Legal 8/30/19 (page 2) – Personal Injury / Medical Malpractice / Alcohol Awareness / Dog / Workers Comp – gtg

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When we seek out care from a physician, we do so with the belief that we are putting ourselves in the steady hands of a professional. Unfortunately, not all of our encounters with the medical profession live up to the proper standard of care and patients may find themselves worse off after an operation or procedure than before. Death of a loved one can also be a result of a botched medical procedure.

To prove negligence on the part of a physician, the following must be shown:

The doctor owed a duty to the patient
The doctor breached that duty
The patient suffered an injury
The injury was a result of the breach by the doctor
Consent and physician liability

Before a medical procedure, you are generally asked to sign a consent form. The possible side effects and results of the operation are read to you. When something goes wrong in a procedure, a patient is sometimes hesitant to act because of the signed consent form. However, it is important to note that signing a consent form does not give a doctor the right to incorrectly perform your operation. Regardless of the consent form, your doctor is still held to a professional standard of care and if he or she fails to meet that standard of care and you are injured as a result, a medical malpractice claim can be brought for negligence.

Your doctor is not liable for situations that are beyond his or her control. For example, if your elderly relative insists on undergoing a high-risk operation despite warnings from the doctor and dies shortly afterwards, the doctor would not be found liable for the death so long as the operation was performed in accordance with standard medical procedures.

It is important to note that in Texas there is a two-year statute of limitations for medical malpractice. If you do not feel you are getting straight answers, or if your condition does not improve, it is in your best interests to seek out legal help so that you do not run afoul of this time limitation.

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April is designated as Alcohol Awareness Month across the country, providing an opportunity for everyone to become better educated on alcohol abuse—and to learn to make healthy and safe choices. The National Health Information Center offers a free online toolkit containing useful tips and links to the information needed to help any organization spread the word.

Our Texas personal injury attorneys view Alcohol Awareness Month as an excellent opportunity to remind everyone about the dangers of drinking and driving and the many available options for protecting lives.

Everyone can help save lives
In a recent survey conducted by the Substance Abuse and Mental Health Services Administration, between 12 and 13 percent of Texas drivers age 18 and older reported driving under the influence (DUI) of alcohol. The good news is that these results indicate Texas DUI is relatively low compared to other states. The bad news is that every impaired driver represents a risk for a Texas car accident, resulting in potentially severe injury or death.

Taking responsibility
You need to take responsibility for anyone you determine is in no condition to get behind the wheel. The following tips can help you keep Texas roads safer:

Be a designated driver. The best time to ensure drinkers do not drive is by planning ahead—before anyone takes the first drink.
Take the keys. Intoxicated people may not appreciate being relieved of their vehicles, but they remain alive to thank you later.

Be prepared for overnight guests. If you host a party, make sure you have comfortable places for unexpected houseguests. It may be easier to convince them to attend a sleepover party than to reprimand them for their intoxication.

Most important, do not assume a cup of coffee can create instant sobriety. Only time can do that.

Your safety is our primary concern
As a car accident lawyer. I often see the results when a celebration turns into a severe Texas car accident due to DUI. I encourage all drivers to avoid any form of impaired driving—and do whatever it takes to ensure your friends and family stay safe.

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How can you minimize the risk that your dog will bite someone?

The Center for Disease Control recommends that before you bring a dog into your home, you:

1. Consult with animal professionals such as a veterinarian, animal behaviorist, or breeder to learn what breed you should select.

2. Do not adopt a dog with a history of aggression especially if you have children.

3. Pay attention to clues that a child is afraid or apprehensive around a dog. If the child is afraid, do not bring the dog home.

4. Spend time with the dog before you adopt it. And, be especially vigilant if you have small children.

If, after careful deliberation, you do decide to adopt a dog:

1. Spay or neuter your dog. This has been shown to reduce aggression in many cases.

2. Always supervise children around the dog.

4. Don’t play with your dog aggressively (wrestling).

5. Make sure your dog is properly socialized and trained. The dog should be taught submissive behaviors. Suggested submissive behaviors are: rolling over to expose the abdomen and to give up the dog’s food without growling. Although not specifically recommended by the Center for Disease Control (at least on this particular list), you may wish to seek the assistance of professional dog trainers. You may wish to contact several local dog trainers to select the one that is right for you.

6. Perhaps most importantly, if you observe aggressive or undesirable behaviors in your dog, you should immediately seek professional help.

The CDC also conducted a study on fatal dog bites. However, it warns that the study does not identify specific breeds that are most likely to bite or kill. Accordingly, it does not recommend that the information from the study be used for policy making (legislative) decisions. Instead, for policy making, the Center for Disease Control refers the reader to the American Veterinary Association (AVMA) Task Force on Canine Aggression and Human-Canine Interactions.

Breed-specific legislation is controversial and bans breeds of dogs for fear of aggression or aggressive tendencies. The American Society for the Prevention of Cruelty to Animals (ASPCA) publishes an informative webpage on its site regarding breed specific legislation.

The ASPCA believes that regulating or banning certain breeds to reduce dog bites “will not be remedied by the ‘quick fix’ of breed-specific laws.’” In fact, it refers to such laws as “breed discrimination.” With the prevalence of pit bull dogs, it would likely be very difficult to pass effective breed specific legislation, regardless of whether it is effective or not. ASPCA advocates states’ laws that require the tracking of individual dangerous dogs despite the breed.The ASPCA states that there is no evidence that the breed-specific laws actually prevent attacks. Further, those laws are costly and difficult to enforce. In fact, according to the ASCA, the Center for Disease Control decided not to support breed specific legislation. Reasons are purportedly inaccurate dog bite data, the difficulty in identifying breeds, and because people (who are ultimately responsible for most dog aggression, attacks, and dog bites) will simply find other non-regulated breeds to abuse or exploit.

Some of the weaknesses with breed specific laws, cited by the ASPCA are that dog owners will hide their pets rather than give them up; good owners and dogs are unfairly punished; because of the breed ban, the public develops a false sense of security inhibits rather than enhances safety; and criminals may be attracted to the banned breed to bolster their image.

Instead, it recommends “dog license laws, leash laws, animal fighting laws, anti-tethering laws, laws requiring spaying and neutering, and laws requiring the control of all dogs regardless of breed. It offers other statistics supporting spaying and neutering and leash laws:

Over than 70 percent of all dog bite cases involve unneutered male dogs.

An unneutered male dog is 2.6 times more likely to bite than a fixed dog.

Chained or tethered dogs are 2.8 times more likely to bite than one who is not.

In fatal dog attacks, unneutered or unsprayed dogs were involved 97 percent of the time.

More than 78 percent of dog bites were by dogs that were used for guarding, fighting, breeding, or image enhancement rather than kept as pets

Not surprisingly reckless owners were responsible in 84 percent of the cases. The dogs were abused or neglected, were not controlled or contained humanely, or were left unsupervised with children.

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Onе mоѕt соmmоn сhаllеngе fасеd bу mаnу tоdау іѕ thаt mоѕt реорlе аrе nоt аwаrе оf thеіr rіghtѕ аnd whеrе еxасtlу tо lооk fоr а rеlіаblе mеdіcаl mаlрrасtісе lаwуеr. Thе rооt саuѕе bеhіnd thіѕ соuld bе mоѕt рrоbаblу thаt thеу dо nоt knоw whаt mеdісаl mаlрrасtісе іѕ аll аbоut.

In ѕіmрlе tеrmѕ, mеdісаl mаlрrасtісе саn bе dеfіnеd аѕ аn асt оf nеglіgеnсе оn раrt оf аnу dосtоr, hеаlth саrе ѕресіаlіѕt оr ѕurgеоn whіlе trеаtіng аnу раtіеnt. It рrасtісаllу fосuѕеѕ оn аnу brеасh оf соnduсt thаt іѕ rесоgnіzеd bу оthеr со-wоrkеrѕ іn thе ѕаmе fіеld. Tурісаl саѕеѕ оr еxаmрlеѕ mау іnсludе еxсеѕѕіvе dоѕе оf аnу hаrmful mеdісіnе whісh mау rеѕult іn ѕіdе еffесt, wrоnglу rеmоvаl оf аnу оrgаn оr еvеn fоrgеttіng tо rеmоvе аnу ѕurgісаl tооl whіlе сlоѕіng thе ѕurgеrу оr рrосеdurе. All оf thеѕе саѕеѕ аrе fаtаl аnd аѕ а rеѕult thе dосtоr rеѕроnѕіblе nееdѕ tо рау а hеаvу рrісе.

Bеfоrе уоu dо іntеnd tо hіrе а mеdісаl mаlрrасtісе lаwуеr іt іѕ аlwауѕ bеѕt tо сhаlk оut а рlаn оr ѕtrаtеgу. Hіrіng ѕuсh а lаwуеr саn іnсludе а lоt оf lеgwоrk аnd соnѕumе соnѕіdеrаblе аmоunt оf tіmе. Hоwеvеr ѕuсh а tаѕk саn bе mаdе еаѕу іf уоu dо undеrѕtаnd hоw thе еntіrе mесhаnіѕm wоrkѕ whеn іt соmеѕ tо thе mеdісаl dоmаіn аnd hоw саn а lаwуеr wоrk wіthіn thе јurіѕdісtіоn. Juѕt lіkе іn аnу оthеr dоmаіn, thіѕ іѕ vеrу іmроrtаnt аѕ уоu саn gеt tо knоw іmроrtаnt fасtѕ thаt аrе wоrth соnѕіdеrіng whаt аll fасtѕ thаt mау bе trіvіаl. Thіѕ іѕ whеrе оnlу саn аn еxреrіеnсеd mеdісаl mаlрrасtісе lаwуеr аѕѕіѕt уоu аnd рrоvіdе thе rіght kіnd оf guіdаnсе.

Thе рrосеѕѕ оf ѕеаrсhіng fоr а dереndаblе аnd rерutаblе mеdісаl mаlрrасtісе lаwуеr саn bе quіtе а dіffісult јоb аѕ thеrе аrе quіtе а fеw іmроrtаnt fасtоrѕ thаt уоu nееd tо соnѕіdеr whіlе hіrіng оnе. Rеmеmbеr, nоt mаnу lаwуеrѕ аrе ассuѕtоmеd іn hаndlіng саѕеѕ thаt rеvоlvе аrоund mеdісаl mаlрrасtісе. Onlу саn а ѕmаrt lаwуеr tаkе саrе оf аll thе dеtаіlѕ fоr уоu іn brіngіng thе сulрrіt tо јuѕtісе. An еxреrіеnсеd mеdісаl mаlрrасtісе lаwуеr wоuld hаvе а unіquе thоught рrосеѕѕ аnd оutlооk tо thе саѕе. Hе оr ѕhе саn brіng tо thе tаblе hаrd fасtѕ аnd fіgurеѕ thаt саn аdd wеіght tо thе саѕе аnd аllоw уоu tо ѕuссееd.

Medical Malpractice
If you or a loved one has been injured or killed as the result of a medical professional’s or medical institutions wrong doing, please call the medical ,malpractice attorneys at our Law Firm. In many cases, a medical malpractice lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

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We are a law firm representing injured people.

It is our sincere hope that this site educates our visitors, not only about our law firm, but about the process and procedures of the Workers’ Compensation law in Texas. It is our goal to provide information that explains the legal rights of injured workers.

Since 1966, my law firm and I have represented more than 15,000 people who have been injured in all types of accidents. Our practice areas include representing people who have been injured on the job. These types of injuries can cause significant physical, emotional, and financial hardships for injured workers and their loved ones. Many times, injured workers just don’t know where to turn.

When you are a client of our firm, you benefit from the combined knowledge and experience of our team of professionals. You will have an entire team working with you on your case. This team includes an Attorney, Investigator, Paralegal, plus other support personnel.

Our client is the most important person in our office. Our team of professionals is dedicated to personal service. Our mission is to try to help our clients receive fair and just compensation for their injuries and losses, without any unnecessary delay. To us that means always trying to keep you posted on the progress of your case, returning phone calls, clearly explaining your case to you, helping to solve your problems, and paying attention to you and the details of your case.

Free Consultation

If you, or someone you care about, have suffered a work-related injury, you can contact our law firm for a free consultation of your claim by calling our law firm from anywhere in the United States. We will answer your questions without charge and there is no obligation to use our services. And, there’s never a fee unless we get money for you.

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Under Texas workers compensation, an injured oilfield worker can receive workers’ compensation payments for lost wages if a doctor has placed them on medical leave from work for more than seven days. However, in order to receive payment for the first seven days of lost wages, a worker must have been off work and under a doctor’s care for at least 14 consecutive workdays.

An injured worker can either receive total disability work comp payments or partial disability work comp payments for lost wages.

Total disability workers compensation payments for injured workers
Under workers compensation law, an injured worker can start collecting for lost wages after being off the job for 7 days. The law allows you to collect 2/3 of what your gross weekly wages were before your injury.

There is a limit to how much you can collect while on workers’ compensation. The maximum work comp payment amount is set each year.

Partial disability workers compensation payments for injured workers
Partial disability can be collected if you return to a light-duty assignment that pays less than your previous position. Workers’ compensation will pay 2/3’s of the difference in salary up to a maximum of 500 weeks, or 9.5 years.

Example: Before your injury, your job paid you $500 per week gross. After your injury, you were unable to return to your job, so you took a light-duty job paying $400 per week gross. You lost $100 per week in pay by being injured and having to take a light duty job.

Your worker’s compensation payment would total 2/3’s of the $100 difference in your pay. In other words, you would be paid about $66 per week in workers’ compensation. So, your new weekly wage would then be $466 – $400 from your new light duty job and $66 in workers’ compensation payments.

Have you been denied payment for lost wages?
Sometimes injured workers are initially denied payment for lost wages. This could happen if the company doctor says the injury is not work-related or that the worker is well enough to work. If this has happened to you, our workers compensation lawyers can help you to prove your injury was work-related.

Our workers compensation lawyers can help you get your lost wage payments if:

you have been told to go back to work but can’t because you are too injured
you returned to work but are still injured

Additional information about workers compensation payments for lost wages
Lost wages payments can be reduced if you are collecting social security benefits, a pension, severance pay, unemployment compensation, or other payments.
There are no “cost of living” increases with workers compensation payments. This means that an injured worker will collect the same payment – without any increase – for as long as the payments continue.

Injured on the job? Put our experience to work for you
If you don’t have an attorney to help you with your injury claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. Our law firm has been helping injured workers for over 14 years. Let us put this experience to work for you.

Free Legal Consultation
If you have suffered an injury at work, and don’t already have an attorney, you can contact our law firm for a free consultation of your claim by calling our law firm from anywhere in the United States. It won’t cost you a dime to have our staff take a look at your claim. We will listen to what you have to say and will let you know what options you have based on what you have shared. It’s free and there’s no further obligation.

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Workers’ Compensation, Work Related Auto Accidents, Truck Accidents,
Oftentimes, our jobs require us to be on the road. Unfortunately, however, many American workers are injured in work-related highway crashes. In one year, for example, nearly 136,000 Americans were injured in an auto accident while on the job. Sadly, the number one cause of work-related fatalities was highway crashes. Of the 1,491 American workers who died as a result of injuries sustained in job-related highway crashes, two-fifths were employed as truck drivers.

Texas workers who are injured in highway crashes while “actually engaged in the business or affairs of the employer” are eligible for workers’ compensation benefits. Whether a worker is “actually engaged in the business or affairs of the employer” can sometimes be a tricky question. A truck driver who is transporting goods or a pizza delivery person who is delivering a pizza and is injured in a highway crash is most likely “actually engaged in the business or affairs of the employer” for purposes of entitlement to workers’ compensation benefits.

Whether the same holds true for an employee who has no fixed place of work is another question. One example of a worker who has no fixed place of work is a traveling salesman. For traveling salesmen, the general rule is that once they take to the road, workers’ compensation benefits extend for just about every injury, even when socializing, drinking, and salesmanship mix.

But this rule doesn’t cover other workers who have no fixed place of work, such as traveling nurses and traveling consultants. Whether these workers were “actually engaged in the business or affairs of their employer” when injured will depend on the facts surrounding the accident.

This question gets even tougher when a person has a fixed place of work but runs out to do an errand. If the trip is specifically directed by the employer or the trip is contemplated as part of the services to be performed on the premises, coverage is usually extended. For example, if your employer asks you to pick up a parcel at the post office and you are injured en route, you are most likely covered by workers’ compensation. The outcome of each case will depend on its particular facts.

If you are injured in a work-related highway crash, you should contact a lawyer immediately to determine whether the facts surrounding the occurrence of the accident entitle you to workers’ compensation. In addition, if you were injured because of the negligence of another driver, you may have a separate case against the other driver which might entitle you to pain and suffering damages. Texas auto insurance law is very complex and confusing. If you were injured by the negligence of another driver while you were driving a commercial vehicle, it is more likely than not that you will be able to recover pain and suffering damages from the other driver. However, if you were driving your own car and you have “limited tort,” you may not be entitled to pain and suffering damages.

Free Consultation
If you, or someone you care about, have suffered a work-related injury, you can contact our law firm for a free consultation of your claim by calling our law firm from anywhere in the United States.

We will answer your questions without charge and there is no obligation to use our services. And, there’s never a fee unless we get money for you.

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