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Personal Injury Law

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Last Entry: May 12, 2010 at 12:48:44

Medicare Stops Paying for Medical Errors

Posted on October 02, 2008
In August our topic was on surgeries and I posted on Medical Errors that should not happen but unfortunately still do. Medicare has now implemented a list of “never events” they will no longer pay hospitals for when patients are injured in their care...

Nursing Homes Making Money while Providing Less Care

Posted on September 30, 2008
A recent New York Times article exposes some scary numbers regarding nursing home care. They report 94 percent of for-profit nursing homes were cited for deficiencies of care last year. This raises the question: how are these nursing homes making their profit? Are they charging more because they give better care or are they making a profit because they are skimping and cutting corners on the quality of care they provide? Daniel R...

Retaliation Claims or Whistleblower Claims for Nurses

Posted on September 26, 2008
In handling cases against nursing homes and hospitals, I have deposed some incompetent nurses but I have also deposed some very knowledgeable and skilled nurses. I have nurses in my family who I know care very much about their patients and are dedicated to an often physically and mentally challenging job...

Elder Abuse: "Everyone's Business"

Posted on September 23, 2008
Most people are aware of Child Protective Services and the duty of doctors, caregivers and others to report suspected child abuse and/or neglect. It is unlikely, however, that the same people know about Adult Protective Services or that the same duty exists to report suspected elder abuse and neglect...

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First Federal Crane Regulations In Over 30 Years

Posted on September 19, 2008
A couple of weeks ago I discussed a few of the OSHA requirements for crane operations. Now it is being reported that the U.S. Department of Labor will release the first crane regulations since 1971. For example, these regulations will require certification tests for crane operators...

Texas Medical Board Disciplines Physicians

Posted on September 15, 2008
The Texas Medical Board has disciplined 48 physicians. This was a lot less then in 2006 when Texas reported the most in history which was 99 physicians was disciplined. With caps limiting lawsuits to correct the behavior of physicians, it becomes imperative for the Texas Medical Board to be active in its pursuit of disciplining physicians who have unsafe behavior...

Caps in Medical Malpractice

Posted on September 13, 2008
A recent article in Forbes magazine by David Hyman provides a good explanation as to what is wrong with having caps on noneconomic damages in Texas. He and three other law professors did a study on the effects of 2003 noneconomic caps in Texas. The study concluded: "overall payouts in tried cases will decline by 27% and payouts to employed living plaintiffs will decline by 15%...

State Regulatory Agencies Should Be Held Accountable

Posted on September 12, 2008
Two sisters suspected their aunt was being abused by staff at Emily P. Bissell Hospital, a state-run nursing home in Wilmington, DE, and installed a concealed camera, also know as a "Nanny Cam". What they learned confirmed their worst fears of physical and mental abuse...

Never Say Never: Medical Errors That Should Never Happen, But Still Do

Posted on September 05, 2008
A few weeks ago, I wrote a blog about a San Antonio woman whose doctors performed knee surgery on her good knee. Needless to say this unfortunate event is a very serious medical error, so much so it is a type of medical error also known as a "never event...

More On Cranes

Posted on September 04, 2008
Due to the exorbitant amount of crane accidents, with Texas leading the nation in crane fatalities, the Texas Department of Insurance, Division of Workers' Compensation is stressing safety precautions to all employees and employers. They also recommend employers to be proactive regarding more frequent crane inspections...

MEDICATIONS YOUR OWN DOCTOR WON'T TAKE

Posted on August 26, 2008
I found an interesting article from MSN Health & Fitness regarding Eight Drugs Doctors Would Never Take. Most interesting to me was that two of the drugs listed were drugs I've taken in the past and never had any idea I shouldn't have taken them. More importantly -- they are still on the market and you may also be taking them...

Work Related Deaths Rise in Texas in 2007

Posted on August 22, 2008
In Texas for 2007 there were 527 work-related deaths, increasing from 489 deaths in 2006. Transportation incidents which involve cars, trucks, trains, boats and airplanes and other airborne vehicles are the majority of the work related deaths at 192...

Pilot Program to Ban Cell Phones in Certain School Zones

Posted on August 13, 2008
With back to school starting in less than two weeks, council members are trying to get a pilot program banning cell phone use in school zones passed. The pilot program has been scaled back from it's initial proposal. San Antonio Council Member, Justin Rodriguez, originally proposed a cell phone ban in all school zones in San Antonio...

Surgery Gone Wrong

Posted on August 13, 2008
In a blog last week, I discussed Medical Errors. I discussed operating on the wrong body part or the wrong side of the body. Below is a part of my blog: Organs can be punctured and surgeries can be performed on the wrong body part or wrong side of the body...

Understaffing in Nursing Homes

Posted on August 08, 2008
The Long Term Care Community has issued a very informative health care policy brief which is full of well reasoned arguments for passing legislation to require nursing homes to mandate minimum staffing levels. Texas does not have legislation which mandates the minimum staffing levels and legislation is needed to protect these vunerable people...

Medical Errors

Posted on August 07, 2008
Since Injury Board is dedicating the month of August to surgeries I thought medical errors would be a good topic. Medical errors should not happen but occasionally they do and the injured should be compensated. There are several reasons medical malpractice lawsuits are filed...

The Dirty Dozen Traps in Tort Law

Posted on August 06, 2008
As I was going through my mail today I came across our Subpoena Newsletter generated from the local San Antonio Bar Association. I found some interesting facts and reminders to share regarding "the dirty dozen traps in tort law": 1. Do not settle with a third party defendant without prior written consent from the UIM carrier: 2...

Text Messaging Concerns

Posted on August 01, 2008
Texting while driving - I'm guilty of it. Furthermore, I am more guilty of talking on my cell phone while driving. This morning on the way to work, talking on my cell phone, not paying attention, changing lanes on the highway and almost side swiping another vehicle...

Uninsured Motorists - Get Them Off The Road

Posted on July 31, 2008
This summer in Austin, Texas, one of four drivers stopped for traffic violations have been uninsured. I am an insured driver, so, of course, I find this amazing that individuals will travel on our busy highways uninsured. The minimum amount of insurance required for Texas drivers went up this spring for the first time in 22 years...

Sex Offenders in Nursing Homes

Posted on July 28, 2008
In USA Today, there is an article discussing the movement to require nursing homes to notify residents if there is a sex offender living in the nursing home. This is legislation that Texas needs to pass requiring notification of sex offenders that are living in nursing homes...

Digitek (Digoxin) -- Treatment for Congestive Heart Failure and Abnormal Heart Rhythms Voluntarily Recalled

Posted on July 24, 2008
Congestive heart failure (CHF), or heart failure, is a condition in which the heart can't pump enough blood to the body's other organs. Abnormal heart rhythms (arrhythmias) are sequences of heartbeats that are irregular, too fast, too slow, or conducted via an abnormal electrical pathway through the heart...

DON'T BECOME A VICTIM OF A SURGICAL ERROR

Posted on July 21, 2008
You can have the best surgeon in the world and mistakes still happen. Check out these headlines: · Minnesota doctors remove the healthy kidney of a cancer patient while leaving the diseased one behind; · California doctors remove the appendix of the wrong patient; and · One of the most experienced surgeons in a Boston, Massachusetts, hospital operates on the wrong side of a patient...

Heparin Overdose

Posted on July 11, 2008
At least 17 babies were given an overdose of the pediatric version of Heparin in Corpus Christi . An autopsy is planned on a newborn to determine whether an overdose of the blood thinner heparin may have been a factor in the baby's death. Additionally, two members of the Christus Spohn Hospital South's pharmacy staff have taken voluntary leave, pending an investigation...

Allstate Worst Insurer

Posted on July 10, 2008
Allstate ranks as the worst insurer for consumers. Surprise, Surprise! "While Allstate publicly touts its 'good hands' approach, it has instead privately instructed its agents to employ a 'boxing gloves' strategy against its policyholders," said American Association for Justice CEO Jon Haber...

What Cities Are the Safest to Drive this Fourth of July Weekend?

Posted on July 03, 2008
Car Accidents and July Fourth weekend go hand and hand. It is known as one of the deadliest in terms of car accidents. Some cities fare better than others in terms of collisions and how often they happen. Allstate has ranked car safety to national accident rates...

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Posted on July 01, 2008
Originally posted at InjuryBoard by Beth Janicek

Employees Watch Mental Patient Die and Do Nothing

Posted on July 01, 2008
A 49-year old psychiatric patient waits for over 24 hours to get treated at the Kings County Hospital in Brooklyn , New York and dies in the waiting room. She was put in a chair, waiting for a bed to become available, when she fell to the floor. Patients were sitting in the same waiting room and did nothing to come to her aid...

HEPARIN, CONTAMINATED HEPARIN and HEPARIN-INDUCED THROMBOCYTOPENIA

Posted on June 26, 2008
I have been discussing in my recent blogs Heparin, Heparin contaminated products and HIT. The FDA has come up with the following helpful Q & A to help educate the public. The following are some important questions posted by the FDA: 1...

Medication Abuse in the Elderly by Nursing Homes

Posted on June 25, 2008
A recent New York Times article is criticizing the use of antipsychotic drugs for patients with dementia. The drugs have not been approved by the FDA to treat dementia but are often prescribed for "off label" use by physicians. The use of antipsychotic drugs to control agitation and combative behavior of dementia patients has in the increased in the elderly...

HEPARIN SODIUM INJECTION MANUFACTURED BY BAXTER

Posted on June 24, 2008
I have recently made several posts regarding Heparin Induced Thrombocytopenia (HIT and/or HITT). As I am handling several cases related to HIT and/or HITT, in my research I have found several informative articles related to Heparin and it's uses in medical treatment...

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