. But there are some times when informed consent can also serve to protect medical professionals should an accident occur during a procedure or any sort of medical care. Informed consent typically describes the treatment that will be performed, the possible complications, treatment alternatives you and your doctor have discussed, and what may happen if the stratagem of care is not performed as envisioned.
But more often than now, medical professionals might try to use an informed consent document as a blanket defense for anything they do that might later constitute malpractice. They believe this is their “get out of jail free” card for future malpractice liability in the event of a medical accident or some form of negligence that produces a negative outcome after the procedure. Sometimes that defense might work, depending on the circumstances and if the negative outcome might have been unforeseen. But just because you sign a “legal form” doesn’t necessarily make it legal. A patient’s signature on an informed consent document does not universally absolve a medical professional from the negligence to which he or she may be held liable. Nor does it limit the degree of responsibility to which any healthcare professional may be held if malpractice is proven.
The circumstances of a patient’s case, and who was involved ultimately determines the actual malpractice lawsuit defendant. And an investigation of those events establishes the degree both the harm done to the patient and the compensation this plaintiff might rightfully seek from each liable party under the law. Informed consent doesn’t preclude your right to sue a negligent medical professional through a malpractice lawsuit. So even if you’ve signed an informed consent document, it is still in your best interests to seriously contact the medical malpractice lawyers with our Law Office.
Medical Malpractice Cases can be Difficult for Some Civil Trial Juries
No more than a third of personal injury claims actually make it to the courtroom. The rest can be dismissed on a technicality (possibly from the actions of a plaintiff’s inexperienced personal injury attorney) or result in a negotiated settlement between the plaintiff and the defendant(s). In the world of personal injury, trials are the last, and least attractive, option. By then, every avenue to a fair settlement has been exhausted: usually because the defendants and those who represent them resist paying fair damages. So a trial is the only way out. Now we mentioned a few paragraphs ago that in Texas, tort reform damage caps might make insurance companies in malpractice cases less willing to settle. But if the malpractice investigation reveals obvious negligence which is easy to prove, and your damages appear to fall under that cap amount, the odds of a settlement are better. And again, the environment surrounding settlement negotiations is probably more to the advantage of the plaintiff due to the absence of those damage caps.
Malpractice insurers also know that trials cost money and time and if the evidence is against them, it’s an unattractive gamble. So it eventually comes down to what costs the insurer more: losing the case in court (on top of the trial’s cost) or a truly fair settlement amount. So it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope.
Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re picked, these citizens would rather spend a week with their in-laws than being cooped up in a courtroom, listening to a bunch of lawyers argue the merits of your case. It’s hard for them to constantly have to pay attention to minute facts surrounding a technical malpractice case. Plus, malpractice trials involve a lot of boring technical experts who aren’t very engaging when explaining complicated things with polysyllabic words that are hard for some jurors to understand. We’ve seen jurors “rest their eyes” a few times. And once or twice we’ve even heard a juror quietly snore.
The ambiguity of juries alone is enough to explain why a trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of malpractice cases even see the inside of a courtroom: much less go to a jury. Yes, the longer the legal argument goes on between plaintiff and defendant, the more appealing that fair settlement looks to both sides.
Smart Plaintiffs, Enlist an Experienced Medical Malpractice Lawyer to Represent Them
As you have seen, medical malpractice lawsuits are very complex and pose too many obstacles for a victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of information that must be investigated, and then presented that proves your claim is a huge burden. The crucial ability to identify and leverage expert medical witnesses, not to mention the skill to see a medical malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, as well as the of many law firms that do not specialize in personal injury.
We hope you don’t learn too late that you should have hired a capable malpractice lawyer after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance. It’s one-and-done, no matter how things turn out. So we do have some valuable free advice for you, regardless of what malpractice lawyer you hire.
Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer.
Our Law Office can quickly apprise you of all your legal options and the best course to recover the rightful damage compensation for all harm done to you due to every negligent defendant who performed malpractice. Once your medical malpractice lawyers with our Law Office are on the case, we will:
Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your medical malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert medical witnesses to testify on your behalf.
Deal with all communications with all involved parties, compose, receive and manage all correspondence. In other words, we take care of ALL the paperwork.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies, and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.
We want to help you receive the compensation you need for your recovery, and hold every negligent healthcare professional responsible for their behavior. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a malpractice claim, we can share the actual merits of your case and outline the steps that we need to take together in order to realize success.
Our Law Office has over 20 years of experience in calculating, then proving the correct amount of damages done to our malpractice clients, in addition to aggressively representing them against negligent healthcare professionals, their insurance companies, and the powerful lawyers who represent them. If you have suffered injury or illness as the result of medical malpractice, contact the medical malpractice attorneys at our Law Office for a free and confidential legal consultation.
Don’t let those you trust the most, your doctor or another healthcare provider, harm you even more than they already have by remaining silent about their malpractice. Stop being a victim if a healthcare provider has treated you with neglect. If you won’t, who will?
Attorney Discusses Dental Malpractice
When most people hear the term “medical malpractice” they immediately think of accidents that involve doctors or surgeons. While these medical professionals indeed do account for many medical malpractice cases, they certainly still only account for a portion of all the cases initiated each year.
Negligent dentists can also be sued for causing injuries to their patients. In fact, not only can a dentist be held liable but so can any person working in a dentist’s office who shares liability for causing a patient injury. This can include the dental hygienist, dental assistant, anesthesiologist, oral surgeon, or pharmacist… basically, anyone responsible for causing harm to you or to a loved one.
The attorneys at our Law Office have had over two decades litigating medical malpractice cases. We have written this brief article to review for you the basics of dental malpractice law and to discuss your legal rights.
What Are the Main Causes of Dental Malpractice?
While there are a wide variety of reasons that may cause dental malpractice, here is a list of some of the more common ones:
The correct treatment is not provided by the dentist in a fast enough time.
A dental professional incorrectly diagnoses a medical condition.
A necessary follow-up exam is not provided.
Errors are made in prescribing medications.
If these or other types of errors have occurred and injuries have consequently resulted, then a dental malpractice lawsuit may be filed against the negligent parties. Because there may be more, less obvious causes for a dental accident and because these cases are technically complicated and full of medical jargon, it is wise for a victim to contact an experienced attorney, such as the lawyers at our Law Office. We have the experience and the knowledge to overcome the many challenges present in these types of cases.
How To Prove a Dental Malpractice Lawsuit
In order to win a dental malpractice case, you must be able to prove that four different events occurred.
The defendant violated a legal duty that was owed to the plaintiff. To put this more simply, the dentist owed you the legal duty not to cause you any harm; he or she then violated that legal duty by causing you an injury.
The defendant did not live up to a reasonable standard of care in his treatment plan; this standard of care is established by other similar medical professionals, in this case by other dentists engaged in similar types of dental practice.
Your injury was directly caused by the negligence of the defendant.
Your injury resulted in damages. Damages may include medical or dental bills, lost wages because of hospitalization or inability to work, loss of future potential earnings, and compensation for pain and suffering. In other words, let’s say that a dentist broke your jaw during a standard procedure; the injury would be the broken jaw, while the damages would be the financial losses that you incurred because of that broken jaw.
Expert Testimony for your Case
Since dental malpractice cases involve so many complicated technical and medical issues and terminology, there is often a need to bring in what is referred to as “expert medical witnesses.” These are dental professionals with outstanding credentials and resumes who can testify on your behalf and who can explain the cause and type of injuries that you suffered in clear, easy-to-understand language to the judge and the jury. It can be, however, very difficult for some law firms to locate and procure these types of witnesses; many times a dental professional will be reluctant to testify against another dental professional. The attorneys at our Law Office have been litigating these types of cases for over two decades and we have built up excellent relationships during that time with dental expert witnesses throughout Texas.
Tort Reform and Medical Malpractice Lawsuits
Recent legislative changes have made things even more difficult for those injured by a dentist to receive fair compensation for their injuries. Ostensibly passed in order to protect doctors and dentists from frivolous lawsuits, these tort reforms have raised the standard of proof very high; if one piece of corroborative evidence is missing in a case, or if the new procedures are not followed exactly, there is a good chance that the case will simply be tossed out. This is no arena for the novice lawyer let alone for a non-attorney even thinking of attempting self-representation. In fact, many law firms consequently will not even take on these complex cases today. The attorneys at our Law Office are different. We believe that anyone who has been injured because of dental malpractice deserves to seek fair and full compensation from those liable for the injuries. We know how to procure expert witness testimony and we know our way around all the new tort reforms. Put our knowledge and expertise to work for you!
How We Can Help You
The attorneys at our Law Office have been successfully litigating dental malpractice lawsuits for over 20 years. During that period of time, we have won millions of dollars for our Texas clients from major insurers nationally. These huge insurance companies are only too well aware of our outstanding reputation and today are often eager to seek to settle out of court rather than face our aggressive and tenacious attorneys in front of a jury. This can be beneficial to you since it will cut down the amount of time that you will be involved in the whole legal process and also can mean receiving your settlement more rapidly. This, in turn, will allow you to return to your regular way of life more rapidly.
If you or a family member has been injured in a dental accident contact the attorneys at our Law Offices today (toll-free). We are pleased to offer a free consultation and we are available 24 hours a day. We look forward to discussing your case with you and to answering all of your questions.
Nursing Home Abuse Attorney
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 our nursing home abuse attorneys for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. But as married couples spent more time away from home working, nursing homes and daycare 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 the cost of the 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 our nursing home abuse attorneys 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 homes 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 its part to 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. But 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 are 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 which 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. Attorney 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. But the nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact our Law Office today. The call is free as is the initial legal consultation.
The Informed Consent Document
Texas Medical Malpractice Lawyer, Discusses 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. The 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. But 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 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 the 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.
Misdiagnosis & Failure to Diagnose
Can I File a Medical Malpractice Lawsuit in Texas for Misdiagnosis or Failure to Diagnose?
Every year, hundreds and thousands of patients visit their doctors in order to do their routine medical checkups or visit their doctors when they are sick or not feeling well. Everyone puts a lot of trust in 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 conditions 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 of 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 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 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 the high standard of proof that is required by law in medical malpractice lawsuits. For the past 20 years, the attorneys at our Law Office 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 that 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 attorneys are devoted to helping injured Texans 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 excellent 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 toll-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.
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 nursing malpractice attorneys of our Law Office 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 toll-free 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 of 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
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, toll-free. 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.
Pharmaceutical Error Cases
Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error
All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely expire annually because of pharmaceutical mistakes or pharmacy misjudgment.
Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.
If you have suffered an injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you to understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.
How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:
The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger; In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.
Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.
Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.
We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.
Our attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today toll-free for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.
Attorney Discusses Surgical Malpractice in Relation to Surgeon Error
We all would like to believe that we can safely place our trust in the hands of our doctors. 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 to 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 in attempting to represent himself 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 may be reached (toll-free) 24 hours a day. We want to help you receive the compensation that you deserve as well as to punish those responsible.
What Legal Options do You Have if You Have Suffered from Birth Injuries?
Giving birth is a significant time in the life of a parent. Sometimes, however, the joy of bringing a little one into the world is marred by birth injuries suffered while delivering the baby. Not only do you have to deal with the birth injuries, you probably have some serious questions, as well.
Who or what caused the injury to occur? What long-term effects will the birth injuries have on the child’s future development? What can I do legally? Is a medical malpractice lawsuit in the best interest of myself and my child?
Lawsuits pursued due to birth injuries are one of many types of medical malpractice lawsuits. These cases can be very complicated and are usually beyond the abilities of inexperienced attorneys or the average person. Our Law Office has 20 years of experience, during which we have helped many people with cases of birth injuries. We want to help you receive financial reimbursement for the pain and trauma that you have experienced.
Types of Birth Injuries and What Causes Them
The following is a list of a few of the types of birth injuries caused by negligence and medical malpractice:
Klumpke’s Palsy – paralysis of the child’s hands and forearms
Cerebral Palsy – injury of the brain often causes this motor condition, leading to the impairment of movement
Erb’s Palsy – this occurs when the shoulders and upper arms of the child are paralyzed. It is a type of Brachioplexus Palsy and can be caused by pulling excessively on the shoulders during delivery.
Brachioplexus Palsy – this can lead to paralysis of the child’s whole arm due to spinal nerve injury. It occasionally results from a forceps delivery.
Shoulder Dystocia – this happens when the head is delivered a long amount of time before the shoulders. This condition can then lead to Erb’s Palsy or Brachioplexus Palsy.
What Makes Birth Injury Lawsuits so Difficult to Pursue?
Tort reform has rendered medical malpractice lawsuits ever more difficult to pursue. The original purpose of this tort reform was to shield doctors from inconsequential charges against them. Thus, the standard of proof necessary to make a case for medical malpractice has been increased. This can present difficulties for those who have suffered birth injuries due to medical malpractice to receive appropriate compensation for their suffering. One result of this has been that many personal injury attorneys will no longer consider taking these cases, as they are so difficult to win.
Our Law Office has 20 years of experience fighting for families. We have experience dealing with these cases before and after the change in the laws. We have the knowledge necessary to build a rock-solid case against negligent medical professionals that result in birth injuries.
The process of giving birth can be incredibly complex. The tiniest blunder can lead to devastating birth injuries. Due to these factors, proving that negligence resulted in birth injuries requires an experienced attorney. Some of the key components of a successful birth injuries lawsuit are the testimony of expert witnesses, assessment of the birth injuries sustained by the child, and inquiring into the circumstances of the delivery by asking the medical staff questions. Our Law Office has the expert witnesses you need to make sure your case is strongly constructed.
If You or Your Child Have Suffered from Birth Injuries Due to Medical Negligence, our Law Office Wants to Help You
Our Law Office has the benefit inherent in twenty years of experience necessary to help you if you have suffered from birth injuries. We are familiar with the necessary components of a successful medical malpractice lawsuit. We know how complicated such cases can be, and we are committed to taking the time and making the effort needed to win them. We want to make sure that those medical practitioners whose negligent behavior resulted in your child’s birth injuries are held liable for the suffering they have inflicted. Our proven track record of winning settlements of millions of dollars for our clients is known to the insurance companies, adjusters, and their lawyers since we have faced every major insurance company in the country. We are often able to negotiate fair settlements for our clients without even having to bring the case to court since the insurance companies frequently wish to avoid the hassle of a court case. In the event that a settlement agreement is not reached, we are willing and able to take the case to court to resolve the dispute. If you are dealing with the aftereffects of birth injuries caused by medical malpractice or negligence, give us a call toll-free for your free consultation. We can provide answers to your legal questions and inform you of the steps we can take to help you.
Defective Tire Lawyer
Our Attorneys Can Help You Recover Following a Car Accident Due to a Defective Tire
Some people might say the most important part of a car is the engine. Others might argue it’s the transmission, while still others may claim it’s the braking system. But it’s hard to argue that, from a safety standpoint, the most vital component of a car is the tires. After all, it’s the only part of the vehicle designed to come in contact with the road. If you have any sort of problem with your tires, a devastating accident can occur that can change your life and the life of those in other cars you may come in contact with.
Automobiles that suffer a tire blowout while cruising at 60 miles an hour or faster on the highways can cause massive injuries or even death. Any property damage that may take place can also be significant.
From a legal perspective, there are many varieties of automobile accidents. Those that involve a rollover are typically caused by a blowout of a defective tire. This type of accident differs in several ways from other kinds of truck or car wrecks, so they are litigated in a somewhat different fashion than “normal” car accidents. You should enlist the assistance of a defective tire lawyer who knows the subtleties and intricacies involved in rollover accident litigation so that you have the best chance possible for getting just restitution for any losses you incur as the result of such an accident. Doing so will not only give you the best chance at obtaining fair compensation, but it will also hold responsible those who played a role in causing it.
Rollover accidents differ from typical car wrecks due to the extent of property damage and injuries that can occur as a result. Many times, debilitating injuries and deaths are commonplace in this kind of occurrence. It is imperative that you have a seasoned accident liability attorney on your side because many insurance companies will try and make you an insulting settlement offer. Others will try and flat-out deny your claim. You not only need to employ the services of a defective tire lawyer, but you also need to do it quickly. If you hesitate, you will likely be unable to combat the efforts of the insurer to deny your claim. Plus, there are many other nuances of rollover accident litigation that make it almost impossible for someone with limited or no legal experience to win. An experienced attorney can help you win your case and get you the just compensation you deserve for the injuries and expenses you’ve incurred as a result of the accident.
The Difference Between Rollover Accidents and Other Automobile Accidents
Normally, there are significantly more potentially responsible parties concerning a rollover accident than there are in the typical car wreck. When defective tires are the cause of the rollover, the tire manufacturer could be partly to blame. There is also the chance, however, that the tire or tires failed because of several combined factors. Some of these factors include:
Inadequate mounting or installation of the tires, either at the time the car was purchased or during maintenance by a mechanic or other automobile service technician.
The tires might have been inadequately maintained.
The tire that was mounted to the car may not have been appropriate for the car’s specifications. If this proves to be the case, the car’s manufacturer, or the dealer or individual who sold you the car, could bear a portion or the entirety of the liability.
There are many other factors that could have played a role in causing the rollover accident. All potential factors must be considered, and then the appropriate degree of liability has to be assigned to each responsible party. In order for this to be possible, a very thorough investigation of every single factor that might have contributed to the failure of the defective tire has to be examined in detail.
In the early 2000s, there was a high-profile investigation involving a rash of Ford Explorer rollovers that were blamed on Firestone tires. The media interest, in this case, was intense, and many outlets pointed an accusatory finger at Firestone. However, the ensuing investigation found that no one reason for the rollovers could be determined. Rather, there were several different liable parties. First, the investigation determined that the Ford Motor Company had done an inadequate job of establishing tire specifications for Explorers, resulting in the mounting of mismatched tires on the vehicles. After the vehicles were brought to market, several other factors combined that led to the rollovers, such as improper maintenance and inaccurate tire inflation specifications. This story is an example of how several entities responsible for the design, selection, manufacture, installation, or maintenance of tires can share blame and liability for a rollover accident that leads to an injury. Thorough investigations, however, can result in the vehicle manufacturer also being held liable. The following is a list of a few of the causes of the Explorer/Firestone rollovers that were applied to Ford and can be assigned to other vehicle manufacturers in the event of a rollover accident. Some of these include:
Design of the suspension of the vehicle in terms of its rollover resistance when empty or loaded.
A vehicle’s crashworthiness. Some vehicles are better at protecting occupants in the event of a rollover crash than others. There are some instances where a car’s seat belts proved to be malfunctioning at the time of a rollover.
The effectiveness of supplementary safety equipment like airbags can sometimes come into question.
There are a variety of other factors that can often be uncovered once a detailed investigation of a rollover accident is concluded.
Tires are Built to be Durable, but that Doesn’t Mean they Always Are
The advanced technology found in today’s tires makes them a lot more complex than you may believe. Many people think of a tire only as a balloon made of rubber that keeps your car in contact with the street. A tire, however, is a lot more than just a round piece of rubber with a hole in the center of it. Tires are a critical component of any type of motorized vehicle, and they are made up of a wide range of materials that are combined through the process of vulcanization, otherwise known as heat treatment. Not only do they have a complex molecular structure, but there is also a lot more going on inside a tire than you might think.
The next time you’re riding down a highway, or on a side street filled with potholes, give some consideration to your tires. Dealing with potholes is extremely rough on a tire; factor in the wear and tear you put on your car’s tires when you have to brake suddenly, or you suddenly have to swerve, and it will become apparent to you just how hard it is for a tire to do its job. But if a tire is properly manufactured and maintained, it is extremely durable and performs in a magnificent fashion.
Typically, a vehicle contains four springs that are the main components of the suspension system. Your four tires are often grouped together and known as the “fifth spring” because they absorb and release energy. The following portion is a bit technical, but bear with us; this information is important to understanding just how your tires operate. Your car’s suspension has springs that have a fixed spring rate; your tires, however, do not. If a tire is performing the way it should and is in good shape, it’s said to be acting like a “good spring.” Tires performing in the right manner keep your car from rolling, to lean, or “yaw” when you take a corner or make a lane change. Defective tires, on the other hand, perform in the manner of a “bad spring.” When this happens, the handling of your car can be affected in a significantly negative way. When you make a turn or change lanes on bad tires, you may feel that your car seems “soft” or “mushy,” especially if you have to make a quick action like swerving to avoid something in the road. If your tires feel this way, your car may be much more likely to experience a rollover.
The point at which your tires come in contact with the road is referred to as the “contact patch.” Due to the weight of your vehicle, the tires become pressed into a flat spot at the contact patch. Tires bend at the edges in reaction to a road’s surface. As that occurs, the part of the tire that contacts the road becomes flat instead of round. This causes compression energy that is released into your tires in the form of heat. It’s a function of basic physics – energy released in this manner turns into heat. And in your tires can be found an extremely large amount of heat.
The heat generated by compression energy combines with other forms of heat generated by friction. Combine this heat with, say, cruising down the freeway on a 105-degree day, and you get even more heat your tire has to endure. All of this heat can significantly alter the structure of your tires. We all know how hot it can get in Texas on a summer day. After you drive around for an hour or so on one of those blistering days when you get back home touch one of your tires. It’ll take a fraction of a second to pull your hand away because it’s almost like touching a hot oven surface.
This slice of Tire Physics 101 was brought to you because it’s important for you to realize the various characteristics possessed by tires, how they are designed for durability, and how inadequate mounting or maintenance can result in defective tires. All of these factors, in conjunction with the possibility that the tires attached to your car might not conform to the manufacturer’s specifications, and you can see how easily a rollover accident can occur.
Think about all of the torture your tires have to endure, and then think about the fact that tires are the only part of a car designed to come in contact with a roadway. Those contact patches only average a mere four cubic feet. Think about all of that, and hopefully, you’ll begin to get a clear realization of just how vital your tires are to the safe handling of your vehicle. The manufacturer of your car is charged with the immense responsibility of conducting incredibly detailed research in order to accurately identify the correct type of tire for that particular automobile. Quite a few rollover accidents have been caused by manufacturers establishing inadequate tire specifications for the car involved. This could very well have been the case regarding your accident.
Complications Involved with Defective Tires and Rollover Accident Cases
Rollover accidents that occur due to defective tires usually begin as product liability litigation. To be successful in this kind of a case, you (known as the plaintiff in legal terms) and your attorney must satisfy the burden of proof in compelling a judge or jury to believe that either one entity or a combination of several entities committed negligence and caused the accident. These potentially responsible parties can include the automobile manufacturer, the company that manufactured the tire, and anyone who performed maintenance on your car’s tires. This can be the mechanic at the small shop around the corner or the technician at the big automotive chain store. More than likely there will be a significant number of defendants in your case, which will make it extremely complicated. That’s one of the many, many reasons why it is critically important for you to have an experienced defective tire lawyer working on your behalf to protect your rights and help you obtain the just compensation you deserve for the injury you’ve experienced and the losses you have incurred as a result.
It was mentioned previously that rollover accidents can cause debilitating and disabling injuries some people have to deal with for the rest of their lives. And, these kinds of accidents can also be fatal. The stakes in these kinds of cases are high, as well as the emotions, considering the multiple numbers of defendants and all the intricacies and complexities surrounding the case. As a result, the process can start out as professional and cordial, and then quickly devolve into contentious and stressful litigation.
The defective tire lawyers with our Law Office, when hired, will immediately begin a painstakingly detailed investigation of your accident. Physical evidence at the scene of an accident can be quickly altered, so it is vital that you hire a lawyer as fast as you possibly can in order to preserve the evidence necessary for you to win your case.
Part of this investigation is comprised of detailed research into the history of both your tires and your automobile. Experts who know tires and the nature of rollover accidents must be consulted; anyone who worked on your tire has to be identified and interviewed. There are several forms that have to be completely and accurately filled out. Motions have to be filed and argued. And this all has to take place just to eliminate the parties that did not play any role in the accident so that justice can be pursued against those that did play a role.
As hard as your legal team will be working to get you the restitution you have coming, you can bet the opposition will be working just as feverishly to deny your claim. There will likely be several defendants in your case, and they will all view you as the enemy. Because of this, they will combine forces in an effort to defeat you. They will compare the vast array of notes they have taken and seek out any potential weak spots in your case. They will do whatever is necessary to assemble the most formidable defense they can. This is where the experience of our Law Firm can help you the most. We have tried many cases involving rollover accidents caused by defective tires, and we are extremely familiar with all of the intricacies and complexities involved. And we can also handle all of the tricks and tactics the opposition will employ in an effort to destroy your case.
Damages in a Defective Tire Rollover Accident
It’s important to note that the term “damages,” from a legal perspective, doesn’t mean actual damage to a person (like a broken arm) or to damage (like a broken windshield). Rather, it refers to the monetary value assigned to whatever losses you may have incurred. From a legal standpoint, there are two types of damages recognized by law in the State of Texas when it comes to cases involving personal injuries. They are general damages and special damages. General damages do not come with a set financial value; they are variable and, to some degree, somewhat a matter of opinion. There are myriad examples of general damages, but a few of the more familiar ones are pain and suffering, mental anguish, physical impairment, injury to the plaintiff’s reputation, and disfigurement.
Here is one example of the subjective nature of general damages. Think about a rollover accident where two victims are involved, and the vehicle they are in explodes as a result of the accident. Both victims experience significant burns, but one of the victims is knocked out during the wreck. The unconscious victim was burned just as badly, but he did not suffer the incredible amount of pain experienced by the other victim. Both victims suffered the same extensive injuries, both with incur about the same amount of medical expense to treat those injuries, and both will have to undergo the same kind of physical rehabilitation. But they experienced a different level of pain and suffering as a result of the explosion – obviously, the victim who was not knocked out went through a lot more agonizing pain than did the one who was knocked unconscious. As a result, there will probably be a significant difference in the amount of monetary damages to which each victim will be entitled.
General damages are also subjective because everyone goes through experiences in a different manner and are affected in different fashions by different occurrences. To illustrate this, consider the case of a 19-year-old model who has just started her career. She suffers major cuts to her face because of a rollover accident; the scars that will eventually result from those cuts will be with her the rest of her life. In her case, she would be much more affected by being disfigured than would a 50-year-old janitor. Many people don’t care about how other people think about the way they look. On the other hand, many other people care a great deal about how people judge their appearance. There are other instances where a person’s reputation could be injured, and a lot of people find damage to their reputation just as traumatic as a disfiguring injury.
Special damages, on the other hand, are also called economic damages and are much more tangible. They have a specific monetary value attached to them. Examples of the many variations of special damages include past, present, and future medical expenses, lost wages, the loss of present and future earning capacity, property damage, and court costs.
Here’s a scenario of special damages. A 40-year-old carpenter is a plaintiff in this case, and let’s say he makes $60,000 a year. However, he had to have an arm amputated as a result of injuries he sustained in a rollover accident that was caused by a defective tire blowout. The job of a carpenter obviously requires an immense amount of work that can only be performed with two healthy arms, and this man can’t perform his job any longer. He spent years developing his craft, and he can’t do it anymore. He probably would have stayed in the profession another 25 years, give or take, so he will lose a huge chunk of potential earning capacity. By law in Texas, he has the right to try and collect $1.5 million in damages due to the loss of his potential future earning capacity. This amount will be added to any other specific or general damages involved with his case.
There is a huge difference, however, between being entitled to pursue damages and proving in a court of law that you deserve them. Convincing a significant number of defendants to give you a fair settlement so that all parties involved can avoid a trial is an entirely different matter. You have no guarantee that you will be successful in your case, and that is especially true if you don’t have the experienced defective tire lawyers of our Law Office working to get you the compensation you deserve.
Legal Avenues in Fatal Rollover Accidents
It takes a significant amount of experience and sophistication in order to properly determine and calculate the amount of damages a plaintiff is entitled to seek in a personal injury or wrongful death lawsuit. Experienced attorneys know how to properly appraise a case and maximize the amount of compensation an immediate family member or surviving spouse can attempt to obtain by pursuing wrongful death litigation.
There are basically two reasons for wrongful death lawsuits. The first is an attempt to garner just compensation for the loved ones of the deceased accident victim, and the second is to attempt to prevent a similar accident from occurring in the future by compelling those parties whose negligence led to the accident to change their policies and procedures. Civil law in Texas states that a defendant can, through a civil lawsuit, be held financially responsible for a death, even if the defendant is not found to be legally responsible for the death. If a party is facing criminal charges associated with a death, a civil lawsuit can also be filed against that party.
Sometimes, while conducting an investigation regarding civil litigation in wrongful death, our lawyers uncover evidence that suggests the death was not due to an accident, but rather due to the intentional, malicious actions of another. When this is the case, we can file criminal litigation against that party. But the majority of the time any monetary damages we obtain for our clients are to attempt to ensure the negligent actions of these parties never again occur.
The surviving family members of a loved one who died as the result of a rollover accident caused by a defective tire can seek the same kinds of damages that can be pursued by those who survive an accident. These damages can be in addition to the harm that may have been experienced by family members who survived the same accident. The amount of these damages are applied directly to the monetary value given to the harm that led to the death of the loved one, pain and suffering experienced by the family, and the value of the deceased’s lost income. Family members of a lost loved one can usually pursue both wrongful death and survival damages in wrongful death litigation.
The State of Texas allows, in this order, spouses, children, parents, and, in certain cases, dependent siblings to seek to obtain wrongful death damages in most vehicle accident cases. Such damages may include medical expenses incurred by the family member prior to his or her death, funeral expenses, the loss of consortium and unique familial love, mental and emotional suffering, and potential future financial support the lost loved one would have provided to his or her family. The closest living relative is the only one entitled to pursue the same type of damages the lost loved one would have been entitled to pursue had he or she survived the accident. The first family member who can seek survival damages is the spouse. If there is no spouse (usually, ex-husbands or ex-wives are not allowed to pursue survival damages), then the children have the right to file. If no living children exist, the right then shifts to the victim’s parents, and then, in rare instances, the brothers or sisters of the victim.
Medical bills and lost wages the victim would have incurred had he or she survived the accident are two examples of survival damages. Others include emotional or mental trauma the victim would have experienced had he or she survived, physical pain and suffering and lost future earnings due to any possible long-term injuries.
The only manner in which those whose negligent actions resulted in the death of your loved one can be held accountable for those actions is through wrongful death litigation. This kind of litigation, however, is normally extremely intricate and complex, due to the fact that the laws that govern these kinds of cases normally overlap. This is yet another reason you should think strongly about seeking the help of an experienced defective tire lawyer to assist you in getting the just restitution both you and your family have coming.
A Financial Recovery from a Rollover Accident Shouldn’t Take as Long as a Physical Recovery
We have strived in this article to stress that litigation involving rollover accidents that occur as a result of defective tires can be extremely complex, and, the vast majority of the time, only an experienced and skilled attorney can hope to win. If a rollover accident has resulted in an injury to you, you can’t hope to take the hundreds of hours it will take to launch and conduct a detailed investigation of the accident, to negotiate a fair settlement with multiple defendants, and win a case if you can’t reach that fair settlement. There’s just no way you can do it; you shouldn’t even consider trying to take this on.
The attorneys with our Law Office stand ready to help you pursue a fair amount of compensation in order to help you fully recover from a rollover accident. By removing the burden of pursuing litigation from your shoulders, we:
Help you to concentrate solely on healing both physically and emotionally from the trauma associated with your accident by assuming the often overwhelming aspects of legal action.
Shield you from the overly aggressive tactics insurance companies, and their legal representatives often employ in order to reduce or eliminate the money they might have to pay out.
Conduct a painstakingly detailed investigation of the accident and gather evidence (both photographic and video if available); identify, locate and interview witnesses, sequester the vehicles involved and thoroughly inspect them, read police reports, and gather forensic evidence and catalog it so that it will be admissible in court.
Help you find affordable medical attention if you either have no medical insurance or are underinsured.
Attempt to negotiate a fair out-of-court settlement on your behalf, but at the same time prepare your case as if it will go to trial, whether it does or does not make it that far – the stronger your case, the larger any potential out-of-court settlement will be.
Our lawyers have an extensive amount of experience in rollover accident litigation, having won thousands of personal injury cases over the last two decades. We are determined to get each and every one of our clients the just compensation they deserve for the suffering they have needlessly incurred because of the negligence of other responsible parties.
You can act as your own lawyer in a rollover accident personal injury lawsuit, but it is never, ever advisable to attempt it. It is not sufficient to just have legal acuity to be successful in an automobile accident lawsuit – and it definitely takes a vast amount more than an Internet search in order to win a case.
All attorneys have a large amount of classroom education. However, it takes years of experience in a courtroom in order for an attorney to learn how to litigate. Lawyers must be intimately familiar with each and every detail involved with deposing witnesses, investigating accidents, and following court procedures to the letter.
If the plaintiff attempts to navigate this incredibly complex legal maze without legal help, you can pretty much guarantee that plaintiff will commit some sort of procedural error that will lead to a judge throwing out the case immediately, with no chance of ever reviving it. Those who represent insurance providers in rollover accident cases are jubilant when they encounter a plaintiff without legal help, because they are convinced they will defeat such a plaintiff with little trouble.
Further highlighting the necessity of legal representation is the fact that an attorney with a proven track record of winning personal injury lawsuits will have a huge impact on your ability to get fair compensation without the need for a trial. As stated previously, the main goal of an insurance company is to protect its profits, and we can use that to your benefit. Attorneys with our Law Office have won thousands of personal injury lawsuits, defeating every major insurance provider in the United States and obtaining millions and millions of dollars in compensation for our clients. We can do the same for you. When an insurance company knows we’re in your corner, they’ll reconsider the wisdom of taking us on in court. As a result, they will significantly increase their settlement offer. And we do all of this on your behalf, as you recover from the emotional and physical trauma you’ve suffered as a result of your accident.
You simply have to have a defective tire lawyer working on your behalf to protect your rights – a lawyer with a reputation for winning these kinds of cases, and one who knows all the intricacies and complexities involved, and how they all work together.
By employing the help of an experienced attorney, and both you and your attorney have determined that your injury entitles you to take legal action, you must know that those on the other side – the negligent parties, their insurance providers, and their team of legal representatives – will already be hard at work trying to deny your claim and to keep you from obtaining the fair restitution you have coming to you. Whatever they can do to avoid any responsibility for the rollover accident that resulted in your injury or the death of your loved one, they will do. The multiple defendants in your case will work in concert to make sure you do not win your case. There are many potential avenues of obtaining the compensation that you can take; getting the help of a skilled and experienced lawyer is the biggest step you can make toward ensuring that all of the negligent parties responsible for the accident are identified and held totally accountable for your injury or loss of your loved one.
How We Can Assist You in the Event of a Rollover Accident
The defective tire lawyers with our Law Office have been helping victims of rollover accidents, as well as their families, for 20 years. If you or a loved one have experienced suffering as a result of a rollover accident caused by a defective tire or tires, please call us just as soon as you possibly can (toll-free) for a confidential and free consultation. If you have experienced the tragic loss of a family member as a result of a wrongful death stemming from this kind of accident, please give us a call so we can inform you of how we can help you in a wrongful death lawsuit. We will gladly answer any questions you may have regarding the specific details of your case, and tell you how we can help bring you some peace of mind and assist you in moving forward with your life.
Has Your Child Been Injured Due to a Defective or Faulty Crib?
We all believe that our children are the most important things in our lives. Consequently, we all would like to believe that any products marketed for use by our children would be made with that same overriding concern for their safety.
The reality, however, is quite different; defective cribs, for example, come on the market more often than we would like to imagine and have the capacity to seriously harm or even fatally injure our children.
Contact the empathetic attorneys at our Law Office if your child has been injured or killed as a result of a defective crib, for you well may be eligible to file a product liability lawsuit. After all, you deserve compensation for the damages done to you and your family; plus, you deserve to see justice done to those negligent parties who were responsible!
Product Liability Lawsuits
Depending on the details of the situation, product liability cases may take on many different forms. A manufacturer may be held accountable in the case of a defective baby crib that consequently causes injuries or fatalities. In this case, you may file a lawsuit requesting a fair settlement because of the manufacturer’s negligence.
You may still be able to hold the manufacturer responsible even if the crib was designed properly and a child was injured in that crib. Manufacturers are responsible for their products and any injuries sustained from them under the statutes of strict liability. The manufacturer in this case would bear responsibility for the product as the producer although not because of any unintentional negligence.
The Stockcraft Baby Crib Incident
A report released from the United States Consumer Product Safety Commission stated that more than 2 million Storkcraft baby cribs were unsafe and had to be recalled. The culprit, in this case, was the hardware that held the crib together; it proved to be defective, thus allowing the crib sides to come off. Over the 16 years that these cribs were jeopardizing children’s lives there were at least over 100 reported injuries throughout America.
This is not an isolated incident. The Stockcraft baby crib recall is but one example of the dangers that exist because of a defective product that can injure our children.
Our Law Office Can Help
You will need an experienced attorney on your team if you are going up against a large national or multinational manufacturer. Our attorneys are ready to take on the army of lawyers that these huge manufacturers will field in order to avoid paying out a settlement. We can not only help you seek full and fair compensation for your pain and suffering but also for medical bills and other damages that you suffered as a result of your child’s injuries. We will fight for the justice that you and your child deserve!
If your child has been injured because of a defective crib or if you have lost a child because of a crib defect accident, please do contact the attorneys at our Law Office today. We may be reached toll-free We are pleased to offer a free consultation and we are available 24 hours a day. Our attorneys look forward to discussing your specific case with you and to answering all of your questions.
Have You or a Family Member Been Injured due to Defective or Faulty Fireworks or Firecrackers?
Although fireworks can be fun on festive occasions, they also may be very dangerous. Each year over 15 people are killed in fireworks fatalities and another 50 are injured when these explosions go awry.
In addition to these physical injuries, there is an estimated $15 million per year in property damages that occurs as well. Fireworks injuries can occur from both the defects that may be inherent in the explosives or from the fires that they may start. An injury from fireworks can result even from properly designed and correctly detonated consumer-use fireworks.
People injured in fireworks accidents have a wide variety of options if they are injured; accordingly, it is best to have the assistance of an experienced personal injury attorney to help decide what the best next step might be. The attorneys at our Law Office have put together this brief article to help you explore your options and to give you basic information about fireworks litigation.
If fireworks were improperly designed or manufactured then you may well be able to bring a lawsuit against the actual fireworks manufacturer. Or you may be able to initiate a strict liability claim in which even negligence is not a factor. In other cases, a fireworks seller will break the law by selling illegal fireworks or will sell fireworks to minors who in turn will use them improperly. If someone is injured in these scenarios then it is possible to file a personal injury lawsuit against the person responsible for your injuries.
There are, as you can see from reading this article, many different types of cases and conditions involving defective fireworks and general fireworks injuries. It is understandable that these may seem fairly confusing.
The attorneys at our Law Office have had over 20 years of experience successfully litigating personal injury cases, including accidents resulting from fireworks. During this period of time we have won millions of dollars for our Texas clients, from manufacturers and insurance companies nationwide.
If you or a family member has been injured in a fireworks accident, contact our Law Office today (toll-free). We are available 24 hours a day and are pleased to offer a free consultation. We are standing by ready to discuss your case with you and to answer all of your specific questions.
Food Poisoning Injuries
Salmonella, E. Coli & Other Food Poisoning Information from a Product Defect Law Firm
In the hyper-vigilant environment, our country has found itself in since shortly after the attacks of September 11, 2001, contamination of food and drink products has been a very hot media topic. Those attacks put a spotlight on stories concerning packages that were shipped via U.S. mail that contained anthrax, packages that contaminated several news outlets and law enforcement offices.
As a reaction to these packages, the U.S. Food and Drug Administration, or FDA, enacted regulations that were designed to keep the food supply of our country from the potential of deadly contamination by terrorist entities. The program was well-intentioned and is a very positive step toward ensuring the safety of our food, but it does not address the more commonplace instances where our own food suppliers accidentally contaminate food.
There have been several news reports recently regarding E. Coli outbreaks in produce, as well as salmonella outbreaks in peanut butter. Annually, there are hundreds of food products that are recalled because of the negligence or carelessness of producers and growers right here in the United States. Companies are required by federal law to take steps to ensure that the design and manufacture of food products that are sold in the U.S. are safe for public use. When consumers are injured by products that are contaminated or unsafe, they have the right to take legal action against those suppliers in order to gain fair compensation for the injuries they suffer.
However, litigating these cases is best left to seasoned and skilled attorneys, because the companies responsible for producing tainted food or drink problems that lead to food poisoning usually have a cadre of lawyers of their own. Those lawyers know every trick there is to know regarding how to defeat your case or simply dismiss it outright; or, at the very least, keep whatever settlement you receive at a bare minimum. There are also several entities that play a role in the production of a food item, such as a cut of raw meat, a piece of fruit, or a baked good, for example, from a raw state to a finished product ready for public consumption. This often makes it very difficult to ascertain the chain of responsibility, a task that is nearly impossible for either a legal layperson or an inexperienced lawyer.
Radiofrequency identification, or RFID, technological advances have allowed the producers of food that have implemented them to track each and every piece of produce from the time of harvest to the time it is delivered to the store. This makes it significantly easier to contain contamination outbreaks and reduce the instances of food poisoning, but in no way does that mean these measures are foolproof. As disturbing as it may be to think about, food contamination can occur when workers simply fail to wash their hands after harvesting produce, or a worker in a bakery neglecting to put a carrot cake with cream cheese icing back in the refrigerator. Most E. Coli outbreaks – and this is harsh but true – occur mainly as the result of animal feces coming in contact with meat or other consumable products. You would probably think it would be a pretty easy process to make sure that animal waste does not come in contact with food, so if a supplier fails to do so that is typically a strong sign of negligence.
In a liability case concerning food poisoning, there can be multiple potential defendants. The food contamination lawyers with our Law Office are very familiar with thoroughly investigating the issues involved with food poisoning, and can help you clearly understand the parties against which you may be able to take legal action. Our Law Office has helped victims of food poisoning for two decades and would like to help you obtain the fair restitution you have coming to you for the suffering you’ve had to endure.
The track record of our Law Office and our reputation for successfully litigating food poisoning cases in the courtroom can help bring you the leverage you need to make sure food producers are held accountable for the suffering you’ve experienced and to also make sure you get just compensation. We completely investigate each and every case we handle in an effort to make sure your case is as strong as it can possibly be. We are passionate and dedicated to helping you recover both financially and physically by getting the fair restitution you deserve.
If you have suffered due to ingesting a contaminated food item that led to food poisoning, please call the attorneys with our Law Office (toll free) as soon as possible for a free and confidential consultation.
Cerebral Palsy is Often Caused by Birth Injury or Delivery Malpractice
If you are a parent and your child has recently been diagnosed with cerebral palsy, you probably have many questions that require answers. What is cerebral palsy? What causes this condition? Do you have a legal right to seek financial reimbursement if your child’s cerebral palsy was the result of medical negligence? Our Law Office has the answers you seek here.
The term cerebral palsy refers to a collection of conditions affecting motor function and coordination. Cerebral palsy may be diagnosed shortly after delivery or later, through the child’s first two or three years of life.
How does this happen? Sometimes, the brain suffers an injury that can lead to cerebral palsy. Cerebral palsy can lead to lowered levels of motor coordination, abnormal bodily movement, and decreases in cognitive function. The location of brain damage establishes the type of cerebral palsy that affects the child. How severe the damage is depends on what type of cerebral palsy has been diagnosed. The symptoms of cerebral palsy may begin as little as a few months from the child’s birth. However, the symptoms are frequently not observed by either the doctors or the parents of the child until the delayed development of certain motor skills makes them more apparent. This observation usually happens around the first or second year of the child’s life. Sadly, no cure is yet available for cerebral palsy, although it can be treated through expensive medical care, therapy, and appropriate accommodations. Cerebral palsy may often be prevented during the pregnancy and subsequent childbirth through appropriate medical intervention. If a doctor could have taken steps during pregnancy to prevent the development of cerebral palsy in your child but did not, you have the legal right to seek financial restitution for your child’s condition. Our Law Office has twenty years of experience pursuing medical malpractice and birth injury claims. We know what to do to help you and your family recover economically in order for your child to receive the treatment they deserve.
What Forms of Cerebral Palsy Are There?
There are four principal kinds of cerebral palsy that may have an effect on varying regions of the brain, each with its own symptoms. The following is a list of these kinds of cerebral palsy, as well as some insight into what can cause them:
Ataxic Cerebral Palsy – This type of cerebral palsy occurs with lower frequency than do the other types. Sufferers of ataxic cerebral palsy find it difficult to balance and may be deficient in fine motor skills, which may make it harder to complete things like wielding utensils to eat dinner, tying shoelaces, writing with a pen and paper, and typing using a keyboard. What causes ataxsic cerebral palsy? Trauma to the cerebellum can precede this form of cerebral palsy, resulting in weakened muscles. Children afflicted with ataxic cerebral palsy may experience tremors when attempting sudden movements. This type of cerebral palsy is often detected later in the child’s development when it becomes apparent that the child requires assistance to stand, or must go out of their way to achieve balance. Some other indicators of ataxic cerebral palsy include lack of balance when walking, speech that sounds slurred, a wide range of speech volume, and a noticeable deficiency in depth perception. This form of cerebral palsy also commonly includes hypotonia, or low muscle tone.
Dyskinetic Cerebral Palsy or Athetoid Cerebral Palsy – This form of cerebral palsy accounts for about 10-20% of all cases. It can include both hypotonia and hypertonia. Hypertonia is when there is an unusual increase in muscle tension, rendering it harder for the child to stretch their muscles. Dyskinetic cerebral palsy sufferers typically have a reduced ability to control their movement and may suffer spontaneous spasms that they cannot control. They may also experience difficulty retaining an upright position or keeping themselves steady. This may make it harder to grasp objects, and it is at this point in the child’s development that this form of cerebral palsy is usually detected. What can cause dyskinetic or athetoid cerebral palsy? Generally, this form of the disease happens when doctors neglect to treat an infant’s abnormally high bilirubin levels. This can lead to damage in the basal ganglia. Because this is obviously avoidable, failure to attend to it is clear medical negligence. Increased treatment, accommodation, and therapy are all required to treat this form of cerebral palsy.
Spastic Cerebral Palsy – This form of cerebral palsy results from injury of the brain’s cortex. It accounts for 70-80% of cerebral palsy cases. Children with spastic cerebral palsy are afflicted with hypertonia or increased muscle tension. Spastic cerebral palsy is classified differently according to what part of the body is affected. Spastic hemiplegia refers to cerebral palsy affecting one side of the body. Spastic diplegia affects the lower limbs and can result in a scissors gait and walking on tiptoes. This variation of spastic cerebral palsy is the most common. Children with spastic diplegia are often nearsighted. Spastic monoplegia refers to a single limb being affected by cerebral palsy, while spastic triplegia means that three limbs are affected. Spastic quadriplegia affects all four limbs to varying degrees. Children afflicted with spastic quadriplegia are unlikely to walk, or even to want to walk, due to the degree of difficulty inherent in the task. The effort required to overcome the muscle spasms and rigidity is usually entirely too great. Spastic cerebral palsy in general can also lead to early-onset arthritis.
Mixed Cerebral Palsy – If the brain is damaged in more than one area, multiple types of cerebral palsy can occur. This form of cerebral palsy is quite rare.
Experienced Medical Malpractice Attorneys are Necessary to Successfully Pursue Lawsuits Related to Cerebral Palsy
The brains of developing fetuses and babies can sustain injury or trauma from a number of sources. Legal experts in brain damage are needed to establish whether your child’s cerebral palsy was caused through the negligence of a doctor or other medical professional or due to random chance. The child’s development records will need to be evaluated to help make the assessment. These records should include everything through pregnancy and birth. Only by doing this can a legal expert make a determination on whether or not the resulting cerebral palsy was caused through preventable negligence on the part of a medical professional attending to your child. The amount of cerebral palsy caused due to negligence is about one-third of all cases. The child is then left to endure physical and mental suffering, while the family of the child struggles to meet the new financial demands the condition requires to treat appropriately.
The Medical Malpractice Attorneys of our Law Office are Here to Help You if Your Child is Afflicted with Cerebral Palsy Resulting from Medical Negligence
Has your child recently been diagnosed with cerebral palsy? Do you suspect that the condition resulted from medical negligence? Our Law Office can provide the services of an independent legal medical expert to go over your child’s medical records with a fine-toothed comb to discover evidence of negligence. Call us today toll-free to receive a free consultation that will remain confidential. We will discuss with you the particular details of your child’s condition, answer your legal questions, and let you know what we can do to help you. You and your child deserve fair economic restitution for the long scope of treatment required to deal with this disease.
Erb’s Palsy Lawyer
Mirth Injury Lawsuit Lawyer Discusses Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy
Birth injuries can happen to anyone and can result in very serious medical conditions. Numerous factors, even seemingly unrelated ones like a rushed or tired physician, can result in life-threatening or long-term disabling injuries to both mother and child and can occur during pregnancy or childbirth.
While some birth injuries happen merely because of the statistical inevitability of nature, many other birth injuries occur because of the negligent actions of doctors, nurses, obstetricians, and other medical personnel, who have been given the incredible responsibility of safely delivering babies. Sadly, just a minor error by a physician can result in a lifetime of medical treatment, care, and special accommodations for a child who has suffered an injury.
Erb’s Palsy is one of the most serious medical conditions that can arise from a birth injury and is characterized by a significant decline of strength and range of movement in the child’s arm and shoulder. This injury can translate into mounting medical and treatment bills that can quickly overwhelm a parent or guardian. If you find yourself in this situation and struggling with these issues, and are suspicious that medical malpractice may have occurred in the injury to your child, you may potentially qualify for compensation for your financial losses and medical expenses, ranging from past bills to future or impending costs for medical care. Our Erb’s palsy medical malpractice attorneys have compiled this brief article to highlight specific kinds of birth injury that can lead to life-long health issues for a child.
For the past twenty years, our birth injury attorneys have learned the legal complexities of birth injury lawsuits. We can help you understand the intricate issues involving birth injuries and the litigation needed to solve them. Often in trying to decipher if the birth injury was a tragic natural occurrence or caused by someone’s negligence, parents have no medical or legal experience to turn to when an injury occurs. We can help make that determination and then work diligently to make sure your case is resolved to your satisfaction and that you receive the compensation you deserve.
Brachial Plexus Injuries
The brachial plexus is the bundle of nerves that connects the spine to the upper extremities, such as the shoulders, arms, and hands. Any excessive physical exertion or unusually difficult labor and delivery can injure both mother and child in different ways. Brachial plexus injuries can happen in exceptionally large babies, unusually small birth canals, awkward positioning of the baby in the womb, or abnormal activity in the uterus or womb. It is a fairly normal occurrence, afflicting nearly 20 percent of all childbirths. Dystocia is any excessive physical exertion or unusually difficult labor and delivery. It can injure both mother and child in different ways. Attending obstetricians and their medical staff have been trained to take reasonable care in delivering the baby without causing injury or harm because brachial plexus injuries frequently take place during childbirth.
In most cases, the medical staff bypasses vaginal delivery and performs an emergency caesarian section (c-section) or a high-forceps procedure. This can result in serious birth injuries to the brachial plexus nerve cluster that joins the hand, arm, and shoulder to the spine. In newborn babies, these nerves are clustered together in the shoulder before completely spreading throughout the entire arm in the adult arm and shoulder. The damage to these nerves can be significant, even to the point where the nerves become severed and lead to life-long debilities because of the way they’re bunched together. Sometimes surgery can be done to correct the damaged nerves.
Many doctors try to avert liability by telling the families of babies who suffered birth injuries, the harm that took place was unpreventable or was simply normal, under the circumstances. Some birth injuries happen just because of the statistical inevitability of nature, but others occur because of the negligent care from physicians, nurses, and other medical professionals, who were given the incredible responsibility of delivering the baby safely. Many of these injuries are diagnosed incorrectly; many times a doctor will recognize the obvious signs, yet simply hope the injury or symptoms will go away. In some cases, the nerve damage does go away.
Erb’s palsy usually happens when the baby’s shoulder getting stuck in the birth canal, which is a condition known as shoulder dystocia. If a weary or inexperienced doctor pushes or pulls too forcefully in attempting to dislodge the baby, shoulder dystocia can cause the shoulder to dislocate, which damages the brachial plexus nerve cluster. If an infant’s shoulder becomes immovable, the delivery process becomes quite risky, because of the extreme pressure put on the baby’s head, neck, and umbilical cord. If action is not taken immediately to readjust the shoulder, the baby could suffer severe brain injury because of the lack of oxygen to the brain. This lack of oxygen is called hypoxia. If too great a pressure is applied, the brachial plexus nerves can become stretched, bruised torn, or even severed. On many occasions, in these severe situations, medical malpractice occurs because of the aggressive or negligent behavior of health care professionals.
Erb’s Palsy most often arises from the condition of shoulder dystocia as mentioned above. Erb’s Palsy causes the muscles in the arm to lack adequate stimulation by the brain, which leaves the arm immobile or very weak, depending on the severity of the brachial plexus nerve injury.
Erb’s Palsy should be detected soon after birth by the attending physician and staff because the symptoms are immediately obvious—babies can’t grip with the affected hand, lack voluntary movement in the affected arm, and hold their arm tightly pinned against their body, cocked at a 90-degree angle. Occasionally, less severe brachial plexus nerve injuries can be treated and corrected with proper treatment or specialized surgery by the attending physician. Erb’s Palsy, however, creates lifelong disabilities that require extensive treatment and therapy, including specialized adaptive technologies and accommodations. However, proper delivery techniques can prevent injuries to the brachial plexus nerves.
Call Our Erb’s Palsy Lawyer
The attorneys at our Law Office have been helping families recover from birthing process injuries for over twenty years. We understand how to navigate the rough waters of medical malpractice law, unlike many attorneys who simply avoid these types of cases because they are too complicated and challenging to win. We will devote the time required to build a solid case to make sure those responsible for your baby’s shoulder dystocia, brachial nerve trauma, or Erb’s Palsy are made accountable. We’ve won millions of dollars in settlements from every major insurance carrier in the U.S. The insurance company adjusters and defense lawyers are familiar with our successful track record. As a result, our clients frequently receive fair settlement offers without having to go to trial. Our attorneys can ensure you get the best results possible so that your child receives the best treatment possible and compensation for the mental and physical trauma they have suffered in this ordeal. If your child has been injured in childbirth because of a medical professional’s negligence, call the birthing injury attorneys at our Law Office (toll-free) for a free consultation. We can answer your specific questions and help you make an informed decision.
Daycare Abuse Attorney
Has Your Child Been Injured or Abused by a Daycare Professional?
When allegations of child abuse are levied, those are charges that should never be ignored or taken lightly. Pursuing legal action against either a person or entity that is guilty of child abuse at a daycare facility can be an extremely complex ordeal that is fraught with emotional trauma.
Should a parent or legal guardian have a reason to suspect that his or her child may have been the subject of either sexual abuse, emotional abuse, neglect, or physical abuse while in the care of a daycare facility, the resulting anger, and frustration experienced by both parents and members of the family can be incredible. If the negligent behavior of an employee of a daycare facility, or a caregiver at another type of facility, the worker and the worker’s employer may both be held responsible for their actions (or, in some cases, inactions) by means of a personal injury lawsuit. This article, provided to you by the daycare abuse attorneys with our Law Office, will provide detailed information on the signs associated with child abuse, the legal aspects that are often a part of child daycare abuse cases, and what you should do if you have a suspicion that your son or daughter is experiencing daycare child abuse. While we obviously hope that neither children, parents nor guardians ever have to go through the trauma associated with any form of child abuse, we are nevertheless prepared to spring into action to assist in achieving justice against those who would stoop so low as to abuse a child. This article is not meant to be a substitute for a legal consultation, however. Please call our Law Office (toll-free) for a free and confidential consultation regarding the specific details of your case.
Child Abuse Statistics in the United States
These alarming statistics serve as a reminder of the depressingly too common occurrence of child abuse, not only in Texas but also throughout the United States of America.
According to the Administration for Children & Families Of the 3,534,000 million (rounded) children who were the subject of an investigation or alternative response in the fiscal year 2018, 678,000 (rounded) children were determined to be victims of maltreatment, up from 674,000 (rounded) victims in 2017. In total, 60.8 percent of victims were neglected, 10.7 percent were physically abused and 7.0 percent were sexually abused. More than 15 percent were victims of two or more maltreatment types.
The number of child fatalities due to child abuse and neglect increased in the fiscal year 2018. The number and rate of victims have fluctuated during the past five years. A national estimate of 1,770 children died from abuse and neglect in the fiscal year 2018 compared to an estimated 1,710 children who died in the fiscal year 2017.
A study conducted showed that about 3 percent of child abuse cases in the U.S. were incidents related to either daycare, foster care, or institutional care. That percentage has remained steady for the past decade.
Child abuse allegations concerning daycare facilities are often intensely publicized, even though they do not account for the majority of child abuse reports. As such, the attendant publicity should not lead parents or guardians to assume that there is evidence of abuse being common in daycare settings, and should not lead them to believe that daycare facilities are inherently unsafe environments for children. But even one incident of daycare child abuse is one too many. The next portion of this article provides information on the signs a parent or guardian can look for in trying to make a determination whether or not their child is the victim of daycare child abuse.
Signs of Possible Daycare Child Abuse
A parent or guardian will oftentimes notice if a child suddenly starts to act in a different manner than normal, or is experiencing significant shifts in mood, withdrawal symptoms, or aggressive behavior. But most children have a hard time expressing their feelings or comprehending why they are all of sudden acting in a certain manner. Also, children may attempt to hide what they’re experiencing because they do not want to “tell” on an adult. Following is a list of some of the red flags and symptoms of child abuse that could help you determine whether or not your child may be suffering from such abuse.
Signs of potential physical abuse include:
Burns, bruises, swollen areas, or cuts that are not explained
Swings in mood
Exhibiting an unusually strong aversion to going to daycare
Withdrawing from normal, everyday activities
A child complaining of pain or some sort of injury without being able to explain why it occurred
Signs of possible emotional abuse include:
Delays in normal development
Disorders concerning speech
Severe allergies, ulcers, or asthma
A child displaying either manic-depressive behavior or passive-aggressive behavior
Biting, rocking, thumb-sucking, or other habitual disorders
Signs of potential neglect include:
A child exhibiting a dirty appearance, or whose diapers are dirty after leaving daycare
A daycare facility that is understaffed
A child being unusually hungry or thirsty after leaving daycare
The daycare facility discourages visitors who are unannounced
Signs of potential sexual abuse include:
A child who fears contact
A child who abnormally craves contact
A child engaging in inappropriate sexual play
A child exhibiting an unusual level of interest in the sexual parts of the body or in issues of a sexual nature
Yeast or urinary tract infections
Bruising or bleeding in the region of the genitals
An inability of the child to properly stand or sit
Torn or dirty underclothes
What to do Next if Your Child May be Suffering from Daycare Child Abuse
Should you have a reason to suspect that your son or daughter may be experiencing child abuse while under the care of a daycare facility, you have a number of steps you can take to identify whether or not that abuse is actually taking place. The first thing you should do is discuss the child’s behavior with your spouse or partner. Both of you are more apt to notice and manners of behavior that are out of the ordinary, since you are the ones closest to the child. You might also think about talking to the parents of other children at the daycare facility to see if they have any suspicions regarding potential child abuse as well. There are some cases where the problem is not child abuse at all, but the actions of another child that are causing the injuries and/or abnormal behavior. But there are other times where, in fact, these abnormalities and injuries are the direct results of child abuse. It is important to be tactful when engaging in these kinds of conversations, but it can be vital to talk with a fellow parent to see if they’ve noticed his or her child displaying the same kind of troubling characteristics after attending daycare that your child is displaying.
There is only so much that parents can do to ensure the safety of their children, but one of the things they can do to head off any potentially damaging problems is to listen to their children regarding their daycare experiences. Ask your children on a daily basis about their experience at daycare and keep track of the responses. That way you can consistently make an accurate determination of the child’s emotional well-being.
Abuse or neglect is often not physical in nature, but rather emotional, and as a result can be much tougher to ascertain because there are no obvious physical signs. But this form of abuse is just as dangerous as physical abuse because it can result in emotional scars that lead to delays in development. Should your child not want to talk about his or her time at a daycare facility, or become abnormally depressed or aggressive while talking about it, there could be a good reason for a parent or guardian to become significantly concerned.
If, for whatever reason, you feel your child may be a victim of daycare child abuse, immediately call either your local police or the Texas Department of Family and Protective Services (DFPS). If the suspected case of daycare child abuse needs to be addressed immediately, call the DFPS hotline as soon as possible toll-free at 1-800-252-5400. They have someone available to talk to you at any time of the night or day, any day of the week. Should there not be a need for an immediate response, worried parents can use the Texas Statewide Abuse, Neglect, and Exploitation Reporting System website (https://www.txabusehotline.org/) to submit a suspected daycare abuse report. That report will be replied to within a period of 24 hours.
Finally, you may want to consider the pursuit of legal action against the liable parties that have caused harm to your child through a personal injury lawsuit. The daycare abuse attorneys at our Law Office can help guide you and your family through this extremely trying period of time. Once child abuse allegations are leveled toward either a person or place of business a detailed investigation is launched by the State of Texas in order to determine the legitimacy of said claim. Your rights, and the rights of your child, will be defended every step along the way by an experienced attorney. Our daycare child abuse attorneys will deal with all of the necessary paperwork and any other parts of the process in connection with litigation so you and your family can remain focused on caring for your child and helping him or her heal from this incredibly traumatic experience.
Liability Concerning Incidents of Daycare Abuse
No matter what kind of torment their child may be going through, whether it is a result of either child sexual abuse, child emotional abuse, child physical abuse, or neglect, there is one question that parents or guardians immediately ask – “Who’s fault is this?” In the arena of litigation, this question is referred to as the question of liability. Either one person or entity, or multiple persons or entities can be regarded as liable in such a case. Texas law subscribes to the notion of “respondeat superior.” Basically, this means that when a judge or jury finds an employee guilty of negligent behavior that results in either the injury or death of another person, the employer of that worker will be held as well as a vicariously liable defendant. In the case of daycare child abuse, the daycare worker would be a defendant in a daycare child abuse personal injury action, and the company that owns the daycare facility would also be a defendant.
There are many instances where daycare child abuse does not take place as a result of the actions of either a daycare worker or teacher at the facility. Oftentimes, these occurrences are the result of the actions of a secondary daycare worker such as a janitor or bus driver. These individuals may only have a moderate amount of contact with the children. There have also been times when relatives of daycare workers were responsible for daycare child abuse. No matter who may be the ultimate cause of the abuse, the daycare facility is still responsible for the safety of all the children in attendance, and at all times. If more than one party is held liable for a daycare child abuse incident, multiple civil suits can be filed against each party. A detailed, thorough investigation is often necessary so that all of those responsible can be identified and held accountable for their actions so that you and your family can get complete justice for the harm done to your child.
Negligence Claims Involving Daycare Abuse
Personal injury claims involving negligence that results in the abuse of a child are handled much differently than other forms of claims in Texas. In the instance, of, say, an injury accident case, a very specific type of negligence must be applied. But in order to ensure justice in the case of a personal injury claim involving harm to a child, there are a variety of negligence claims that may be used. A negligent hiring claim, for example, can be filed against a liable daycare facility if those in charge failed to make a reasonable effort to perform appropriate background checks on potential employees. If someone with a history of questionable character works near children, as subsequently is the cause of a child suffering some kind of harm, then the employer will be held liable for the injury due to its negligence in the hiring process. There is another legal avenue, called negligent entrustment or negligent supervision, that can be pursued in a case involving daycare child abuse. If an adult acting in a supervisory capacity does not properly ensure a child’s safety, that worker could be held liable for any injury that child may suffer. A general negligence claim could also be filed against either a negligent daycare worker or a secondary worker. Should any of these negligence claims be validated, it is likely that parents or guardians will not only receive fair restitution, they will also likely see those responsible for the child’s injury brought to justice.
Daycare Child Abuse and Vicarious Liability
As mentioned previously above, a daycare worker’s employer can be held vicariously liable when one of their employees is accused of suspected child abuse at a daycare facility. But there are many cases when it is surprisingly difficult to ascertain the owner of a daycare or other childcare facility’s true identity. Some daycare centers are privately owned; however, others are owned by corporations or other business entities. Those entities may take steps to conceal their ownership of such a facility, and thus attempt to escape liability if allegations of abuse are levied against their company. If a corporation owns a daycare center, it will probably have an extensive amount of money at its disposal to craft a very formidable defense. They will hire a stellar defense team, formed with the sole purpose of defending their client’s interests. The defense will not be concerned at all with the injury your child has suffered, and the trauma you and your family have experienced. Make sure you are as well-armed as the defense by calling on the legal expertise of the daycare abuse attorneys at our Law Office.
You can just about guarantee that, whether the daycare facility is independently owned or part of a huge corporation, it will have insurance coverage of some kind. It is just as likely that the insurance company will play a large role in any litigation that may result from a daycare child abuse injury. These insurance providers have extensive experience in dealing with such cases, and, whenever they can, they will attempt to reduce or flat-out deny claims against their policies in order to protect their assets. It does not matter in the least how badly a child and his or her family need compensation for injuries the child has suffered. When faced with this level of opposition, a plaintiff in a daycare child abuse case simply must call on the assistance and expertise of a trial-tested lawyer – one who is intimately familiar with the strategies insurance companies use in order to guard their profits. The attorneys with our Law Office have successfully fought every major United States insurance company, proudly developing a reputation as a law firm that works solely in its clients’ best interests. Because of that reputation we have carefully cultivated over the last 20 years, many insurance companies and defense attorneys choose to offer sizeable out-of-court settlements rather than risk a much greater amount of money by tangling with us in a courtroom. But if your case has to go to trial, we will be well positioned to defend the rights of both you and your child.
Why You Should Initiate Legal Action in a Daycare Child Abuse Personal Injury Case
Parents or guardians of a child who suffers daycare abuse should pursue litigation in the form of a personal injury lawsuit for two reasons. Number One, the purpose of a civil lawsuit is to hold responsible parties accountable for the negligence that led to the abuse of a helpless child, and to deliver justice. By undertaking legal action, the liable parties can be identified in a public forum as committing one of the most heinous acts possible, and this behavior can be eliminated so that no other child or family will ever again have to experience the pain and trauma of abuse from those parties. Many times, the need of parents to see justice served is the main motivating factor for pursuing legal action against the person or entity responsible for their child’s suffering.
In addition, another goal of a personal injury lawsuit is to ensure that affected children and family members are fairly compensated for the damages they have incurred in such a case. There are many ways in which financial losses can occur. Many times, damages include any past or future medical expenses that may arise from the injury that go toward treating the child’s pain and suffering, mental or emotional distress, and improving his or her overall health. Other costs could be incurred due to impairment or disfigurement. Judges or juries can decide to award punitive damages to plaintiffs in a daycare child abuse case should they deem the occurrence of the abuse severe enough; such an award would possibly cripple the offending facility financially to such an extent that it may have to cease operations.
Again, however, while the pursuit of compensation is many times not the prime motivation for legal action, it remains a necessary component of any personal injury litigation. That compensation can help guarantee a family will not have to struggle financially along with the struggle they are already experiencing in trying to help their child get through an incredibly difficult time emotionally. Such an experience can, unfortunately, last a long time and require years and years of either physical or emotional therapy.
How our Law Office can Help
Should your child and family suffer the devastating effects of daycare child abuse, do not hesitate to get your child immediate medical attention and then contact the proper law enforcement and child protection agencies. After you do so, begin to consider any legal options you might want to pursue and call the daycare abuse attorneys with our Law Office toll-free for a free and confidential consultation.
We will carefully listen to all the details surrounding your case, and answer and questions you may have concerning possible legal action. If you choose to pursue litigation, we will help you start the process, and then we will launch a detailed investigation in order to properly assess the next steps to take in the matter.
The attorneys at our Law Office stand ready to assist both you and your family through what is an incredibly trying time. We will work tirelessly to ensure that those responsible for causing this turbulence in your lives will be brought to justice and held fully responsible for their negligence.
Daycare Worker Negligence
Daycare Abuse Liability and Negligence Discussed by Texas Attorney
When it comes to winning daycare abuse personal injury lawsuits, our Law Firm has one of the best records in the state of Texas. Our Law Office is a team of knowledgeable and experienced litigators with more than twenty (20) years of courtroom victories.
We have fought for the legal rights of daycare abuse victims. And our ongoing advocacy for the rights of the young is relentless. Read this article to get a better understanding of the rights of your children as it pertains to Daycare Abuse and your possible legal recourse. Call our Texas daycare abuse lawyers today.
In any corner of America, the daycare industry is big business. The industry’s momentum is due partly to the women’s lib movement because women wanted to have their careers, their husbands, their big houses with the picket fence, and their children too. Another reason for momentum in the daycare industry is the increase in the cost of living. At one time the husband or man of the house was not just the primary breadwinner. He was the only breadwinner and the woman was a housewife. That was before it took two incomes to do what one income used to do.
When Can An Individual or Individuals Be Held Negligently Liable for Abuse At A Daycare Facility?
In daycare abuse cases the legal guardian or parent of the injured child has a legal right to proceed on behalf of the child who has been injured. But what they might not expect is that the burden is on the parents or guardians of the victim to show negligence or abuse took place before a lawsuit against the daycare providers can be filed.
Supervisors who are allegedly negligent get the most complaints. This is the type of complaint that might be filed against any daycare employee who is directly involved with the children or even remotely involved at the daycare such as a van driver, a custodian, the chef, or even a subcontractor that delivers to the establishment. Negligent Supervision claims normally are filed when the adult in charge who is responsible for the overall security of the children does not deliver on that obligation.
For some people who are unfamiliar with the law, a misunderstood theory called Negligent Entrustment trips them up. Negligent Entrustment is important to any personal injury case because it means the difference between a lawyer and client getting a favorable judgment with no financial recovery or the lawyer and client getting a favorable judgment and an acceptable financial recovery for the client. Imagine a daycare worker turning her back on toddlers riding tricycles just a few feet away from the see-saw when her cellphone rings. The daycare worker turns her attention to her private conversation and away from the children who are playing dangerously close to the see-saw. Children naturally can sense when there is no adult paying attention. That’s usually when they make their move. As the two older children play on the see-saw the other young toddlers peddle close enough under the see-saw and it struck slightly on the head by a child on the see-saw. Although it could have been worse, the toddler on the trike falls off and onto the ground and starts to scream and cry. And just like dominoes, the cries of one child cause the other children to chime in. In this scenario, the daycare employee was within earshot, but she might as well have been on the other side of the playground because she wasn’t paying attention and a child was hurt in the process.
After checking her employee file it turned out that the negligent employee has been written up several times before for using her cellphone when she should have been giving her undivided attention to her job, which is watching the children. In this case, the worker and the daycare facility can be held liable and be co-defendants in a personal injury lawsuit. That’s because the daycare facility knew about this worker’s less than stellar behavior and failed to make sure the worker didn’t continue her violations. So court documents might charge workers with claims of inexperience, incompetence, or behavior that is unfit for the duties entrusted to them.
Our Texas daycare abuse Law Firm has the highest moral and ethical standards. So throwing everything against the wall to see what sticks is not how we operate at our Law Office. We will conduct a thorough investigation and gather evidence to support our claims. Still, any attorney worth his weight knows that the owner of the daycare is a better defendant than the daycare worker because owners have access to enough money to pay any damages awarded. Daycare workers earn only a few dollars more than minimum wage.
And when it comes to daycare owners, they are more likely to drop the ball on follow-through in the hiring process. It’s called Negligent Hiring. As with any growing business, it takes a number of people in different capacities to come together and create a well-oiled machine. So in the haste to fill vacancies owners don’t do their due diligence when it comes to background checks and the like. Just because someone knows his or her craft doesn’t mean are a right fit for your company, especially if children are your main clientele. If they come in contact with the children at any time they should be checked against any pedophile registries, for any criminal backgrounds and they should have to take a drug test to get hired and be subject to periodic drug testing during their employment. If not, the results might be tragic. In the past, daycare owners have realized that employees had criminal backgrounds that include mental illness, child molestation, and rape.
Texas law makes a parent or guardian eligible to file lawsuits on behalf of a minor child, regardless of if the injured child suffered emotional, physical, or sexual abuse or neglect. There are some common theories of negligence that our daycare abuse attorneys look for in every case. If the lawyer and investigators can confirm and prove any of these cases of liability against the daycare owner or workers, then a personal injury lawsuit can be filed. Not only is this legal claim brought on behalf of the wounded youth, but bring a legal claim such as this will send a message to every daycare provider who is sure to hear about the lawsuit and take note. It sends a message that there are consequences to abusive and neglectful behavior against a child in your care.
Choosing a Daycare & Steps to Keep Your Child Safe
Although it’s up to the individual to choose the best caregiver for their child, the Consumer Protection Board says there is a recommended process. Daycare abuse is a fact of life and sometimes the effects can be long-lasting and life-changing. So choose a daycare facility that is:
licensed by the state of Texas,
that will permit surprise visits by parents or legal guardians of the children at the daycare; then
take the liberty of showing up for one of those surprise visits and do a walkthrough of the daycare facility before you sign up your child to attend;
Know where the bathrooms are to make sure they are not too far away from the main area where children will be. Ask questions about who monitors the children, who takes them to the restroom, and who will be in contact with them. According to reports, more than fifty (50%) percent of all daycare sex abuse claims are said to happen in the bathroom. And a large percentage of sex abuse happens during nap time. So be sure to ask if nap time is monitored and if so by whom. And definitely take note of daycare rules for conducting background checks and drug screenings on employees, including what kind of criminal offenses are acceptable for potential employees.
Find out who will be spending time with the youths in addition to the screened staff, and for how long. In a perfect world, we wouldn’t have to screen employees and our children always would be safe. But it’s not perfect. Research shows that sexual abuse in addition to physical abuse and exploitation occurs because a trusted member of the child’s caregiving team is somehow involved. It might be the van driver, or the custodian, or even a relative. In thirty-six (36%) percent of all abuse cases investigated, children become the victims of sexual molestation at the hands of a family member who is the relative of a staff. And those relatives turn out to be the husband or the son of a daycare worker or owner most of the time. So beware and be certain that your child has limited to no contact with these kinds of people. Ask about how many employees are employed by the daycare facility and how many of them will be near your child. Ask about the discipline policies and how they might address bullying at that age.
Inquire how many employees work at the daycare facility and how many of those employees will be in close contact with your child. Statistics on daycare abuse show that the abuse is usually at the hands of persons not directly involved in the supervision of the child. Insist that your child’s interaction and contact with all other service personnel at the daycare is limited. Statistics on a nationwide study of daycare abuse state that while in daycare facilities, it was the family members of daycare staffers that had easy access to the innocent children. And once you have done your due diligence to make sure your child’s environment is a safe place, engage your child in conversations about his or her daily activities when they return home. Regularly question your child about their day and activities while at the daycare. Listen to their answers and take note of their body language. If there is something that doesn’t feel right or sound right, trust your instincts.
If you suspect that your child is the victim of daycare abuse, contact our Texas daycare abuse Law Firm to discuss your case through a free initial legal consultation.