1/8/20 – Personal Injury / Injury of Nurses / Car Accidents / Horse Injuries / Medical Malpractice / Slip & Fall / Aviation Accidents / Nursing Home Abuse – gtg

=======================gtg

Nurses do their best in making sure that their patients get the best care possible. They also make sure that they do their jobs well, especially since peoples’ health and safety are in their hands. But nurses are people too. They are not superheroes who don’t need rest or sleep. With 12-hour shifts almost 3 to 4 times a week, it is not surprising that nurses feel some pain too.

As with other people who want to do their jobs well, some nurses tend to ignore the pain that they feel whenever they are working. Some nurses also feel depressed and distracted, especially if they get too attached to a patient who has died. Depression and body pains may not seem serious, but when these tend to interfere with how a nurse does his or her job, then it is a different story.

Nursing is ranked as one of the worst occupations for work-related injuries, and over half of that work-force will struggle with lower back pain in a year’s time.  There have been cases when a nurse has accidentally dropped a patient, or has given the wrong medicine, due to pain and being distracted. If this happens often, then nurses become a cause of illness and pain, instead of being the solution.

Of course, problems like these also cost the hospital management more money, making it worse for both nurses and patients alike. Nurses who have caused problems might even lose their jobs, which puts a strain on the disability and unemployment systems. It’s not surprising that researchers have focused on the financial cost of these injuries. Two recent studies, published in The American Journal of Nursing and Clinical Nurse Specialist, pays close attention to the relationship between injured workers and the health of their patients.

Researchers developed a questionnaire for registered nurses working at hospitals, asking them about their own health and the extent to which their injuries or illnesses might affect their work. Analyzing more than 1,000 responses, the researchers found that almost 20 percent of the nurses questioned had symptoms of depression, an incidence twice as high as for the general population. In addition, roughly three-quarters of the nurses experienced some level of physical pain from a muscle sprain or strain while at work.

The researchers then looked at the quality of the nurses’ work. A small percentage of nurses reported that they had made a recent medication error or that a patient had fallen while under their care. Adjusting the analysis to take into account how the nurses were feeling, researchers discovered that the risks of a patient fall or medication mistake increased significantly – by about 20 percent – the more a nurse was in pain or depressed.

Extrapolating the individual costs of these lapses in care to a national level, the researchers estimate that medication errors and patient falls that occurred as a result of nurses’ health issues incurred as much as $2 billion annually on the health care system.

“We have money bleeding out the back door because we don’t have a healthy work force,” said the study’s lead author and a registered nurse.

Unfortunately, there are not enough rehabilitation programs or funding to help temporarily disabled nurses. Administrators can help by increasing awareness of the connection between employee and patient health, fully staffing the workplace, shortening work shifts, providing care for injured nurses, and allowing time off to recover from injuries.

====================gtg

Whether you suffered a concussion in a bus accident on an Interstate, a physical attack, or a medication-related stroke, your brain injury has stirred up an urgent and terrifying crisis in your life.

Obviously, and most urgently, you must address the medical consequences (or potential consequences) of your accident, injury, or illness. Failure to take even a mild head injury seriously can lead to horrific repercussions. After all, neural tissues are extremely delicate and sensitive. Damage to tissues and brain structures may take weeks or months to manifest completely.

Dealing with the manifold problems associated with your brain injury is not a small task, even if you have tons of energy and can think crisply and solidly. But the brain damage may have affected your ability to remember, reason, communicate your feelings, think critically through your options, and more. It’s so frustrating: At a time in your life when you need your brain the most, you can’t rely on it as much.

So what can you do?

One good strategy is to rely on other people’s minds to “think for you.” For instance, instead of relying on yourself to crunch your family’s budget, pay the bills, etc., now is the time to ask your spouse to step up and take over that role over for you – or possibly to hire a trusted advisor or family member to relieve you of some or all of the responsibility.

Alternatively, think about how to outsource – and what to outsource. This is innately productive. Once you start brainstorming the tasks that you need done, you will generate more effective solutions. For instance, say your memory is more porous than it used to be. You may want to hire an assistant, reduce your workload, or find creative ways to avoid the “heavy lifting” kind of memory work that you used to do.

Perhaps you are a financial officer at a bank who slipped and fell while on vacation. After the fall, you discover that you are having a very hard time remembering data you need to make predictions for your investments. Now might be a good time to change your role at your company and take up a more managerial position.

Identifying Your Constraints

You might also find it helpful to identify the main constraints on your productivity, health, and happiness by using an exercise from the Theory of Constraints called “current reality tree.” Essentially, you take a problem you are facing as a result of your brain injury and ask what the root cause of that problem is. Then ask yourself what the root cause of that root cause is. And so forth and so on, until you establish a primary root cause. Then you and your family members and doctor and brain injury law firm can collaborate to solve that root problem. If done successfully, this procedure can wipe out multiple problems in your life at once.

======================gtg

================gtg
 

===================================gtg

.    

===================gtg

At the very least, accidents are traumatic. So much is happening and there is so much you need to do. The Department of Motor Vehicles (DMV) hopes this information will help you. Keep this information in your vehicle just in case you find yourself in an accident.

Were You Wearing Seat Belts?

Most drivers, no matter how carefully they drive, will be involved in at least one traffic accident during their lifetime. The chances of being injured or killed are greater than you might think. About one person in three will be injured or killed in a traffic accident. The best thing to increase your chances of surviving is to always use seat belts. Remember, you must wear both your lap and shoulder belt if the vehicle is equipped with both, even if the vehicle is equipped with air bags.

You and any passenger age six or older or who weighs 60 lbs. or more must wear a seat belt while the car is moving. If not, you may be given a traffic ticket. Also, you will be given the ticket if your passenger is younger than 16. A child passenger restraint system is required for any child under the age of six or who weighs under 60 lbs. Either a seat belt or a child passenger restraint system may be used for each person age six or older or who weighs 60 lbs. or more. 

Here are some additional tips for using a child safety seat:
The back seat is generally the safest place in the car for children 12 years old or younger. 
Babies up to 20 lbs. and about age one should ride in a safety seat secured to the back seat facing the rear of the car. Babies should not be placed facing forward or backward in the front passenger seat if the vehicle has a passenger-side air bag. 
Toddlers over 20 lbs. and about age one should ride in an approved safety seat in the back seat.

Common Causes of Accidents
Some of the common causes of accidents are:

Unsafe speed 
Driving on the wrong side of the road 
Improper turns 
Violation of the right-of-way rules 
Violation of stop signals and signs 
Numbered Traffic Lanes
When news stations report accidents, they refer to numbered traffic lanes. The left lane is the “No.1 lane.” The lane to the right of the No.1 lane is the No.2 lane, then the No.3 lane, etc. Here is an example.

If you hear of an accident, try to avoid driving near the accident. Take another route, if you can. If you must drive near an accident scene, do not slow down or stop to look–you may cause another collision. However, drive carefully and watch for people in the road. Always obey any order from a police officer or fire fighter even if you must ignore normal traffic laws or signs.

When You See An Accident
If you are the first person at an accident scene, pull completely off the road, away from the accident. Emergency personnel must be able to see the accident and stop next to it for easy access to injured persons. Check to see if anyone is injured. Also, search the area for victims who may have been thrown from a vehicle. They may be hidden in grass or bushes. 
Call 9-1-1. If another person stops to help, ask that person to call 9-1-1. The person calling 9-1-1 must be ready to answer questions and provide information, such as the location of the emergency (cross streets, freeway on/off ramp information) and how many people need help (is anyone bleeding, unconscious, or without a pulse). Don’t hang up! Let the emergency dispatcher hang up first. 
If possible, use flares or emergency triangles. However, if there is a gasoline leak or fumes do not use the flares and don’t smoke! 
Help anyone who is not already walking and talking. However, do not move an injured person unless he or she is in a burning vehicle or in other danger. Moving someone incorrectly often makes an injury worse. 
Move the vehicle(s) involved out of the traffic lane if it is not disabled. Turn off the ignition of wrecked autos. Again, don’t smoke! Fire is a great danger. 

Involved In An Accident?
If you are involved in an accident—STOP. If you don’t stop, you may be convicted of “hit and run” and could be severely punished. Also, someone could be injured and need your help. You must show your driver license, registration card, evidence of financial responsibility, and current address to the other driver or persons involved, or to any peace officer. If your evidence of financial responsibility is insurance, you must provide the company name and address as well as the policy number to avoid a citation and $250 fine.

You or your insurance agent, broker, or legal representative must make the following reports:

If someone is killed or injured, report the accident to the police or highway patrol within 24 hours of the accident. 
Also, report the accident to the DMV, if there is more than $750 in damage to the property of any person, or anyone is injured (no matter how slightly) or killed. The accident report form (SR 1) is available at DMV or highway patrol offices. The SR 1 report is required in addition to any other report made to the police, highway patrol, or your insurance company. 
If you hit a parked vehicle or other property, try to find the owner. Identify yourself before you leave. If you can’t find the owner, leave a note with your name and address (and the name and address of the owner of the vehicle you are driving) in the vehicle or securely attached to it. Report the accident without delay to the city police or, in unincorporated areas, to the highway patrol. 
If you kill or injure an animal, pull over to the side of the road and stop. Try to find the owner. If you can’t find the owner, call the nearest humane society or call the police or highway patrol. Do not try to move an injured animal and never leave an injured animal to die. 

How Much Insurance?

You must be financially responsible for your actions whenever you drive and for all motor vehicles you own. If not, you are driving illegally. Most drivers choose to have an automobile liability insurance policy as proof of financial responsibility. If you have an accident not covered by your insurance, your license will be suspended. If the driver is not identified, the owner of the motor vehicle involved will have his or her license suspended.

The minimum amount your insurance must cover is:

$30,000 for a single death or injury. 
$60,000 for death or injury to more than one person. 
$25,000 for property damage caused by one accident. 
DMV Accident Reporting
Each driver or the driver’s insurance agent, broker, or legal representative must make a report to the DMV if someone is killed or injured (no matter how minor the injury) or property damage is over $750. This report is required whether you caused the accident or not and even if the accident occurred on private property. Report the accident within 10 days on the SR 1. You can get this form from any DMV or highway patrol office. You can also download it from DMV’s web site (wwwTXDMV.gov).

Using the information you give in the accident report, DMV may ask the insurance company to verify that you had coverage in effect at the time of the accident. If you did not have the proper insurance coverage, your driving privilege will be suspended for one year. To get your license back, you will need to provide proof of financial responsibility and maintain it for the next three years.

Every accident reported to DMV by law enforcement will show on your driving record unless the reporting officer says another person was at fault. Every accident reported by you, or another party in the accident, will show on your record if any vehicle involved has over $750 in damage or if anyone is injured or dies. It does not matter who caused the accident. The law says DMV must keep this record.

Accident Recap
The following information will help you complete the SR 1 form. (Keep it in your glove box.) Do not use this information to replace the SR 1 form.

Your insurance company name/policy # 
Date & Time of Accident 
Location of accident 

NOTE: You must give your current address and show these documents to any peace officer or person involved in this accident:

Your driver license 
Your registration card 
Evidence of financial responsibility 
Your insurance company name/policy # 
You must give your current address 

Other driver information:

Driver’s date of birth 
Driver’s DL #/State 
Driver’s name & address 
Driver’s license plate #/State 
Driver’s insurance company name 
Policy # and expiration date 
Policy holder’s name & address 
Vehicle owner’s name & address 
Injuries or property damage 

Contact our Accident Lawyers if you have ever experienced a personal injury and think others are at fault for the accident. 

============================gtg

What is Equine Legal Liability? What does this mean?

Liability in the horse world comes in many different forms. It means that when you own horses, are involved in the training, leasing, boarding, selling, giving lessons with horses, driving carriages, giving sleigh rides, and more, you can be at risk for being sued if there is an accident involving your animals or clients, or even spectators.
If someone is injured, and you are found to be negligent, or at fault, in some way that is out of the ordinary, then you might be sued in court. This can be a very expensive process, even if eventually you win! 

The best way to avoid being in a position of being found negligent is to practice risk management strategies and SAFETY at all stages of your work. Some examples of risk management would be:

Fire prevention plans
Employee training in the event of an emergency
Visible directions to your location in the event a stranger has to call for emergency help
Fire extinguishers and alarms
Night checks of horses or other animals to be sure all is well before the long isolated evening hours
Plans for dealing with icy conditions in parking areas, walkways, and paddocks and pastures
Adequate and well maintained fencing
Lack of exposed nails, or other sharp objects or trash and abandoned machinery
Dogs: are they well mannered and will you allow visiting dogs
Well run lesson programs and safe lesson horses as well as tack or other equipment in good repair

One of the most common areas of contention is in lesson programs. This is where the instructor must be careful to avoid mistakes like mismatching horse and rider, using faulty equipment, or being unaware of the surrounding noises or distractions. Also instructors should be sure to determine the expertise level of their students. If the student is a beginner, then too often the basics of horse handling and safety are skipped. Likewise, the instructor shouldn’t teach beyond a level at which they are competent.

There are additional methods to help protect yourself if you are the equine professional or horse owner. 

The first is through use of a Liability Waiver. This is a form, usually custom made per horse operation, which states clearly that the signer of the form is about to enter into an activity that is inherently dangerous and that the risk of injury and even death is a possibility. To be effective, these forms should be tailored to whatever operation or event is using the form. In other words, a generalized form is rarely effective. Also, the form should contain specific language from the resident state’s Equine Liability Law Statue. The liability waiver is a complex subject and will be addressed fully in additional articles.

The Equine Liability Statues are designed to limit the liability of equine professionals and event organizers in the case of injury or death resulting from the inherent risks of horse activity.

Copies of your state’s liability statute can be ordered from many local Horse Councils or purchased online. These copies should be large and must be displayed in a prominent location or two. Also offered are warnings that inform spectators that they are in a dangerous area and are also limited from suing professionals in the event of injury. 

Finally, most professionals should carry insurance. Insurance can come in different forms. For instance, most owners of barns may have what is called liability insurance. This insurance protects the owner from suits arising from injury to people; for example, when a person is injured by a horse, bitten by a dog, or slips on ice. However, this is not sufficient insurance to protect a professional in the case of injury to the animals. If there is a fire, or perhaps a horse is released by an employee and injured, liability insurance will not be effective. In this case, one must have Care, Custody and Control insurance. This will protect the professional against injury to the horses themselves. Barn owners who allow instructors on their property may also be required by their own insurance companies to request that they be listed as Additional Insureds on the instructor’s policy. 

Enjoy and Safe Riding!!!

========================gtg

============gtg

================gtg

==========================gtg

======================gtg

=====================gtg

==================gtg

========================gtg

Our Personal Injury Law Firm handles medical malpractice cases that result in personal injury or wrongful death in Texas and surrounding Texas communities. Medical malpractice cases involve some of the most complicated legal and factual issues, and the injuries caused can be devastating. Not only can the physical consequences be severe, but medical malpractice also deals a severe blow to the faith, trust and confidence we place in medical professionals to perform their jobs with care and competence. Our firm works to hold doctors accountable for their actions and obtain a recovery that compensates the patient for the damages caused. Trust us for Justice with your medical malpractice claim.

Texas Medical Malpractice Law
Like other types of negligence, medical malpractice occurs when the defendant breaches a duty owed to the plaintiff that causes an injury and damages. A doctor is usually held to the standard of care expected of the average reasonable doctor in the community and in that doctor’s particular field of study. This standard may be violated when the doctor performs either negligently or incompetently. Common types of medical malpractice include: 

Misdiagnosis or failure to diagnose
Improper treatment or failure to treat
Continuing an ineffective course of treatment
Conducting the wrong surgery on the wrong patient or wrong side of the body
Leaving a clamp, sponge or another foreign object in the body following surgery
Misreading the patient’s chart
Prescribing or administering the wrong medicine
Failing to obtain informed consent before treating
Medical malpractice is not limited to doctors or surgeons but may be committed by any health care professional, such as nurses, radiologists and lab technicians, who owe a duty of care to the patient. A hospital or other health care facility may also be liable as an institution when reasonable procedures were not in place to properly supervise employees and make sure mix-ups and medical errors do not occur.

Medical Malpractice Defenses – Blame the Patient
Medical malpractice cases are vigorously defended by doctors, who face a loss of reputation, increased insurance rates, and possible disciplinary sanctions from the medical board if they are found guilty of malpractice. Doctors utilize many defenses, many of which focus on shifting the blame to the injured patient. They may claim that you did not fully or accurately disclose your medical history, that your injury is the result of a prior condition, that you did not report complications in a timely manner or properly follow the doctor’s orders after your procedure. It can sometimes be difficult to overcome such allegations when made in court by a medical professional, whom we generally trust and rely on to take care of us when we are sick.

Seek an Experienced Medical Malpractice Attorney for These Complicated Cases
Medical malpractice cases often involve complicated medical issues. Both sides generally present expert testimony regarding the proper standard of care and whether it was violated in the particular case. Just as important as the medical expert’s testimony is the ability of the lawyer to draw out that medical evidence in a way that is easily understandable by and persuasive to a jury. The attorneys at our Personal Injury Law Firm are experienced litigators who know how to prepare and present a complicated case to a jury. In Texas, contact our Personal Injury Law Firm for a free consultation regarding your medical malpractice claim.

==================gtg

At our Personal Injury Law Firm in Texas, we know that serious injuries can occur from a slip and fall, and we work to make sure that negligent property owners are held accountable for creating dangerous conditions on their premises, and that injured persons are compensated for their medical bills, pain and suffering, and other damages this negligence has caused.

Types of Slip and Fall Accidents
Property owners owe a duty to others who might come onto their property to maintain the premises so that they are safe and free from hazards. Broken stairs, including missing or broken handrails, bumps in the carpet, or unmarked steps, ramps, or inclines, are all likely to lead to accidents if not corrected. Outside, sidewalks that are cracked or broken can cause a trip and fall, and even sidewalks in good repair pose a hazard if they are left wet or icy. Where the condition is not obvious, the property owner fronting the sidewalk should either remove the dangerous condition or post a conspicuous warning of the danger.

Grocery stores and restaurants are particularly susceptible to food and drink spills in the aisles and walking paths. Whether caused by workers or customers, managers and other employees should be vigilant for such spills and take immediate steps to post a warning of the spill and clean it up as soon as possible. 

Shopping malls and department stores face all of these hazards and more. A defective escalator that suddenly stops could cause someone to fall forwards or backward. A malfunctioning elevator that stops above or below floor level can present a tripping hazard, while malfunctioning doors can open to empty shaft, causing a catastrophic injury or fatal fall.

Serious Accidents, Serious Injuries
A slip or a trip may not sound very serious, but a hard fall can and does cause serious injury. Common injuries include lacerations to the head and face, and broken wrists, ankles or hips. A serious head injury could also occur, including a traumatic brain injury with long-term repercussions.

Proving Slip and Fall Premises Liability
A key factor in holding the property owner liable is often whether the owner knew or should have known of the dangerous condition. This factor may itself turn on how long the dangerous condition existed before the accident happened. This is not always easy to determine, and forensic investigation techniques may be required, or the use of expert testimony regarding the industry standard for inspecting the premises and maintaining a safe environment.

Trust Us For Justice
The attorneys at our Personal Injury Law Firm are experienced in all types of personal injury and wrongful death actions. We know how to investigate a premises liability accident and prepare a case that proves the plaintiff’s injuries and the defendant’s liability. If you have been injured in a slip and fall on another’s unsafe property in Texas, contact our office for a free consultation.

============================gtg

======================gtg

Our Personal Injury Law Firm handles accidents of all kinds that occur in and around the Texas area, including aviation and aircraft accidents from private plane crashes to commercial airline disasters. Aircraft accidents raise a host of complex issues that must be skillfully navigated in order to obtain a successful recovery on behalf of the injured passenger or family members who lost a loved one in a plane crash.

Private Plane Owners May Not Be Insured
In most personal injury or wrongful death cases, damages are paid by the defendant’s insurance carrier. However, private plane owners are not required to carry liability insurance under either Texas or federal law. Even private plane owners or operators who voluntarily carry insurance may find their coverage voided for violating FAA regulations. 

Although a private plane owner may have the financial ability to pay the damages, enforcing a judgment against an individual where there is no insurance can be complicated and require the skills of an attorney knowledgeable and experienced in enforcing and collecting judgments.

Limited Liability of Aircraft Manufacturers
Congress has limited the liability that manufacturers of small private planes may have for accidents involving aircraft they have built. The General Aviation Revitalization Act (GARA) limits the ability to bring an action against a manufacturer if the accident occurred more than 18 years after the airplane or component part was built. This law has been broadly interpreted to limit liability not only for manufacturers but also for dealers, distributors and others in the airplane industry. 

There are exceptions under GARA where it is possible to hold the manufacturer liable, and GARA only covers certain sizes and types of planes. If you have been injured or lost a loved one in a private plane accident, be sure and contact an attorney with experience handling airplane accidents who understands the laws and how they apply.

Commercial Airline Accident Experience
Vaughn Fisher brought an action against ValuJet following the 1996 crash of Flight 592 in Florida that killed 110 people. Mr. Fisher successfully petitioned the Fulton County Probate Court to appoint an administrator for an unborn child who perished in the plane accident. This case demonstrated some of the many complicated issues that must often be dealt with in an airplane accident, including issues of venue, jurisdiction, and multi-district litigation. Mr. Fisher also worked through the Office of Foreign Asset Control to remove money to the family’s native country.

Trust us for Justice with Complex Issues, Complicated Cases
Aircraft accidents almost always involve complicated and complex legal matters, including issues such as forum non conveniens, international laws like the Warsaw Convention, the liability of lessors and government liability. Choose an attorney with broad experience in personal injury and wrongful death cases, including aircraft accidents. If you have been injured in an aircraft accident or lost a loved one in a plane crash in Texas or anywhere in the world, contact our Personal Injury Law Firm for assistance.

==================gtg

Nursing home negligence can cause serious injury or death to aged or dependent adults, and the attorneys at our Personal Injury Law Firm in Texas dedicate themselves to stopping, preventing, and remedying the tragedy of elder abuse and neglect. Trust us for Justice in your nursing home negligence case. According to Texas law, elder abuse is the intentional or negligent infliction of physical pain, injury or mental injury. Neglect includes the failure to provide food or medical care reasonably necessary to sustain the life and health of a vulnerable adult. Nursing home abuse and neglect can manifest themselves in a number of ways.

Look for Signs of Abuse and Neglect
Unexplained bruises, sprains, or fractures may be signs of physical abuse if they are not adequately explained. Any resident fall or other injury should be documented in an incident report.
Bruises occurring at the same place on both sides of the body may be an indication that the resident was grabbed forcefully or held down.
Bruises, marks or abrasions around the wrists or ankles are likely evidence that the resident has been placed in physical restraints, a practice which is generally illegal unless authorized.
Bedsores are a common sign of neglect, as well as unexplained or rapid weight loss.
Confusion and disorientation are common effects of dehydration or malnutrition if the resident does not have a diagnosed medical condition such as Alzheimer’s which would explain this state. Similarly, a resident who shows signs of depression, anxiety, or fearfulness may be suffering from emotional, psychological, or verbal abuse.

If You Have Been Abused or Suspect Abuse of a Loved One
It is important to document the abuse you have witnessed or experienced. If possible, take photographs of your injuries, noting the date they were taken. If you suspect abuse, whether an isolated incident or a pattern of abuse, you may want to speak to the director of the facility. However, be prepared for the management to get defensive and deny any abuse or neglect. They may claim that an injury is the result of an unpreventable fall, or that confusion or disorientation is age-related and not due to neglect.

If the facility is non-responsive, hostile or defensive, more formal action will be necessary. One option is to file a complaint with the Long Term Care Ombudsman at the Texas Commission on Aging. However, consider that there are thousands of individuals in dozens of facilities across the state, and the government can sometimes be slow to respond and act on your complaint. If you or a loved are being abused, you want it to stop now. Hiring an experienced personal injury attorney can help put an immediate end to the abuse or neglect and also help you obtain compensation for the damages caused by the nursing home’s wrongful conduct. Legal action is also an effective way to force changes in an institution’s management and training practices so that further abuse or neglect does not occur to you, your family member, or other residents. In Texas, contact our Personal Injury Law Firm for a free consultation regarding your rights and options regarding nursing home negligence.

===================gtg

==================gtg

 

No comments yet Categories: Blog

Leave a Reply