General

Nursing Home Negligence & Elder Abuse

There are over one million reports of elder abuse by nursing home staff each year in the United States. This number is growing rapidly due to the expansion of the elder population. Approximately 34 million people who are now over the age of 65 need assisted living services. According to numerous studies reported by the National Center for Elder Abuse, the most common type of elder abuse is the general neglect of basic needs. The second most common type is intentional abuse including physical, mental and sexual abuse.

General neglect occurs when the staff has a lack of interest for the well being of the elderly. This form of neglect can also lead to more serious forms of disorders such as bed sores. Bed sores are ulcers caused by a constant amount of pressure on a specific area of the body. Bed sores vary in severity, often first appearing as persistent red areas on the skin. If left untreated, these sores can develop ulcers that reach the muscle, bone or tendon. The elderly have a higher risk of developing bed sores due to thin skin, malnutrition and poor circulation. This type of neglect is easily preventable, but reversing the damage becomes increasingly difficult if bed sores are left untreated.

When faced with nursing home abuse and/or nursing home negligence, residents and family members are often left feeling confused and angry over the violation of trust by these facilities. Consulting our attorneys who specialize in uncovering elder abuse can help you regain your power by protecting your legal rights.

Your ability to recover damages and the amount of your recovery will depend in large part on the strength and reputation of the law firm you select to handle your case.

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Medical Malpractice

Medical Malpractice

Medical malpractice (also called medical negligence) occurs when a doctor or hospital fails to treat a patient within the acceptable standard of medical care. Medical malpractice cases are very complex and among the most difficult cases to prosecute successfully. Many states have placed serious limitations on pursuing these cases. Also, there is a false climate encouraged by the insurance industry that paints victims who sue a doctor or hospital as disgruntled money seekers who are driving up the cost of health care. In truth, the reason people file medical malpractice cases or medical negligence cases is simply because there is negligence on the part of some doctors and hospitals. The entire cost of these malpratice lawsuits, including the awards to victims, is less than 2% of the cost of health care.

Despite the difficulties, our firm has represented victims of medical negligence for many, many years. We carefully investigate and screen potential cases. Before filing a medical malpractice complaint in court, we have the case reviewed by at least one expert (and sometimes more than one), usually a Board Certified physician who reviews the medical records and provides a written opinion saying what a doctor or hospital did or didn’t do and whether it fell below the medical standard of care and caused injury to a patient.

If you believe that you or your loved one has been the victim of medical malpractice or medical negligence by a doctor or hospital, please contact our office for a review and evaluation of the potential claim.

Your ability to recover damages and the amount of your recovery will depend in large part on the strength and reputation of the law firm you select to handle your case.

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Distracted Drivers

Help Us Prevent Distracted Driving

Texas has joined the efforts of many states to ban texting and cell phone use while driving by implementing a new “No Texting While Driving” law. A person may be stopped and cited for using his or her cell phone while driving unless they are using a hands-free device.

Beginning on Friday September 1st, texting while driving within the state of Texas will be punishable by a fine of $25-99 for first-time offenders, and $100-200 for repeat offenders (though no points will be assigned). The new law also states that if an accident caused by texting and driving results in the death or serious bodily injury of another person, they can be charged with a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year (in addition to any other charges/punishments).

Additionally, Texas forbids drivers from using hand-held communication devices (phones) in school zones, and Texas law states that school bus drivers and all drivers under 18 must refrain from texting or making telephone calls while driving—even with a hands-free device

 

The Ban States:

  • Drivers cannot: “Manually type or enter text into a cellular telephone or other handheld wireless communications device, or send or read data using any such device to access or search the Internet or to engage in non-voice communications with another person, including, without limitation, texting, electronic messaging and instant messaging.”
  • Drivers cannot: “Use a cellular telephone or other handheld wireless communications device to engage in voice communications with another person, unless the device is used with an accessory which allows the person to communicate without using his or her hands, other than to activate, deactivate or initiate a feature or function on the device.”

According to Texas Department of Transportation, there are more than 3,500 distraction-related crashes throughout the state every year, with more than 60 deaths reported in the past five years. The emotional and physical impact of injuries caused by distracted drivers is serious. At our firm, we sue distracted drivers and are fully committed to helping you or your loved one get the compensation you deserve.

That’s why we say “Eyes Up, Phones Down.” We urge you to drive responsibly and we encourage you to take our pledge to eliminate distracted driving.

Statistics:

Read the Study

  • According to NHTSA data, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving in one year. (NHTSA)
  • Drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves.
  • Sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind.
  • Using a cell phone while driving – whether it’s hand-held or hands-free delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent.

Help Us Stop Distracted Driving

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