Attorney Blog

Nursing Home Abuse | Malpractice Laywer

jash@jrlawfirm.com (Blog Author)28127 — Fri, 12 Mar 2010 08:00:00 EST

The Most Common Disease in Nursing Homes

Nursing homes have standards to uphold when caring for patients. Many nursing home residents have ailments that vary. However, how can a resident acquire new diseases when they are being treated for diseases they already have?

What is a nursing home disease?

Many people associate nursing home disease with cases that may have helped them become admitted. Alzheimer’s, Parkinson’s, and skin diseases are all leading illnesses that prompt family and friends to admit a loved one into a nursing home. However, many nursing home residents are becoming ill from nursing home-related diseases. According to Emedicine.com, pneumonia is considered to be the most common disease. Many times, it can come from nursing home neglect.

Signs of Nursing Home Abuse and Diseases

Residents may complain of fever, cough, or chest pain as some symptoms of a disease in a nursing home. Residents who had chronic bronchitis may be especially prone to catch pneumonia. Merck.com states, physically, residents may not be able to fight off this disease and can die if they have other complications that help spur the spread of pneumonia.

At Rasansky Law firm, we are dedicated to being an advocate for elderly individuals who suffer from a contacted disease in a nursing home. If you feel that this nursing home abuse is due to negligence, do not hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Birth Control Side Effects | Product Liability Lawyer

forms@jrlawfirm.com (Blog Author)28126 — Fri, 12 Mar 2010 08:00:00 EST

Do You Know All of the Birth Control Pill Side-Effects?

For over 40 years the pill has been an incredibly popular form of contraception for many women worldwide. According to Wikipedia, over 100 million women take the birth control pill, including nearly 12 million American women. There are many reasons for the pill's popularity over the years including its relative ease of use, low failure rate when used correctly, and the sense of empowerment it gave to women over their own bodies. Unfortunately, the effects are not all positive; there are also some very dangerous birth control pill side-effects for women to be aware of.

As outlined on bodyecology.com, among the terrifying list of possible consequences for birth control pill users are a higher risk of cervical and breast cancer, higher risk of heart attack and stroke, high blood pressure, gallbladder disease, infertility, benign liver tumors, loss of bone density, and increased risk of blood clots. Even more frightening is a recent article on BNET which explains that the current product labelling for the birth control pill is horribly outdated and does not reflect the newer findings about the increased cancer risks for users of the pill. This lack of information causes many women to feel safer with their contraception choice than they probably should feel.

Of course there are pros and cons to each form of birth control currently on the market, but women must keep in mind that the pill is a drug and like all dangerous drugs, it can have hazardous side-effects. If the birth control pill has negatively affected your health you should speak with an attorney. We deal with product liability cases and will assess your case for free.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Fatal Southlake Corolla Crash Not Related To Recent Toyota Recall

forms@jrlawfirm.com (Blog Author)28012 — Wed, 10 Mar 2010 08:00:00 EST

Southlake, Texas, police have concluded their investigation of a fatal Toyota Corolla crash and say that the Texas car accident was not caused by a malfunctioning accelerator. While a number of Toyota models have been recalled in the past three months due to defective gas pedal issues, the Toyota Corolla involved in this TX car wreck was not part of any such recall – while 2009 and 2010 Corolla were affected, the 2004 Corolla was not.

Southlake Police said that 77-year-old Waynoka Ricord was driving home from her job at Dallas/Fort Worth Airport when she veered off of the road and struck a tree. Although she was rushed to Regional Medical Center at Grapevine, she died of blunt force trauma to her chest.

Since mechanical problems have been ruled out of the accident, investigators are unsure of what caused the late-night Southlake car accident. Her death has been ruled an accident.

Frisco Child On Way To School Struck And Injured In TX Pedestrian Accident

forms@jrlawfirm.com (Blog Author)28011 — Wed, 10 Mar 2010 08:00:00 EST

An 8-year-old Frisco, Texas child was struck by a car on his way to school early on Monday. Frisco Police told reporters that the child stepped into traffic at the intersection of Twin Falls Drive and Pleasant Valley Lane and was hit by a southbound vehicle. They do not believe that the car was speeding in the 30 MPH zone and have not filed any charges. The motorist stopped and assisted the boy while waiting for emergency help.

The accident took place a few minutes before 8 am.

The boy suffered serious but non-life-threatening injuries in the Texas pedestrian accident. He was airlifted to Children’s Medical Center Dallas after being stabilized by the Frisco Fire Department. The boy was on his way to Izetta Sparks Elementary School.

The boy, a minor, was not identified and the details of his TX pedestrian accident injuries are unknown.

Tiny Tink Jewelry Sets Recalled Due To Dangerous Lead Content

forms@jrlawfirm.com (Blog Author)27413 — Fri, 26 Feb 2010 08:00:00 EST

Even more defective and dangerous children’s toys are being recalled by the U.S. Consumer Product Safety Commission because of unsafe levels of lead. This week the CPSC and toy company Playmates Toys announced a voluntary recall of Tny Tink and Friends jewelry sets. The sets contain a charm container that was tested as having more lead content than is considered safe by the federal government: 300 parts per million.

Although there have been no reported child injuries in relation to the high-lead toys, the toy company recommends that those who own the toy discard the charm container and contact the company for a replacement. The toys, which were made in China, cost between $6 and $8 and were sold nationwide from November of 2008 to November of 2009.

This recall follows a host of children’s toy lead content recalls in the last year and a half, including a large recall of Thomas & Friends tank engine train sets.

Methodist Minister Seriously Injured In Bandera Motorcycle Accident

forms@jrlawfirm.com (Blog Author)27412 — Fri, 26 Feb 2010 08:00:00 EST

A man riding motorcycles with his son was critically injured on FM 337 in Bandera, Texas. The Texas Department of Public Safety reported that Everette Boyce Junior, the pastor of United Methodist Church in Bandera, lost control of his motorcycle and swerved into a ditch off of the right side of the road. He then overcorrected his 2006 Yamaha bike and crashed, landing in the middle of the highway.

When his son, Stephen Saenz, turned around to check on his dad, he was nowhere to be found. Saenz then doubled back and found his father lying in the road. Emergency responders airlifted the injured rider to University Hospital in San Antonio. He was treated in the intensive care unit for broken bones, cracked ribs, internal injuries, and back injuries. He was wearing a helmet at the time of the motorcycle accident.

A few days following the TX motorcycle accident, Boyce was reported to be responsive and in stable condition.

Splendora Woman In Critical Condition After High-Speed Motorcycle Crash

forms@jrlawfirm.com (Blog Author)27312 — Thu, 25 Feb 2010 08:00:00 EST

A high-speed police chase involving a stolen motorcycle resulted in a serious injury on Tuesday morning near Cleveland, Texas. Police say that Woodbranch Village police attempted to pull over the motorcycle just after midnight due to an obscured license plate. When the motorcycle did not stop, a police pursuit began.

During the chase, 33-year-old Houston resident Glen Gerald Geanes II drove his bike recklessly with 18-year-old Victoria Parks as his passenger. When the bike was going approximately 120 miles per hour, the woman was ejected from the motorcycle. She was transported to Memorial Hermann Hospital in Houston’s Texas Medical Center where she remains in critical condition with head and body trauma.

Geanes, who was also transported to the hospital with serious injuries, was found to be riding a stolen motorcycle and carrying a stolen handgun. In addition to possession of a stolen firearm, possession of a stolen vehicle, and evading police, he could also be facing other charges as well.

Air Bags | Automobile Defect Lawyer

forms@jrlawfirm.com (Blog Author)27256 — Wed, 24 Feb 2010 08:00:00 EST

When Should Airbags Deploy?

Ever since the automobile were first manufactured, seatbelts were primarily the main factor in car safety. Nowadays, all cars are equipped with airbags that inflate upon impact to save lives. Consequently, there have been cases where airbags malfunctioned. In 1998, new cars sold in the U.S. were required to have airbags installed on both the driver and passenger sides of the vehicle. However, many question when should airbags inflate.

Facts behind when Should Airbags Deploy

When a vehicle accident occurs, the momentum of the vehicle’s contents continues to move with the same speed the car was going. In turn, airbags are designed to inflate within a fraction of a second after a vehicle accident to slow the speed of passengers before they hit the steering wheel or dashboard. According to Autoinc.com, there are certain requirements that must be met immediately after a vehicle accident.

1. Frontal impact must be within a 60-degree window and occur within 30 degrees from the automobile’s centerline.
2. The vehicle accident forces are equal to hitting an unmoving object at minimum speeds of 10-15 mph.

Since a vehicle accident happens in a span of approximately one-eighth of a second, the airbags must deploy between 15-20 milliseconds after impact. To provide a protective cushion, airbags inflate at speeds of up to 200 mph within around 30 milliseconds after the vehicle accident. Afterwards, the car’s occupants contact the deployed airbag within approximately 45-50 milliseconds after an accident.

Throughout recent years, there have been cases of airbags that didn’t inflate or deployed at odd times. According to Howstuffworks.com, there are concerns one should consider with airbags.

• Airbags can easily injure or kill children 12 years old or younger.
• Sitting too close to the steering wheel or dashboard can cause injury or death to vehicle occupants.
• Make a careful decision before deactivating your vehicle’s airbags.

Rasansky Law Firm is dedicated to being an advocate for individuals who suffer injuries or death from faulty airbags. If you feel that an airbag malfunctioned due to design flaws, do not hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Surgery Error | Medical Malpractice Lawyer

forms@jrlawfirm.com (Blog Author)27255 — Wed, 24 Feb 2010 08:00:00 EST

What Surgical Mistakes Do Doctors Make?

Medical malpractice is one of the worst medical problems a patient can experience. Medical malpractice is defined as professional negligence by either act or omission on the part of a health care provider in which the care deviates from the accepted standards of practice in the medical field and it causes injury or death to the patient.

One area of medical malpractice that is common today is surgical mistakes. Surgical mistakes can cause serious injury or even death to the patient involved in the procedure, which can cost the doctor, his practice, or the hospital millions of dollars in lawsuits.

Surgical mistakes can include any of the following:

• Wrong-site surgery -- operating on the wrong part of the body
• Wrong surgical procedure -- amputating the wrong body part
• Surgical instrument left in the body -- scissors, knives, gloves, rags
• Surgery unrelated to the patient's diagnosis
• Wrong patient surgery
• Damage from a planned surgery -- the risk of the surgery was explained prior to surgery but this damage was not listed as a risk

An article in the Tampa Tribune claims that since 2003 the state of Florida’s Board of Medicine has disciplined 42 doctors for surgical mistakes and in that same span medical centers reported 280 wrong site or wrong patient procedures.

Surgical mistakes are rising across the country, even though patients are signing consent forms prior to having the surgery performed, which outline the procedure that will take place. Some surgical mistakes can be life threatening or they can be detrimental to the person’s health or overall well being since the patient will need to learn how to live after the mistake has been made.

If you , or someone you know, has been a victim of medical malpractice, fill out our form today.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Metoclopramide Side Effects | Tardive Dyskinesia Lawyer

forms@jrlawfirm.com (Blog Author)27253 — Wed, 24 Feb 2010 08:00:00 EST

Metoclopramide has been used for nearly 30 years to treat digestive tract conditions such as heartburn, nausea and delayed stomach-emptying. The drug increases muscle contractions in the upper digestive tract, accelerating the rate at which the stomach empties into the intestines. About 2 million people in the United States use Metoclopramide (under the brand name Reglan) to control their digestive disorders, according to TardiveDyskinesia.com.

Metoclopramide can be injected into the body or taken orally (as a pill or a syrup). Though it has proven effective at treating acid reflux, morning sickness in pregnant women and slow gastric emptying in diabetics, Metoclopramide should not be used for more than 90 days. A signature side effect of the drug is a disorder called tardive dyskinesia, which is characterized by repetitive, involuntary movements. There is no known treatment for tardive dyskinesia, and the symptoms—rarely reversible—often continue even after the Metoclopramide use is discontinued.

In February 2009, the U.S. Food and Drug Administration ordered that a new black box warning be added to all Metoclopramide drugs about tardive dyskinesia risks. Since the dangers of Metoclopramide were first discovered in 2004, dozens of lawsuits have been filed by people who allege that drug manufacturers and the medical community should be liable for the potentially dangerous side effects associated with Metoclopramide.

Rasansky Law firm is an advocate for patients with product liability claims. If you have developed tardive dyskinesia, you may be entitled to file a Metoclopramide lawsuit; please fill out our free case evaluation form and our team will gladly review the facts of your case.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Negligence | Nursing Home Neglect Lawyer

forms@jrlawfirm.com (Blog Author)27252 — Wed, 24 Feb 2010 08:00:00 EST

How to Get a Nursing Home Resident to Speak Up on Nursing Home Abuse

The National Center on Elder Abuse states that between one and two million seniors are abused in a nursing home every year.

The first thing to consider in this type of case is the mental and physical condition of the senior who is possibly being abused. If the parent is still rational and understands that she is being abused, then you will have to take a more direct and logical approach to nursing home abuse.

Two Web sites have published tips on what to do if a person becomes the victim of abuse, from a male and female perspective. These are general tips on abusive relationships but can also help in nursing home abuse.

Woman Abuse Prevention Tips

• Assure her that you believe her story.

• Listen and let her talk about her feelings.

• Physical safety is the first priority. If you believe she is in danger, tell her. Help her plan an emergency (but legal) exit.

• Give clear messages saying that violence is never okay or justifiable nor does she cause the abuse. Apologies and promises will not end the violence.

MedicineNet also provides a couple of tidbits for “abused men” that also correspond to nursing home abuse cases and the injury to elderly men.

• Document everything (even if it’s a minor “explainable” injury).

• Get counseling for the abused person and get legal advice.

E-How also offers one great piece of advice for concerned family members: “Be present: The best way to make sure that your love ones are safe is, to visit often.”

If there is no confession on abuse you should ask the senior where how he got specific injuries on his body. If the story is far-fetched then it may be apparent that she is hiding something about daycare abuse. When a resident speaks up about abuse he is calling out for help. Have a game plan of how and when to remove the senior from the dangerous nursing home.

You might also ask the senior where and how he got specific injuries on his body. If the story is far-fetched, then he may be hiding something about daycare abuse. When a resident speaks up about abuse he is calling out for help. Have a game plan of how and when to remove the senior from the dangerous nursing home.

In some situations you will have to take control of the situation. If the aging relative is refusing to cooperate or if the senior is suffering from dementia, then she may not fully understand what is happening and so it’s important that you take action. You can certainly try to appeal to the senior’s emotions and try to help the resident speak up about abuse. For example, some seniors will admit to having negative or scared feelings towards staff members even if they have lost their concept of time. If this does not work however, you may have to confront the nursing home staff yourself as AARP.org suggests. If you see signs of minor abuse instances, then make a complaint about the staff member in question to a supervisor and share your concerns about retaliation from that staff member.

If the nursing home is unwilling to help, or if your parent is showing any signs of severe nursing home abuse, then it’s time to remove the parent from the danger zone and seek legal counsel. If you have evidence of your parent suffering nursing home abuse then it’s likely that you have a lawsuit on your hands. Contact the Rasansky Law Firm at 1-800-ATTORNEY and tell your story.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Daycare Abuse | Daycare Abuse Lawyer

forms@jrlawfirm.com (Blog Author)27251 — Wed, 24 Feb 2010 08:00:00 EST

Combating Against Daycare Abuse

There are literally thousands of daycares all across the country. However, daycare abuse is also rampant throughout these centers. There are state and federal laws that can help you combat daycare abuse. The Child Abuse Prevention and Treatment Act help supply states with funds to support the prevention, investigation, prosecution, and treatment for children and their families. They also supply grant money to nonprofit organizations and public agencies for various projects and programs.

Are there ways to tell if a child is abused in a daycare?

Whether victims are emotionally, physically, or sexually abused, there are several ways to determine daycare abuse. There may be behavioral changes that can be detected. Here are some examples of daycare abuse signs:

• Emotional - Avoiding affection, displays more affection than normal, extreme behavior changes, child appears to talk less.

• Physical – Excessive crying or fighting when entering the daycare center, bruises, abrasions, burn marks, broken or fractured bones, bite marks, and reoccurring injuries.

• Sexual – Pain, bleeding, bruised or itching signs around genital areas, trouble with walking or sitting, unwillingness to remove clothing (especially in warm climates), unusual interest in wearing extra clothing, unusual sexual actions, questions, or comments.

What should be done if I suspect daycare abuse?

Discuss the issue together with your spouse. After comparing notes with your spouse, talk with other parents whose child attends the daycare. If you still detect daycare abuse, contact your local child protection services agency and take the child to a doctor for an expert opinion.

Rasansky Law firm is committed to serving your daycare abuse claim needs. If you feel that your child suffers from daycare abuse, don’t hesitate to fill out our free case evaluation form and our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Rising Health Costs | Medical Malpractice Lawyer

forms@jrlawfirm.com (Blog Author)27250 — Wed, 24 Feb 2010 08:00:00 EST

Is Medical Malpractice Driving Up Health Cost?

This is quite a debate among the medical and legal professions. Many members of the medical community believe that medical malpractice is what is constantly increasing the price of health care.

For example, Charlotte doctor George Andrinopoulos told WBTV 3 News that “[The average patient has] no concept to what degree that medical malpractice contributes to the health care costs.” He stated that 10-20 pecent of the average doctor’s salary goes towards malpractice insurance. He also cites “defensive medicine” as a problem, as doctors are now forced to bring in specialists to do more thorough checks of a patient's symptoms, even if the doctor himself doesn’t believe the tests to be necessary. The unusual amount of testing inflates the price of health care, or so believes Dr. Andrinopoulos.

National Public Radio reported the behavior of today’s health-conscious patients is what’s driving up the cost of health care. Due to the bombardment of drug commercials, patients visit their doctors and request the advertised medication.

On the opposite side of the debate are reform organizations, lawyers and consumer advocate groups, who believe that other factors are to blame in the consistently rising health cost of health insurance premiums. The Americans for Insurance Reform Organization reported medical malpractice payouts equaled less than one percent of the total cost of U.S. healthcare. That means that all losses recorded (including legal fees, verdicts and settlements) made up less than one percent of the total cost of your healthcare plan. This has been the story for the past 18 years. Furthermore, the average for medical malpractice insurance premiums is less than one percent, as it has been for two decades.

In short, don’t believe that you are contributing to the financial problems of the health care industry just because your doctor acted negligently. The fact is that there are many other factors at work that determine the health cost of the nation. If you have been injured or lost a family member because of a doctor’s negligence, then don’t be pressured into giving up your fight. Contact the Rasansky Law Firm for a free consultation on the details of your medical malpractice case. Call 1-800-ATTORNEY to get the truth about health and cost and what legal options to consider.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Workplace Injury | Asbestos Exposure Lawyer

forms@jrlawfirm.com (Blog Author)27249 — Wed, 24 Feb 2010 08:00:00 EST

How Asbestos Exposure is Killing the Air we Breathe

Let’s face it – we all have to work to maintain our lifestyle and pay bills. Many occupations present the risks of asbestos exposure. Since asbestos is prevalent in both industrial and domestic products, workplace injury from asbestos exposure is an issue many workers face. Plumbers, electricians, and construction workers are prone to this job injury. Firefighters, railroad workers, auto mechanics, machinists, and even soldiers in the armed forces are subject to asbestos exposure.

Mined and used commercially, asbestos has been around since the late 1800’s. Since asbestos is resistant to heat, fire, and chemicals yet don’t conduct electricity, it is widely used in many industries. For example, building and construction asbestos is used for the strengthening of cement, plastics, insulation, roofing, and sound absorption. However, the Environmental Protection Agency banned asbestos-containing products in 1989.

Asbestos exposure can happen on job sites, throughout the community, even in people’s homes. When products containing asbestos are tampered with, tiny fibers are released into the air. Consequently, when the surrounding air is breathed in, these fibers are caught in the lungs of unsuspecting individuals. With constant exposure, these fibers accumulate and cause inflammation. Eventually this can lead to lung cancer and mesothelioma.

If exposed to asbestos, The National Cancer Institute names certain symptoms you can detect. However, it may not be detected until years after originally becoming exposed. Here are some of the symptoms:

• Shortness of breath

• Persistent coughing

• Tightening in the chest

• Swelling of neck and face

• Difficulty swallowing

• Fatigue or weight loss

At Rasansky Law firm, we are committed to serving individuals who suffer from asbestos exposure. If you are a victim of this workplace injury, do not hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

74-Year-Old Daycare Operator Charged With Sexual Abuse

nluna@jrlawfirm.com (Blog Author)27120 — Mon, 22 Feb 2010 08:00:00 EST

Are your children safe at daycare? This week a 74-year-old daycare operator was charged with first-degree sexual abuse of several girls who attended his childcare center. The man, Robert Eugene Frost, was brought in by police around 5 pm on Thursday, January 29, 2010. The man ran Christian's Day Care and Learning Academy.

Police say that an investigation on Frost began last week after a parent called in with a complaint of abuse and molestation. Two 5-year-old girls are the alleged victims in this daycare sexual abuse case.

Frost is being held without bond, but the daycare center remains open and running. Workers who were caring for the estimated 20 children at Christian's Day Care did not comment on the story. It is unclear whether Frost has legal representation at this time.

An investigation will continue as police determine whether there were other daycare abuse victims of Frost, who the children call “Mr. Bob.”

Woman Sues Texas Nursing Home For Over-Medication And Neglect

forms@jrlawfirm.com (Blog Author)27118 — Mon, 22 Feb 2010 08:00:00 EST

More allegations are surfacing regarding nursing home neglect and the troubled Texas-based nursing home company Cathedral Rock.

Nursing home abuse victim Barbara Gibson and her family alleges that she was over-medicated during her yearlong stay at one of Cathedral Rock’s nursing homes, Blanchette Place. The 73-year-old woman says that she was heavily medicated while at the adult care facility during her time there in 2006. Although Gibson could walk and talk upon entry into the nursing home, a few months later she was semi-conscious in a wheelchair, a ghost of her old self. She fell and broke her leg at one point during her stay. In another incident, she was wrongfully given a high dose of insulin that sent her into a coma. Gibson also said that she slept on the floor for much of her time at the home. Family members say it took her four months to fully recover from her time at the nursing home.

In the wake of her nursing home abuse, Gibson is now suing the adult care facility for $25,000.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Nursing Home Abuse | Client Testimonial

forms@jrlawfirm.com (Blog Author)26817 — Tue, 16 Feb 2010 08:00:00 EST

Rasansky: Thanks for sharing with our readers the story about your case.

Carolyn: Are you kidding? I never waste a chance to talk about what the Rasansky Law Firm has done for me.

Rasansky: Well, thank you. Your mother is the reason that you contacted us. Tell us a little bit about that situation.

Carolyn: Well, my husband was having back issues and my mother was getting older as well. Taking care of both of them was beginning to be just too much for just me. So I contacted a nursing home to take care of my mother.

Rasansky: How did your mother react to being placed in a nursing home?

Carolyn: Mom was a certified LVN (Licensed Vocational Nurse) for years so she was comfortable in that kind of environment.

Rasansky: What happened at the nursing home that you felt like you needed to involve legal counsel?

Carolyn: I had taken my husband to the hospital for some back treatments and had not been to see my mom in a couple of days because we were out of town. When I did get a chance to visit, I was shocked to find my mom covered in bruises and blood in her hair! Needless to say, I was shocked.

Rasansky: What did you do?

Carolyn: As soon as I started asking questions, the staff immediately wanted to give mother a bath, but I wouldn't have it. In fact, I started asking around and found a witness that saw a nurse push my mom into a wall because she wouldn't take her medicine because she thought it was the wrong pills. Now my mom is a great nurse and she would have known if they were trying to give her the wrong medicine. Either way, that's no excuse for treating someone that way.

Rasansky: We couldn't agree more. Did you take your mom out of the nursing home?

Carolyn: I sure did and sadly she died just a short time after that. I think when you take away an elderly person's dignity they just give up. At first I didn't do anything about the incident, but I just couldn't shake it now matter how hard I tried. Eventually I started thinking about hiring a lawyer, not for the money, but just so I could stop that place from hurting other people.

Rasansky: So you called us....have you ever hired a lawyer before?

Carolyn: Never. I had no idea what to expect and let me tell you, I have NO idea what I would have done without the Rasansky Law Firm. Michele and Mr. Wolf walked me through every step of the process and helped get justice for my mother. They are so wonderful and I really consider them part of my family. I consider me getting connected with this law firm as a gift from the Lord.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

New Treatments Help Kids With Cerebral Palsy

forms@jrlawfirm.com (Blog Author)26685 — Sat, 13 Feb 2010 08:00:00 EST

Cerebral palsy, which affects roughly 800,000 people around the country, does not have a cure – and in many cases, therapies and medications only serve to make patients more comfortable. However, a new study from the Nationwide Children’s Hospital shows that intensive and aggressive physical therapy programs helped nine out of ten children suffering from the condition.

Researchers helped children learn to walk more effectively using a device called LiteGait, which allows children with spastic muscles to go through physical therapy without as much pain. The device takes much of the weight off of the children’s legs and allows them to develop stronger muscles and muscle memory. In eight weeks of heavy therapy, the vast majority of cerebral palsy subjects were more confident, more independent, and more mobile. Traditional therapy sessions for children with cerebral palsy often only take place once a week.

Researchers and doctors also say that intensive LiteGait therapy could help those who have suffered serious brain injuries.

Crib Recall | Product Liability Lawyer

forms@jrlawfirm.com (Blog Author)26510 — Wed, 10 Feb 2010 08:00:00 EST

Cribs Recalled Because of at Least Three Infant Deaths

The United States Consumer Product Safety Commission has issued a recall for more than a half a million Generation 2 Worldwide and "ChildESIGNS" drop side cribs. According to a release by the CPSC, the drop side can detach creating a space in which a toddler can roll into or be trapped, creating a risk of suffocation or strangulation.

The CPSC has reported that at least three infants have died as the result of these faulty cribs. In addition to these tragic deaths, the CPSC has reported at least 20 separate incidents of the drop side becoming detached resulting in injuries to children, including a broken arm for one child.

These crib recalls are yet another tragic reminder of how fragile an infant's life is and just how easily they can be injured or killed. A faulty crib, highchair or toy could all injure or kill your child. Because of this, it is important to stay up to date with all current recalls involving your child's products. It is also important to NEVER try and repair a defective product on your own. Always adhere to recall notifications.

Unfortunately, many product defects are not caught before it is too late. Although products go through safety and durability tests, not all issues are discovered until a child or infant is injured, or worse, killed. If you or someone you know has a child or infant that has been injured or killed by a defective and dangerous product, the law allows for damages to victims and their families at the expense of the manufacturer. The Rasansky Law Firm has extensive experience in these types of cases and would love to review your case for free. Fill out our free case evaluation form or feel free to contact us at 1-800-ATTORNEY.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Overturned Semi | Truck Crash Attorney

forms@jrlawfirm.com (Blog Author)26473 — Tue, 09 Feb 2010 08:00:00 EST

Watch Yourself! Overturned Semi is an Example of Truck Accident Danger

An 18 wheeler overturned on Lyndon B Johnson Freeway causing traffic to back up for miles and requiring lanes to be closed for hours. Thankfully there were no serious injuries and no other vehicles were struck. Although this is one of the ideal outcomes of such an accident, it is rarely the case.

According to the U.S. Department of Transportation there are more than 500,000 truck accidents a year, with 98 percent of those resulting in fatalities for the passengers or drivers of the other vehicle.

What IS familiar about this accident is that it was caused, according to witness accounts, by a normal sized vehicle. Although truck accidents occur for a variety reasons, most people would be surprised to hear that only approximately 25 percent of truck accidents are caused by the truck driver. This means that other drivers must be extra careful. What is normally a less dangerous wreck involving normal vehicles can turn deadly when involving an 80,000 18 wheeler.

Although the statistics say that the majority of truck accidents are caused by other drivers, the very nature of the trucking industry is a breeding ground for negligent driving. The push to move loads over long distances in short amount of times can cause any number of dangers including speeding, driving fatigue, trailer overload, and many other negligent driving habits. If you have been involved in a truck accident as a result of negligent driving by a trucker, contact Rasansky Law Firm at 1-800-ATTORNEY or fill out our free case evaluation form today!

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Asbestos Poisoning | Work Injury Lawyer

forms@jrlawfirm.com (Blog Author)26432 — Tue, 09 Feb 2010 08:00:00 EST

How Asbestos Exposure is Killing the Air we Breathe

As adults, most of us are required to choose some type of occupation in order to survive. Unfortunately, many occupations present the risks of work injury, some including that of asbestos exposure. Since asbestos is prevalent in both industrial and domestic products, workplace injury from asbestos exposure is an issue many workers face. Plumbers, electricians, and construction workers are prone to this job injury. Firefighters, railroad workers, auto mechanics, machinists, and even soldiers in the armed forces are subject to asbestos exposure.

Mined and used commercially, asbestos has been around since the late 1800's. Since asbestos is resistant to heat, fire, and chemicals yet doesn't conduct electricity, it is widely used in many industries. For example, building and construction asbestos is used for the strengthening of cement, plastics, insulation, roofing, and sound absorption. However, the Environmental Protection Agency banned products containing asbestos in 1989.

Asbestos exposure can happen on job sites, throughout the community, even in peoples' homes. When products containing asbestos are tampered with, tiny fibers are released into the air. Consequently, when the surrounding air is breathed in, these fibers are caught in the lungs of unsuspecting individuals. With constant exposure, these fibers accumulate and cause inflammation. Eventually this can lead to lung cancer and mesothelioma.
If exposed to asbestos, The National Cancer Institute names certain symptoms you can detect. However, it may not be detected until years after originally becoming exposed.

Some of the symptoms include:

• Shortness of breath

• Persistent coughing

• Tightening in the chest

• Swelling of neck and face

• Difficulty swallowing

• Fatigue or weight loss

At Rasansky Law Firm, we are committed to serving individuals who suffer from asbestos exposure. If you are a victim of this workplace injury, do not hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

One Killed, One Injured In Texas Water Pipe Construction Accident

forms@jrlawfirm.com (Blog Author)26383 — Mon, 08 Feb 2010 08:00:00 EST

All work has stopped at wastewater pipeline construction site in McKinney, Texas, this week after a trench collapsed. The construction company, Davis Excavation, told reporters that one man had died from his injuries in the worker accident while one other worker were injured. Both men were transported to a nearby hospital where one man died of his injuries and the other received medical treatment. Neither of the men’s names were released.

The workers were installing two trench boxes to the east side extension parallel interceptor of a large wastewater pipeline when the on-the-job accident occurred.

The U.S. Department of Labor's Occupational Safety Hazard Association (OSHA) was on the site the following day in order to conduct a full investigation of the Texas construction worker death. The construction site will not reopen until the investigation is complete. It is unclear whether or not the construction company will also conduct an investigation.

Wrongful Death | Medical Malpractice Attorney

jash@jrlawfirm.com (Blog Author)26164 — Thu, 04 Feb 2010 08:00:00 EST

Are Therapists Trying to Pass on the Blame for Medical Malpractice in Suicide Cases?

There was a very interesting article in the Psychiatric Times. The article was directed at physicians and was entitled "Strategies to Avoid a Medical Malpractice Suit When a Patient Commits Suicide." The article detailed a "few simple steps" to pass on the blame in a suicide case and thereby "reduce your own risk for liability."

Phillip J. Resnick, MD described some of these strategies:

1. Advanced and detailed documentation of increased suicide case risk factors. He stated that this is the single most important factor; that the doctor create a record of all signs of suicidal behavior well in advance of the act.

2. The doctor should create a sense of responsibility to family, so that the patient and the patient's family see the suicide as a familial or group responsibility-not just the job of the doctor.

Understandably doctors are concerned with a suicide case, as this could lead to a serious case of medical malpractice. We also have every reason to believe that some doctors are genuinely concerned about the wellbeing of their mentally ill patients. So who is at fault when a suicidal patient goes through with his urge to die and succeeds in killing himself?

It depends on the circumstances. A suicide case may not be entirely the patient's fault, especially if the patient was relatively stable before taking new medication or undergoing new psychotherapy with a therapist. Legally speaking, and according to Dr. Resnick, the two major considerations in a suicide case are: foreseeability (the ability of the doctor to sense a problem) and precautions taken (what the doctor tried to do after the suicide case risk was identified).

Do not conclude that the suicide of a family member was your fault, or the therapists' fault or even the patient's fault. You really can't determine this until you speak to an attorney. Try and get as much documentation as you can and be sure to get the facts straight on the case.

Remember that all medical records of therapists can be released to family members in questionable situations like this. The U.S. Department of Health & Human Services clearly states that a deceased person's family members has rights to see these private records.

If your family has suffered a tragic suicide case then call the Rasansky Law Firm at 1-800-ATTORNEY, or fill out our free case evaluation form. You may have a medical malpractice on your hands, depending upon the circumstances of the case. Therapists are not above the law and are held to high accountability standards in the mental health field.

Rasansky Law Firm

2525 Mckinnon Street

Dallas, TX 75204

Call Us Today!

1-800-ATTORNEY

Texas Gas Plant Leak Kills One, Seriously Injures One

forms@jrlawfirm.com (Blog Author)25771 — Wed, 27 Jan 2010 08:00:00 EST

Texas was once again the scene of a deadly work accident involving natural gas. According to Enbridge spokesperson Terri Larson, the fatal worker accident occurred when employees were exposed to a hydrogen sulfide leak. One worker was killed and another suffered serious injuries.

The accident took place at a natural gas-processing plant, Enbridge Pipelines, located in near Bryans Mill in Northeast Texas. The company said the man, Nalvester Maxie, was a 56-year-old Bivins man who had worked in the natural gas plant for over three decades.

The man who survived the chemical leak remains in critical condition in the wake of the gas plant accident. The company said that 38-year-old Richard Youngblood of Queen City was airlifted from the scene of the worker accident and was very seriously injured.

Both the company, Enbridge Inc., and the Occupational Safety and Health Administration are launching independent investigations of the natural gas worker accident.

Toyota Suspends Sales of 8 Recalled Cares | Auto Recall Attorney | Dallas, TX

forms@jrlawfirm.com (Blog Author)25755 — Wed, 27 Jan 2010 08:00:00 EST

Toyota Stops Selling 8 Models of Cars

Toyota better get it right this time - on the heels of a tragic and deadly accident in South Lake, Texas - Toyota said that it will stop selling temporarily 8 models of its popular vehicles, including the Camry and Corolla. Toyota better figure out how to resolve the gas pedal and its accelerator pedal problems so no more innocent vitims die or become tragically injured.

This Toyota announcement comes just days after Toyota recalled 2.3 milion vehiclesto fix accelerator or gas pedals That recall affected the following cars and vehicles:

2009-2010 RAV4,
2009-2010 Corolla,
2009-2010 Matrix,
2005-2010 Avalon,
2007-2010 Camry,
2010 Highlander,
2007-2010 Tundra; and
2008-2010 Sequoia.

And this latest recall, following a bad couple of months for Toyota where Totoya recalled 4.2 million vehciles over its concerns that its cars were experiencing sudden acceleration problems because the gas pedals got stuck or lodged under floor mats.

Toyota better gets its story straight and fix the problems - is the problem with stuck gas pedals bor gas pedals ecoming stuck or lodged behind floor mats or is it a more serious problem as Toyota says that the actual problem may be mechanical related.

Toyota claims "in certain rare circumstances" there is eveidence that the gas pedal or Toyota accelerator pedal mechanism wears down, causing the gas pedal or accelerator to become more difficult to press down, slower to return, and, in some cases, stuck. Toyota states that this problem stems to "build-up of condesation on sliding surfaces in the accelerator system." This system is the very system that is supposed to drivers push down and release the gas pedal.

And remarkably, Toyota has no fix for the problem. I have no doubt that we will learn soon enough that Toyota has known about these issues for quite some time and therefore, should have taken much sooner corrective action. Toyota's actions come way too late for those Californians and Texans who died in what seems to be an accelerator pedal problem.

All we know is that this is a serious problem that must be remedied and fix now. The NHTSA that the problem is a a serious safety issue and we are pleased Toyota is taking immediate action to address it."

Fatal Texas Dump Truck Accident – Reckless Driving Or Brake Malfunction?

forms@jrlawfirm.com (Blog Author)25682 — Tue, 26 Jan 2010 08:00:00 EST

In September of 2008 in Montgomery County, Texas, a dump truck driver killed a co-worker in a rollover truck accident. Although the man, 25-year-old JR Cruikshank Jr., initially said that the fatal Texas truck accident was caused by faulty brakes, it was revealed that reckless driving the was cause of the truck crash.

Cruikshank pled guilty to criminally negligent homicide and was sentenced to 15 months in jail.

Originally, Cruikchank said that he was driving the truck when the brakes failed and that he put on the emergency brake and put the truck in reverse in order to avoid a copse of trees. But when evidence showed the truck had been regularly inspected and that the truck was still safe to drive, Cruikshank changed his story.

Although he only worked for Enviro-Waste Systems for three months before the accident, the company had already fielded reports that Cruikshank drove too fast.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Texas Bronco Oilfield Services Worker Severely Injures Hand

forms@jrlawfirm.com (Blog Author)25602 — Mon, 25 Jan 2010 08:00:00 EST

The Longview News-Journal reported that a Longview, Texas, oilfield worker was injured on the job at a natural gas well site on Tuesday night.

Sheriff's deputies at the scene of the on-the-job accident said that 50-year-old Jesus Ortez suffered a serious hand injury when pressure shot out of a value on the equipment that men were using. His hand is badly mangled and he remains in serious condition. Another man suffered minor injuries and was treated at Good Shepherd Medical Center in Longview.

Both men were employed by Bronco Oilfield Services, who says that they will release a statement regarding the accident after they have investigated the cause of the hand injury. It is not clear whether the state will run a separate accident investigation. Oilfields in the area have caused three deaths and one other serious injury in the last year.

Toyota Issues Second Defective Gas Pedal Recall Involving 2.3 Million Cars

forms@jrlawfirm.com (Blog Author)25600 — Mon, 25 Jan 2010 08:00:00 EST

On the heels of an ongoing 4-million car recall for defective floor mats, Toyota has issued a smaller but still significant car recall that involves defective gas pedals.

This week the automaker announced that there was evidence that some of their cars may suffer from a gas pedal defect that could case the accelerator to become stuck or to only slowly move upward after being pressed. Unlike the recent Chrysler brake recall, this mechanical defect will take time to surface and will gradually get worse.

The car recall does not yet have a solution – but Toyota does want to make drivers aware of the issue while they work to resolve it. Drivers were warmed to look for signs of the problem and told to remember that should the gas pedal become stuck, drivers can apply the brake to stop the car.

The recalled Toyotas include the following models: 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia.

Paralyzed Prairie View A&M University Student Sues Insurance Company

forms@jrlawfirm.com (Blog Author)25557 — Sun, 24 Jan 2010 08:00:00 EST

A Texas cheerleader who attended Prairie View A&M University is suing Mutual of Omaha after the young man was paralyzed during a practice. Although Wesley Patterson was seriously injured on school property while tumbling in 2008 and was covered by the insurance company in case of a serious injury caused by the school’s negligence, Mutual of Omaha is refusing to pay for his claim.

A federal lawsuit was filed by Patterson’s personal injury attorney against the insurance company on Wednesday, January 20, 2010, regarding the serious injury claim. Neither Mutual of Omaha or Prairie View agreed to comment on the Texas personal injury lawsuit.

It is very important to know your insurance policy and understand that some insurance companies will deny or reduce valid claims. If you believe that your insurance company is denying your rightful injury claim, contact us today.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

After Cherry Picker Accident, Fort Worth Man Seeks Face Transplant

forms@jrlawfirm.com (Blog Author)25528 — Sat, 23 Jan 2010 08:00:00 EST

Serious injuries cost far more than your initial hospitals bills – and perhaps no one understands this better than Fort Worth resident Dallas Wiens, who was severely burned in a cherry picker accident in the fall of 2008. The 24-year-old Wiens was working at the top of the machinery when his face came into contact with a high-voltage power line – his fourth-degree burns were so severe that almost none of his facial features were left intact. Now Wiens is applying to be the fourth recipient of a full face transplant.

In the two years since the work accident, Wiens has not only had to deal with his disfigurement and pain – he has also had to undergo two-dozen surgeries to reconstruct his face. He was not just injured in his on-the-job accident, his entire life was changed permanently.

If you have been injured on the job, you may suffer serious injuries, emotional trauma, permanent disability, disfigurement, and other life-changing impairments. Contact us today to discuss your worker accident with an experienced injury attorney.

Daycare Van Driver Convicted After Child Neglect & Death

tina@jrlawfirm.com (Blog Author)25527 — Sat, 23 Jan 2010 08:00:00 EST

The driver of a daycare van has been sentenced to six months of house arrest after the man accidentally left a child in the van to die of heat exhaustion last summer. Circuit Judge Beverly W. Snukals convicted Keishawn L. Whitfield of involuntary manslaughter for the death of 13-month-old Andrew Johnson. He was sentenced to 10 years in prison, but the judge suspended the majority of the term.

Whitfield drove the van for Yellow Brick Road Day Care and Learning Center, which was owned by his mother, Valerot Whitlow. After dropping the children off at the child care center on July 6, Whitfield went to sleep. Hours later, he received a call from his mother about the missing child, who died of heat stroke in the van after being forgotten.

Following the death of the child, Whitlow voluntarily gave up her daycare license and closed her daycare center. She will be tried for felony child neglect this week.

Jefferson County Man Awarded $10,000 After Boxer Dog Attack

forms@jrlawfirm.com (Blog Author)25478 — Fri, 22 Jan 2010 08:00:00 EST

A Jefferson County jury awarded a dog bite victim for $10,000 last week – damages that cover his medical expenses, lost wages, mental anguish, and impairment. The man was bitten in the face by a boxer while visiting his friend and his friend’s wife in November 2004.

Bruce Newman testified that he bent over to see the boxer and her new litter of puppies when the dog attacked, tearing his lip and cheek. The dog’s owners, Alfred Watts and Jeanette Watts, argued that they had warned Newman not to approach the dogs, but police testimony revealed that they had simply warned not to get too close. The jury found the Watts to be 80% at fault for the aggressive dog attack.

According to court records, the dog had been involved in three previous dog bite incidents, all involving playing with children. According to Newman’s Texas dog bite attorney, the Watts family was aware that their dog was vicious and they were negligent in letting others near her.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Can CT Scans Cause a Radiation Overdose?

forms@jrlawfirm.com (Blog Author)25185 — Mon, 18 Jan 2010 08:00:00 EST

In the world of medicine, many things can go wrong and medical staff must always stay aware and be proactive in any given situation in order to promote patient safety. One possible safety issue is a lack of maintenance of hospital equipment. If a medical device malfunctions it can either directly cause harm to the patient or indirectly affect him by failing to detect a health problem. Just as with any defective product, this kind of problem can be a product liability, but because it can have a negative effect on a patient's health, it may also be considered medical malpractice.

Some patients of Cedars-Sinai Medical Center in LA have recently found themselves involved in such a situation. A lawsuit just filed in Superior Court, lists 206 patients who were exposed to a radiation overdose during CT scans at the hospital. The problems with the faulty CT scan, manufactured by General Electric Healthcare, had gone undetected for one-and-one-half years. Many of the patients tested with the GE CT scan during that time frame lost patches of hair soon after exposure and one patient also lists red flaky skin on the scalp and face as side effects. The hospital has stated that a misunderstanding over a default setting was the cause of the overdose. GE maintains that the machine was not defective.

If you, or a loved one, have been injured by faulty or unmaintained medical equipment you should speak with an attorney who is knowledgeable in this area. We deal with both medical malpractice and product liability cases and can offer you a free assessment of your options.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

What Are 5 Steps to Do After an Auto Accident?

forms@jrlawfirm.com (Blog Author)24905 — Tue, 12 Jan 2010 08:00:00 EST

Car wrecks are devastating to the mind, body, and soul. Many people are disorientated after an auto accident. In most cases, there is noticeable damage to the automobiles involved. Sadly, there may be cases where there are injuries.

So what are the steps to take after a car accident?
It's important you gather important information from all parties involved in the accident. Try to keep a camera and notebook handy to help you with this. Then follow the five steps listed below:

1. Write down the other driver's and their passengers' name, address, date of birth, phone number, driver's license number and expiration date, and insurance company name.

2. Record the other car's make, model, year, license plate number and expiration date, and vehicle identification number.

3. Jot down names, addresses, and phone numbers of any witnesses to the accident.

4. Ask and record the name and badge number of assisting police officer.

5. Sketch a brief picture of the accident including skid marks and landmarks. Include where each car was positioned before, during, and after the accident. Notate the weather, traffic, and road conditions also.

When is the right time to contact a lawyer after an auto accident?
You should seek legal help if there are any injuries or deaths, especially if there are permanent injuries sustained. If injuries cause you to miss time from work, school or household duties, you should also seek an accident lawyer to represent you in court.

At Rasansky Law Firm, we sincerely hope you never get into a car wreck. However, if you, or a loved one, have suffered major injuries or death, please don't hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation quickly and promptly.

Lasik Malpractice | Laser Eye Surgery Mistakes and Erros | Dallas Eye Care Lawyer

forms@jrlawfirm.com (Blog Author)24260 — Wed, 30 Dec 2009 08:00:00 EST

Lasik Eye Surgery Malpractice - When Hindsight Is Not 20/20 - Being Aware of Lasik Dangers Before Surgery

It used to be that the only choices for those with poor eyesight were to wear glasses, contact lenses or go on living in a sometimes foggy world. In recent years though, a new procedure called Lasik has become available promising to free many vision challenged people from the confines of corrective lenses. But medical malpractice can occur in Lasik eye surgery cases.

Lasik eye surgery seemed like the Holy Grail to many of those who were tired of reaching for their glasses on the bedside table each morning or dealing with dry, red eyes from leaving their contacts in for too long the day before. As with many new treatments though, the reality may not be as incredible as it seemed. There are lasik dangers that prospective patients need to be informed about before making a decision.

As explained on Medic8.com, Lasik involves a surgeon cutting a small flap on the surface of the eye and then using a special laser to reshape the cornea, in an attempt to correct or improve nearsightedness, farsightedness or astigmatism. There are also some clinics now offering bladeless lasik procedures that do not involve cutting a flap on the eye because they use high energy lasers.

However, there are several laser eye surgery risks to be aware of when considering the treatment. According to Lasik Dangers Exposed.org, the procedure can have bad outcomes including vision loss, glare, halos or double vision and permanent dry eye. Also, few people end up with 20/20 vision after having the procedure, and some will have results that lessen over time.

Many people are very pleased with the results they get from Lasik eye surgery, but there are times when the procedure does not provide the intended result. If you have vision problems resulting from laser eye surgery, or believe that your eye surgeon committed medical mistakes or was negligent in his treatment, it may be a case of medical malpractice.

The Rasansky Law Firm handles Lasik malpractice cases and would be happy to offer you a Free Consultation. Please out the contact form or call us at 1 800 ATTORNEY (288-6763) or (214) 747-HELP (4357).

Can Child Therapists Be Sued for Medical Malpractice

forms@jrlawfirm.com (Blog Author)24121 — Tue, 29 Dec 2009 08:00:00 EST

While it can be helpful to children and their families to seek child counseling, it is devastating when a child therapist betrays a family's trust. You might not think that such a catastrophe is possible. However, there have been numerous incidents of medical malpractice lawsuits involving child therapists, child psychologists and child psychiatrists.

Kids Health states a few facts that all families accept as true: therapy for children is a very positive thing. Children are encouraged to talk to school counselors and sometimes even professional therapists if there are some deep-rooted issues to confront. A child therapist can help children, among other things, to:

Learn speech or toilet training
Overcome ADD
Work out anger issues or other disorders
Improve grades
Work out feelings of depression or grief
Improve social anxiety or isolation
Help bullying incidents
Address physical problems
Recover from trauma

One case of child therapist melapractice claims that a doctor prescribed drugs for a suicidal 17-year-old. The medical malpractice issue involved over-medication and drug errors. Another shocking story comes to us from the New York Times. In this scenario, the victim is not suing because of what a child therapist did-but because of what he didn't do. This medical malpractice lawsuit will determine whether Dr. DeMasi molested a child patient, and then whether his psychiatrist named Dr. Ingram, was in error by not breaking doctor-patient confidentiality trust and informing authorities. This promises to set a major precedent considering the many factors at play: a doctor who is allegedly a pedophile, a conflict of interest between law and profession, and a case that happened over 10 years ago.

These examples prove that no child therapist is ever exempt from accountability. If a child is injured because of the action or inaction of a trusted doctor, then it may be considered medical malpractice. If your child has suffered because of the negligence of a child therapist then contact the Rasansky Law Firm and tell us your story. Or, you may call us for a Free Consultation at 1-800-ATTORNEY (288-6763) or (214) 747-HELP (4357).

Understanding Medical Malpractice: Hospital Errors and Mistakes

forms@jrlawfirm.com (Blog Author)24103 — Tue, 29 Dec 2009 08:00:00 EST

Medical malpractice is not always an easy subject to understand. A doctor cannot be blamed for a patient's death or critical injury unless there was some form of negligence involved. While many grieving family members probably would like to sue a doctor, hospital or health care provider in order to receive some form of compensation for their loss, understanding the logic of malpractice is a bit more complicated.

The plaintiff must show evidence of negligence or malpractice on behalf of the doctor, a nurse, a hospital or any other health care professional. Medical malpractice, hospital errors and mistakes can all result in a patient's untimely death or a serious and devastating injury. When a medical professional has been proven negligent in care, the victimized family could be entitled to compensation to pay for medical bills as well as emotional distress together with other damages.

What are some of the circumstances involved that would create a case for negligence? A birth injury, in which a doctor does not follow proper procedure, could lead to physical or mental problems in the new child such as Cerebral Palsy or Erb's Palsy. Medication errors could also be considered grounds for negligence, because a health care provider gave a patient an excessive dosage of a drug or a prescription for the wrong drug.

Furthermore, an incorrect or failure to diagnosis a medical condition (especially in underestimating a person's symptoms) could be grounds for negligence. Patients take a doctor's advice very seriously and will often delay or forget about treatment if the doctor under-reacts; many of these situations have proven fatal. Making amateur-level surgical errors that lead to infection or operating on the wrong part of the body could also be considered the behavior of a negligent doctor.

A doctor who behaves negligently or commits medical malpractice betrays the trust of his or her patient. Whatever lies at the root of a medical professional's negligence, whether arrogance, laziness, greed or even alcohol or drug abuse, it cannot be excused. If you believe you or a family member's trust has been violated by medical malpractice, hospital errors or mistakes, then contact a lawyer at the Rasansky Law Firm.

The Rasanky Law Firm has won numerous malpractice cases and may be able to help you with your case.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Vehicle Accidents That Involve RVs—What Goes Wrong?

forms@jrlawfirm.com (Blog Author)23363 — Mon, 14 Dec 2009 08:00:00 EST

When you think about personal injury or property damage lawsuits due to traffic and vehicle accidents, you usually tie them in with cars, trucks or vans. However, there are many types of vehicles one can be injured in, including recreational vehicles such as limousines, race cars and old era cars or even ATVs. RV accidents are actually fairly common considering the unique construction of these vehicles.

RV.org reports that the "larger and heavier the RV, the longer it will take to stop when you apply the brakes." The Web site goes on to fault RVs that have over 30,000 miles, saying they often have trouble braking, as well as Class C RVs that are over built 40 feet in length. The site concludes that the most dangerous aspect of large RVs "is that they may not be built to structural soundness." Some irresponsibly built RV vehicles have actually had walls disintegrate in RV accidents because they have little structural support.

Unfortunately, the federal government doesn't monitor RVs as closely as cars, especially as regards to the ability to withstand crashes and overturns. In a liability lawsuit, an RV driver may be held responsible for an RV accident, as can an RV manufacturer or another motorist who collides with an RV. It depends on the circumstances. One thing is for sure: RVs cannot be discriminated against in a personal injury or property damage case just because they are not traditional vehicles. People that are pursuing an RV lawsuit should be aware that there are insurance companies devoted to writing only RV contracts and policies.

If you have been in a major RV accident, then you may be entitled to damages for your injuries and for your destruction of property. Contact The Rasansky Law Firm to find out more about your rights. Contact us for a free consultation at 1-800-ATTORNEY.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Truck Accidents Cause Delays and Serious Damage

forms@jrlawfirm.com (Blog Author)23358 — Mon, 14 Dec 2009 08:00:00 EST

There are millions of 18 wheeler trucks on the roads of the U.S. these days transporting different foods, goods and products from manufacturers to retailers. Trucks are the largest vehicles on the roads, some 40 times larger than passenger cars, and can cause serious damage if involved in truck crashes.

According to Truckinfo.net, each year there are 41,000 to 45,000 fatalities from traffic accidents. Of those fatalities, roughly nine percent are killed in tractor trailer accidents. Protect yourself from truck crashes by knowing your surroundings, not driving in the blind spot of a truck and not illegally passing a truck.

Truck accidents cause serious traffic delays across the country even if the accident is not serious. These accidents cause so many delays because they take longer to remove from the highway after a collision. Truck accidents can cause not only serious damage and injury to other vehicles and people but they can also cost millions of dollars in lawsuits and settlement deals with insurance companies.

The Federal Motor Carrier Safety Administration states the top five states in regards to truck fatalities in the United States are:

Texas: 438
Florida: 343
California: 332
Pennsylvania: 213
Georgia: 208

Truck accidents are rarely caused by the driver of the truck being under the influence of alcohol. In fact, only one percent of fatal truck accidents are caused by the driver being under the influence of alcohol.

If you, or someone you love, has been injured in an accident involving trucks, 18 wheelers or semis, please call us at 1-800-ATTORNEY, or fill out our free case evaluation form. The Rasansky Law Firm offers the best truck accident attorneys in the southwest.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201

CALL US AT 1 800 ATTORNEY
1-800-288-6763

Why drunk driving can hurt you | Drunk Driving Accident Dallas

forms@jrlawfirm.com (Blog Author)23344 — Mon, 14 Dec 2009 08:00:00 EST

Millions of people enjoy drinking beer or spirits, especially during social gatherings and celebrations. Many of these people will risk facing DUI charges. Others will become an unwilling participant of a drunk driving accident. Even though the legal drinking limit for drunk driving is a blood alcohol concentration (BAC) of .08, many impaired individuals drive when past this limit.

According to Mothers Against Drunk Driving, three in every 10 Americans will be involved in an alcohol-related vehicle accident in their lives. In 2008, an estimated 11,773 people died due to DUI crashes. These are such startling drunk driving statistics given the amount of vehicles on the road today. Alcohol Alert states Texas as the state with the most drunk driving deaths with a total of 1,544 in 2006.

What Happens to People who Drink?

To understand how someone can become drunk, you must know how many drinks the average person can consume. A drink is classified as either a shot of liquor, one 12-oz beer, or a 5-oz glass of wine. About.com states on average a 120-pound woman can reach a .08 BAC level after only two drinks and a 180-pound man can be at .08 after four drinks.

Drunk Driving Myths Uncovered

Never be fooled by the latest thing that will quickly sober you up. There are many myths behind what to do if you "suddenly become drunk." Some common myths include:

"Drink coffee to stay alert" - Contrary to this advice, only time will help you become sober.
"Big people can drink more and take longer to get drunk" - While it is true body size play a part, it still falls on your metabolism, the amount of rest you had prior to drinking, and when you last ate solid foods.
"Roll the window down while driving" - Although you will be able to breathe in fresh air, it will not help you to remain focused.
"Turn the radio up real loud" - Not only this will prevent you from hearing car horns, emergency vehicles approaching, and railroad sirens, it won't help to improve judgment.
"Splash cold water on your face" - Water splashed on your face will only help your face become moist. It won't help you to revamp motor skills.
"Just drive slower" - Drunk driving is not safe at any speed!

At The Rasansky Law Firm, we are committed to being an advocate for individuals who suffer from illness sustained from drunk driving. DUI is a serious threat to your safety on the streets. If you feel that you were wrongly injured due to a person driving drunk, do not hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Why Is Elopement a Serious Problem in Nursing Homes

forms@jrlawfirm.com (Blog Author)23338 — Mon, 14 Dec 2009 08:00:00 EST

Elopement (or wandering) can happen to any nursing home patient. In recent news, a 70-year-old man in a bike race in Rochester, N.Y. suddenly went missing. The man suffers from Alzheimer’s disease, and could not function due to a weak cognitive function. Luckily he was found alive and in good health.

What is elopement?
The American Health Care Association states “elopement occurs when a resident leaves the nursing home without authorization or appropriate supervision, according to federal regulations.” Researchers from the International Research Consortium on Wandering found that 1 in 5 patients were prone to walk aimlessly through nursing home centers. Repertoiremag.com reported that 50 percent of nursing home residents suffer from sort of dementia. These situations put the patient, who is cognitively impaired, at a serious health risk. Here are some things to consider to make sure nursing homes can care for these types of residents:

The nursing home has a good staff per resident ratio

The nursing home staff is properly trained to supervise residents

The nursing home installed alarms and other safety devices to prevent elopement

Project Lifesaver is an organization that fights to find your loved ones who’ve wandered. Citizens enrolled in Project Lifesaver wear small personal transmitters around their wrists or ankles that emit an individualized tracking signal. Once missing, the caregiver notifies their local Project Lifesaver agency, and a trained emergency team responds to the wanderer's area. Most are found within a few miles from home, and search times are an average of 30 minutes. Nationwide, more than 1,000 law enforcement agencies are members of Project Lifesaver, nearly 2,000 successful searches have been made to date, and they have a 100 percent success rate.

Without these important factors in place, your family and friends may be subject to elopement from the nursing home. This can lead to:

Weight loss
Fatigue
Exposure to harsh heat or cold climate
Patient vanishes

At The Rasansky Law Firm, we are committed to being a champion for nursing home rights. If you feel that a loved one eloped due to nursing home negligence, do not hesitate to fill out our free case evaluation form. Or, you can us at 1-800 ATTORNEY (288-6763) or (214) 747 - HELP (4357). Our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Are Vaccinations Helping or Hurting Kids

forms@jrlawfirm.com (Blog Author)23300 — Sun, 13 Dec 2009 08:00:00 EST

Tensions are swirling lately around whether or not to vaccinate children because of some dubious ingredients currently included in most vaccinations. Adding to the frenzy is the recent H1N1 threat and our desperation to protect ourselves and our loved ones, particularly children, from any danger. While the idea that a quick shot could shield our children from a known danger is appealing, it is difficult to ignore research that points to very real risks to children who receive vaccinations containing the questionable elements. Not to mention that the H1N1 vaccine seems to have been throw together at an alarmingly fast rate, likely too fast to have had proper safety testing.

The big fear regarding vaccinations and children is autism and the culprit is thought to be mercury, in the form of a preservative called thimerosal. Autism is a term that has become all too familiar with parents in recent years, and with good reason. It is, as explained on Wikipedia, a neural disorder that negatively affects communication and social interaction. These signs occur before the child is 3. Autism has seen a drastic rise since the 1970's, according to an article on the Age of Autism site.

Prior to 1970, autism disorders were said to occur in 1 in 2000 children; the new incidence rate for developed countries is approximately 1 in 150 children. Several studies have been done on rats, mice and primates, giving them proportional vaccinations for their size and age to the ones that human children receive. The results in all but one study have found detrimental neural effects on the animals who received the vaccinations containing thimerosal.

If you have a child with autism that you feel resulted from unsafe vaccinations we are here to advise you. Please contact us to explain the details of your story. We are experienced in birth injury cases and can provide you with a Free Evaluation of your case.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

4 Steps to Take the Fear out of Daycare Abuse

forms@jrlawfirm.com (Blog Author)23299 — Sun, 13 Dec 2009 08:00:00 EST

Many parents are fearful of daycare abuse or feel guilty sending their child to daycare. This is understandable given the horror stories about daycare neglect. However, there are steps you can take to prevent feeling guilty or fearful. Family Education lists these four steps to help you prevent daycare abuse.

Get your priorities in order - This step is crucial to helping you cope against feeling guilty about sending your child to a daycare center. Grab a notebook and jot down a wish list of what the ideal daycare center should offer and why you want to send your child to one.
Research daycare centers with a critical eye - This is helpful when conquering fears of daycare abuse. Ask family and friends for suggestions. Call the Childcare Aware hotline (800-424-2246) and ask for your local childcare resource and referral agency. You can also check the National Association of Family Child Care to search their database of accredited daycare centers.
Physically inspect and interview potential daycares - To ease fears of daycare neglect, be sure to ask plenty of questions. Write a few questions down on paper to ensure you don't miss anything. Check for hours, fees, child sickness policies, discipline, feeding and sleeping philosophies. Tour the center and observe the surroundings.
Follow up on references - Word of mouth plays a major part in daycare endorsements. Be creative yet thorough. Check the Better Business Bureau and ask parents dropping off or picking up their children about the daycare reputation. Ask potential daycares for a list of past and present references.

At The Rasansky Law Firm, we are committed to helping those who suspect daycare abuse. If you feel your child is a victim of daycare neglect, do not hesitate to fill out our free case evaluation form. Our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Which State Has the Highest Child Abuse Death Rate

forms@jrlawfirm.com (Blog Author)23298 — Sun, 13 Dec 2009 08:00:00 EST

Daycare abuse is a horrifying occurrence that we hate to imagine happening to any child, but we usually think of bruises, broken bones and emotional distress when we hear about these kinds of situations. What we fail to consider is that many children are killed in abusive situations and some of these occur in daycare centers.

Recent report from WYMTnews.com shows that the state lists the states with the highest abuse rates:

Kentucky
South Dakota
Florida
Nebraska
Missouri

The child abuse statistics for Kentucky are currently more than four deaths per 100,000 kids.

With 41 deaths due to child abuse in 2007, Kentucky and many other states have good reason for concern. Most agree that a good first step toward correcting the problem is education in the area of child abuse and neglect. Kentucky.com reports that non profit group Every Child Matters Education Fund has asked the state to disclose details of the children’s deaths in order to help educate the public. In the case of daycare abuse or daycare neglect it is important that parents pay close attention to signs of possible abuse and thoroughly investigate any concerns. Aside from the more obvious physical signs (bruising, broken bones, cuts), there are behavioural changes for parents to watch for. If a child is exhibiting uncharacteristic behaviour or suddenly has an adverse reaction towards going to daycare, exploration is warranted.

The possibility of daycare abuse is something that we do not like to consider and daycare deaths even less so, but staying informed is the best defence. If your child has been harmed in a daycare abuse or neglect situation it is important to seek out a qualified attorney. Our team has extensive knowledge in child abuse cases and would be happy to offer you a Free Evaluation of your case.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Combating Daycare Abuse and Neglect

forms@jrlawfirm.com (Blog Author)23296 — Sun, 13 Dec 2009 08:00:00 EST

There are literally thousands of daycares all across the country. However, daycare abuse is also rampant throughout these centers. There are state and federal laws that can help you combat daycare abuse. The Child Abuse Prevention and Treatment Act help supply states with funds to support the prevention, investigation, prosecution, and treatment for children and their families. They also supply grant money to nonprofit organizations and public agencies for various projects and programs.

Are there ways to tell if a child is abused in a daycare?
Whether victims are emotionally, physically, or sexually abused, there are several ways to determine daycare abuse. There may be behavioral changes that can be detected. Here are some examples of daycare abuse signs:

Emotional - Avoiding affection, displays more affection than normal, extreme behavior changes, child appears to talk less.

Physical - Excessive crying or fighting when entering the daycare center, bruises, abrasions, burn marks, broken or fractured bones, bite marks, and reoccurring injuries.

Sexual - Pain, bleeding, bruised or itching signs around genital areas, trouble with walking or sitting, unwillingness to remove clothing (especially in warm climates), unusual interest in wearing extra clothing, unusual sexual actions, questions, or comments.

What should be done if I suspect daycare abuse?
Discuss the issue together with your spouse. After comparing notes with your spouse, talk with other parents whose child attends the daycare. If you still detect daycare abuse, contact your local child protection services agency and take the child to a doctor for an expert opinion.

The Rasansky Law Firm is committed to serving your daycare abuse claim needs. If you feel that your child suffers from daycare abuse, don't hesitate to fill out our free case evaluation form and our team will gladly review the facts of your situation.

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 1 800 ATTORNEY
(214) 747-HELP (4357)

Botox Maker Not Liable For Texas Cerebral Palsy Death, Jury Says

forms@jrlawfirm.com (News Author)13363 — Mon, 22 Mar 2010 08:00:00 EST

Seven-year-old cerebral palsy patient Kristen Spears, a resident of Texas, died in November of 2007 after having an adverse reaction to the large doses of Botox she was receiving. The drug, which is more popularly known to reduce signs of aging and wrinkles, was being used to treat the Texas girl’s cerebral palsy.

This week, a jury found that the Botox manufacturer, Allergan, Inc., was not responsible for the girl’s death.

In the Texas cerebral palsy lawsuit, Allergan argued that Spears died of her cerebral palsy condition, not of a Botox overdose. Spears’ mother argued that Botox does not contain a warning regarding the dangers of the drug in large doses. Just months before the trial began, the Food & Drug Administration required that Allergan add a black box warning to the drug regarding the dangers of large doses, such as those used to treat children with cerebral palsy. Doctors believe that in some cases, Botox can help children with cerebral palsy to regain some control of their spastic limbs.

While the jury agreed that Botox was dangerous – and that those using Botox for non-traditional uses are surely unaware of the side effects – they also agreed that Allergan was not responsible for Spears’ death. However, another similar lawsuit has already been filed and Allergan must continue to defend its drug. Until then, cerebral palsy victims using Botox as treatment may not be aware of the dangerous side effects of the drug – and the dangers of a suppressed respiratory system and death.

Keeping All Students Safe Act Puts Spotlight On Texas School Child Abu

forms@jrlawfirm.com (News Author)13361 — Sun, 21 Mar 2010 08:00:00 EST

A new federal law has been proposed that would strive to keep children safe from abuse while at school has many Texas lawmakers and safety advocates wondering if the law is needed and whether it would be effective. While some in Dallas believe that the Keeping All Students Safe Act would reduce child abuse at daycares and schools, other believe that the law is a meaningless piece of legislation designed to make us feel better – but that would not be effective.

The details of the bill include a restriction on using restraints on students during the school day – a measure that reminds many in Dallas of the school child abuse scandal in which a 14-year-old student was suffocated by a teacher using a restraint.

The bill hopes to protect children with disabilities who are often abused or neglected because they require so much patience and care. Others believe the bill will also stop daycare abuse of children not old enough to report problems. Twenty-three states already have laws that protect children from solitary confinement, physical restraints, and other types of inappropriate actions. One Texas representative, however, believes that these laws are common sense and that laws that specifically outlaw abusive action are repetitive and unneeded.

The Government Accountability Office (GAO) conducted research that showed that hundreds of school children and children in daycare have suffered harmful abuse over the last few decades because of inappropriate disciplinary methods.

Texas Nursing Home Neglect Inspectors 1,550 Violation Cases Behind

forms@jrlawfirm.com (News Author)13360 — Sat, 20 Mar 2010 08:00:00 EST

Even if Texas nursing home abuse and Dallas nursing home neglect is reported, what are the chances of the TX elder abuse cases being investigated and stopped? While you might assume that reports of Texas nursing home neglect are dealt with immediately, a recent report shows that it can take months for any action to take place.

While the Texas Department of Aging and Disability Services is required to respond to the most dire reports of nursing home neglect and abuse quickly, the government agency admits that it is not meeting these requirements in most cases. While the most serious “Priority One” cases of nursing home abuse are investigated within 24 hours of the call, “Priority Two” cases, which should be looked into within two weeks of a call, are falling by the wayside. In fact, the safety agency admits being 1,550 calls behind currently – a problem that could lead to increased rates of nursing home injury, abuse, and wrongful death. The agency admits that half of the backlogged cases are months old.

The department answers complains coming from 1,200 nursing homes across the state and employs just over 300 people. In 2009, the Texas Department of Aging and Disability Services received an estimated 16,000 complaints regarding Texas elder care abuse.

To combat the problem, the Texas nursing home agency announced that it will be hiring an extra 35 nursing home abuse investigators and will be tackling the glut of complaints immediately. Despite being asked to cut back on their budget, the government department says that they will fill other vacant positions with TX nursing home neglect investigator positions.

Dallas' Trinity Railway Express Involved In Second Fatality In One Wee

forms@jrlawfirm.com (News Author)13351 — Fri, 19 Mar 2010 08:00:00 EST

Dallas train accidents are not very common, especially on the Trinity Railway Express, but this week saw two different pedestrian fatalities by the same Dallas commuter train. Eleven people have been killed by the Dallas TRE trains since the commuter rail began in 1996.

The most recent accident occurred at Market Center Boulevard near Harry Hines Boulevard at around 5:45 pm on Monday, February 15. Dallas Police say that 54-year-old Van Phan of Dallas walked in front of the train and was struck even though the train’s conductor repeatedly blew his horn at the woman. She apparently walked into the side of the train. It is not clear why she did not see or hear the train – or even if the death was an accident. The train conductor told investigators that the woman was wearing a hood and could have been talking on a cell phone.

Less than a week before, a Dallas man, 52-year-old Steven Whitaker, was struck by a TRE train within 100 yards of the same area while he was attempting to cross the tracks. Dallas Police and the county medical examiner have determined that that Dallas train fatality was an accident.

Morgan Lyons, a spokesman for Dallas Area Rapid Transit, released a statement about both Dallas train accident deaths. He reiterated that all pedestrians should remain aware of their surroundings and be particularly aware of what is happening around them when crossing railroad tracks. He also warned Dallas residents never to walk under lowered railroad warning arms as this latest train accident victim had done.

Richardson High School Student Dies Jumping Off School Bus

forms@jrlawfirm.com (News Author)13350 — Thu, 18 Mar 2010 08:00:00 EST

In a strange and tragic Dallas school bus accident, a 15-year-old girl was killed when she jumped from a moving bus. Richardson Police Investigator Jonathan Wakefield said that the girl jumped from the bus after an altercation with several boys and landed under the rear wheels of the school bus. At the time of the TX bus accident, the vehicle was traveling down West Spring Valley Road between Richardson and Dallas.

The Texas school bus accident took place in Wednesday afternoon, February 17, when the bus was dropping students off after school at J.J Pearce High School in Richardson. Two male students began to fight and the bus driver demanded that both leave the bus. A few minutes after the altercation, 15-year-old Anquanete Patterson walked to the front of the bus and demanded to be let off. When the bus driver did not respond, the girl used the door lever herself and jumped off of the moving bus. Police are not sure why the girl demanded to be let off of the bus or whether she was involved with the fight between the two other students.

After the Dallas bus accident took place, another driver stopped and administered CPR to the injured girl while another bystander called 911. By the time emergency responders arrived, the girl was dead. The bus remained on the side of the road as investigators examined the scene of the TX bus accident.

A spokesperson for Dallas County Schools told reporters that school bus drivers are trained to stop the bus in the event of a fight – not let the students off before their stops. She also said that mechanics were being consulted regarding how the school bus door opened so easily while the bus was in motion.

Dallas Motorcycle Accident Lawsuit Targets City Of Dallas, Hillary Cli

forms@jrlawfirm.com (News Author)13353 — Thu, 11 Mar 2010 08:00:00 EST

A Dallas wrongful death lawsuit has been filed by the family of a Texas man who died in a motorcycle accident while escorting a politician around the city during a campaign. The TX wrongful death lawsuit names the City of Dallas, the maker of the man’s motorcycle helmet, and Hillary Clinton and puts forth that the man’s death in the motorcycle accident could have been prevented if not for their negligence.

Two years ago this February, during the presidential campaign, Senior Cpl. Victor Lozada was performing an maneuver during the motorcade during which he lost control of his motorcycle and ran into a concrete structure. His helmet was knocked off and the man flew threw the air and landed on pavement. He died of his injuries.

The lawsuit puts forth that weeks before the deadly Dallas motorcycle accident, Lozada’s motorcycle trainer send a letter saying that the man had made too many mistakes on his bike to be considered for duty and that it would have been dangerous to have him ride without two more weeks of training. However, the man’s training records show that he passed.

The family also believes that Dallas’ faulty 911 emergency system resulted in a long response time of 12 minutes. The state says that the delay was due to the lack of a specific address in relation to the Dallas motorcycle accident.

In addition, the lawsuit alleges that the motorcycle helmet company, Super Seer, has manufactured a defective product since the man’s chinstrap broke during the Texas motorcycle accident.

Finally, the Dallas wrongful death lawsuit alleges that Hillary Clinton did not inform the Dallas Police Department of her need of a motorcade soon enough before her arrival, not giving the department enough time to organize safe assistance.

Tulane Football Player Sule Osagiede Dies In Texas Car Accident

forms@jrlawfirm.com (News Author)13039 — Thu, 25 Feb 2010 08:00:00 EST

Houston native and Tulane football player Sule Osagiede died in a car accident in Beaumont, Texas, this week. The 19-year-old student was a sophomore who played as a true freshman last year as a linebacker but spent most of this season sitting out due to a serious neck injury.

The car accident took place at 5:30 am on Thursday morning on In-10 near 11th Street in Beaumont. Osagiede was driving a Jeep which collided with a Ford Expedition. Osagiede was thrown from the vehicle. Osagiede’s passenger, a 25-year-old man, was injured and taken to the hospital as well the 33-yaer-old driver of the other vehicle involved. According to the Beaumont Police Department, the Jeep was speeding and the Ford in front of them swung to the right in order to avoid the approaching car. The Jeep swung left and both cars rolled over. Both cars were traveling westbound.

The accident caused major traffic problems for hours after the TX car crash, with vehicles backed up into Orange County for four hours.

“The death of Sule Osagiede is a tragedy and as a parent I cannot imagine the grief and heartache being experienced by his family,” Tulane President Scott Cowen said. “My thoughts, prayers and sympathy are with them." Osagiede’s memorial service this week packed the university auditorium with friends and mourners.

He was traveling home to Houston from college at the time of the Texas car wreck.

Toyota Faces Class Action Lawsuit In Texas For Defective Accelerator

forms@jrlawfirm.com (News Author)13062 — Thu, 25 Feb 2010 08:00:00 EST

In the weeks after a number of Toyota car recalls by the automaker, law firms from around the country and continent have been filing class action lawsuits regarding the car company’s defective auto parts and vehicles. In Texas, a Corpus Christi law firm has filed a class action lawsuit on behalf of owners of Toyota models and Lexus models that have faulty throttle control problems and gas pedal issues.

Sylvia and Albert Pena III say that their 2008 Toyota Avalon accelerated through a stop sign last month, resulting in a car accident. Their lawyer says that the international car company knew about the acceleration problem but were negligent in recalling the vehicles sooner or in repairing the problem. Some believe that the defective "Electronic Throttle Control" (ETC) systems in many of Toyota’s models have been responsible for thousands of accidents and even car accident injuries and car accident deaths.

While Albert said that his accident occurred at a stop sign, Sylvia said that the car had abruptly sped up when she tried to slow down to make a turn. The couple bought their car new two years ago.

The lawsuits puts forth that the car company did away with a redundant mechanical linkage in the ETC that would prevent these types of errors from occurring.

Other similar lawsuits are being filed elsewhere – one class action Toyota lawsuit claims that the car company should have known or possibly did know about problems with the cars’ gas pedal and acceleration mechanisms. Others are seeking a full refund for their Toyotas.

Longview Toddler Attacked By Four Pit bulls – Mother Charged

forms@jrlawfirm.com (News Author)13063 — Thu, 25 Feb 2010 08:00:00 EST

You should never leave a toddler unsupervised around dogs of any kind or age. This was a lesson that a Longview, Texas mother has learned in the most tragic way. Police say that the mother left her three-year-old girl to play in the backyard with a friend’s dogs. When the mother checked on the girl, she had been seriously mauled by the animals. The accident occurred around 1 pm on Monday.

Longview police say that the unnamed woman has been charged with child endangerment in the wake of the dog attack, saying that the girl was not supervised while playing with the dogs. She has not yet been arrested. The girl had been playing with four pit bull puppies – three-month-old dogs weighing between 15 and 20 pounds. The girl was rushed to Gppd Shepherd Medical Center and is being treated for serious dog bite wounds on her hands and face as well as other dog bites covering the rest of her body.

All four dogs that took part in the child dog attack have been taken to Animal Control where they remain under quarantine. The dogs’ future is unknown.

The mother claimed that she believed the dogs were harmless and that her daughter had spent time with them in the past. The dogs’ owner will not be charged for the dog attack as he was not responsible for the child’s care.

Bonham Texas Dog Bite Case Rejects Lillian's Law Charge

forms@jrlawfirm.com (News Author)13030 — Wed, 24 Feb 2010 08:00:00 EST

In August 2008, two dogs belonging to 44-year-old John Hardy Taylor escaped from Taylor’s car and attacked two women. Although he was charged with the third-degree felony attack by dog, a judge dismissed these heavier charges.

Bonham police say that the Texas dog bite incident took place when two dogs jumped from Taylor’s vehicle and attacked 44-year-old Judy Pless as she got onto her bicycle in town. After bystanders scared the dogs off of the woman, they ran down the block and attacked an unidentified 11-year-old girl.

Both mauled females were airlifted to nearby hospitals – Pless to Parkland Hospital and the girl to Dallas Children’s Medical Center. Both suffered multiple wounds from the dog attacks, though Pless suffered more serious dog bites, punctures, and tears.

This week, Fannin County Judge Lauri Blake dropped the felony dog attack charges explaining that she thought the statute was vague and unconstitutional. Taylor would have been the first person to be effected by “Lillian’s Law,” which was passed in 2007 and which makes being responsible for a dog attack a felony crime involving possible jail time. In the law, the dogs must cause considerable injuries and the dog attack must take place off of the owner’s property. The owner must also fail to secure their lose dogs before the attack. Fannin County District Attorney Richard Glaser plans to appeal the ruling.

Taylor still faces two misdemeanor charges for failing to secure his dogs and for not getting rabies vaccinations for his dogs.

Boy Severely Burned At Day Care Rushed To Texas Hospital For Treatment

forms@jrlawfirm.com (News Author)13031 — Wed, 24 Feb 2010 08:00:00 EST

The parents of a young boy want answers after their 18-month-old boy was severely burned while at day care. Since there are no witnesses to the event, it is difficult to determine whether day care abuse or day care neglect was involved in this serious burn accident – or whether it was merely an unfortunate event without fault.

In the fall, Michael Garcia was a resident at Blessed Day Care run by Maria Lopez. The day care owner says that Michael poured a bowl of hot beans on himself, badly burning the boy’s arms and chest. However, the boy’s parents, Monica and Javier Garcia say that the accident must not have been an accident. They site that the boy’s clothes were not soiled by the beans and that the burns themselves were not indicative of a burn accident. A doctor who treated the boy at a Lubbock, Texas hospital agreed that the burns looked suspicious for an accident.

Even if the spill was an accident and not daycare abuse, many wonder whether Lopez was negligent in allowing such a young child to be around such a hot bowl of beans. While Children, Youth, and Families Department investigators have been looking into the case for months, no charges have been filed and the case seems to be at a standstill. Lopez reopened her daycare in October. She says she has not had an incident at her daycare in 30 years and that it was an accident.

The Garcias are considering filing a daycare neglect civil suit if there are not any criminal charges.

Texas Jury Listens To Heart Attack Medical Malpractice Evidence

forms@jrlawfirm.com (News Author)13032 — Wed, 24 Feb 2010 08:00:00 EST

An incorrect diagnosis may have caused the death of 40-year-old Stacy Meaux, and even the doctor who attended to the woman agrees that he could have done more to save her life.

According to reports, Meaux went to the emergency room Christus St. Mary Hospital on October 2, 2007 and reported symptoms of severe chest pains. Dr. Michael Peterson performed tests on the woman and incorrectly diagnosed and treated the woman for irregular breathing and released her from the hospital despite an irregular EKG result of the two taken. While the doctor did prescribe Captopril, a drug that can help with heart problems and increase changes of survival after a heart attack, he did not keep her for observation.

On October 3, Meaux suffered from a fatal heart attack – by the time paramedics arrived at her house, she did not have a pulse and could not be resuscitated. An autopsy revealed that she had indeed died from a massive heart attack.

During testimony, Peterson said that he should have corrected a nurse’s mistake and also related a personal story about his own mother dying of a heart attack after a similar missed diagnosis.

Dr. Peterson settled a similar medical malpractice lawsuit with the family for $150,000 last summer. The family believes that the nursing staff and hospital is also to blame for not appropriately triggering the chain of command and for not correctly assessing Meaux’s health issues. Meaux had a host of other health problems, including diabetes, obesity, and a cigarette addiction.

Man On Trial For Deadliest Car Accident Ever In Montgomery County

forms@jrlawfirm.com (News Author)12990 — Mon, 22 Feb 2010 08:00:00 EST

Texas persecutors believe that highway racing was the cause of the deadliest traffic accident in Montgomery County history – and the trial of the Magnolia man charged with the deaths has now begun.

Texas Police say that 23-year-old Brandon Lee Ferguson was drag racing a Chevrolet Cobalt down Texas 249 on January 10, 2009. The car, which police believe was traveling at 117 miles per hour, struck a westbound minivan that was attempting a left-hand turn onto Partridge Circle. The van was carrying five people. Three occupants died in the van, which burst into flames, while one occupant was killed after being thrown from the vehicle. A fifth woman survived the Texas car accident with serious injuries.

Those that were killed in the crash include 60-year-old Donald Lee Sexton of College Station, his parents 83-year-olds Lloyd and Catherine Edwards, and Sexton’s uncle, 70-year-old Curtis Charles Edward of Pinehurst. Ferguson’s girlfriend, who was in the passenger’s seat of the Cobalt, 18-year-old Kayla Ann Pratorius, also died in the TX car accident. Another relative, Karla Kay Sexton, survived the crash with a spinal cord injury, a cracked pelvis, and a damaged liver.

Ferguson has been charged with five counts of manslaughter with a deadly weapon and one count of manslaughter with a deadly weapon. He could face $50,000 in fines and up to 20 years in jail. Ferguson’s uncle told reporters that the young man had been given the fixed-up car just days before the van accident. Witnesses say that Ferguson had been seen racing a motorcycle on the same stretch of Texas highway.

Baptist Hospital Dismissed From Texas Medical Malpractice Lawsuit

forms@jrlawfirm.com (News Author)12819 — Sun, 14 Feb 2010 08:00:00 EST

Memorial Hermann Baptist Beaumont Hospital in Texas has been cleared of medical malpractice charges and will even receive attorney and legal fees. Justices in the Ninth District Court of Appeals of Texas found that the expert medical report inadequately concluded that the woman in question died because of the hospital's negligence.

Laura Sebile died at the hospital in 2006 after her surviving husband and seven children say she underwent an unnecessary surgery and suffered negligence. The 70-year-old woman was morbidly obese and suffering from a number of health problems. The family claims that the hospital did not run necessary tests, punctured her heart during surgery, and failed to diagnose her with congestive heart failure. They sued the Texas hospital, two doctors, and an anesthesiologist saying that a chest x-ray revealed the congestive heart failure. They claimed that the anesthesiologist did not check her complicated medical history before putting her under.

Almost two weeks after the surgery Sebile died of complications from her operation. The massive bleeding during the surgery left Sebile unable to speak or eat afterward and soon she suffered from multiple-organ failure. In addition to neglect during her stay, her family says she suffered from undue pain in her last weeks.

The hospital said that all of Sebile's medical woes and surgery complications were caused solely by the doctor who punctured her heart during surgery and that the initial surgery was not unnecessary.

Truck Driver Had Medical Condition In Fatal Shawano County Accident

forms@jrlawfirm.com (News Author)12737 — Tue, 09 Feb 2010 08:00:00 EST

On Monday a truck driver died after crashing into an overpass in Shawano County. The one-vehicle Texas truck wreck, which took place on Highway 45 as it passed under Highway 29, happened just before 6 in the morning near the Town of Wittenberg. The truck driver was 58-year-old Daniel Anderson of Dallas, Texas. He was pronounced dead at the scene of the big rig accident by emergency responders.

After investigating the Texas truck crash, the Shawano County Sheriff's department believes that Anderson suffered from a medical emergency in the moments before the crash, causing the tractor-trailer accident.

A small minority of truck crashes take place when the driver of the vehicle suffers a medical event such as a heart attack, a stroke, or a seizure. In some cases, a medical examiner is able to confirm that this is the case during an autopsy.

An engineer has examined the overpass and declared that it is structurally sound despite the damage done to several of the overpasses' pillars.

Toyota Recall | Defective Cars and Autos | Dallas Lawyer

forms@jrlawfirm.com (News Author)12414 — Wed, 27 Jan 2010 08:00:00 EST

Toyota Halts U.S. Sale of Eight Models

Toyota suspends sale of these eight (8) model cars and vehicles

2009 - 2010 Rav 4;
2009 - 2010 Corolla;
2007 - 2010 Camry;
2009 - 2010 Matrix;
2005 - 2010 Avalon;
2010 Highlander;
2007 - 2010 Tundra;
2008 - 10 Sequoia

Texas Father Sues Ford For Wrongful Death Of Son After Truck Rollover

forms@jrlawfirm.com (News Author)12436 — Wed, 27 Jan 2010 08:00:00 EST

According to the Southeast Texas record, a Marshall father has filed a wrongful death lawsuit against the Ford Motor Company. The wrongful death case claims that Ford’s F-350 trucks have a dangerous design flaw that led to the death of his son in a rollover truck crash. U.S. District Judge T. John Ward will reside over the court case, which was filed on January 12.

Paul Bennett, representing his deceased son, Christopher Thomas Bennett, believes that a better truck cab design could have saved his son’s life and significantly reduced injury – and that at the very least the truck should have had a warning to drivers that the cab was not able to sustain rollover accidents. His son’s truck rolled over when he veered off the road and then overcorrected.

Is the Ford F-350 crash worthy? Bennett believes that not only was the roof not crush resistant, but that the truck’s seat belt did not keep his son safely secured during the rollover. While Bennett’s Texas wrongful death attorney must admit that the truck passed federal safety standards, he will argue that those safety standards are not adequate and that the car company sold a vehicle that was unreasonably dangerous to the consumer. Recently, the Department of Transportation has been under fire for the validity of its rollover tests and rollover test standards.

Bennet is suing Ford for medical bills, pain and suffering, mental anguish, funeral expenses, loss of inheritances, loss of consortium, loss of services, past and future pecuniary loss, loss of companionship and society and pre- and post-judgment interest.

Fort Worth Nursing Home Fined For Shocking Neglect Of Residents

forms@jrlawfirm.com (News Author)12396 — Tue, 26 Jan 2010 08:00:00 EST

A nursing home company based out of Fort Worth, Texas, is facing large criminal and civil fines after five different adult care facilities were found to be rampantly negligent – and defrauding the government’s Medicare system.

The U.S. attorney’s office said that Cathedral Rock and founder 60-year-old C. Kent Harrington will pay $1.6 million in penalties to the government, both for cheating the Medicare system and for severely neglecting many of their nursing home residents over a series of years.

Michael S. Evans, Cathedral’s executive vice president, denied some of the more horrific allegations of neglect and abuse, although Cathedral Rock did admit Medicare fraud.

Since 2001, Cathedral Rock admitted that its nursing homes were often dangerously understaffed and that care for open wounds such as bed sores or pressure sores was sometimes not provided – some claim nursing home residents were infested with maggots. The Nursing home company also admitted that they falsified medical records, that they sometimes did not gives residents their medication, and that they filed false reports with Medicare. Many of these shocking nursing home abuses were revealed by a former nursing home employee.

Despite all of this, the nursing homes will not be closing and Cathedral Rock will not be excluded from Medicare funds in the future. Instead, the nursing home company has been given a second chance and a five-year requirement for good behavior. If all goes well, the felony charges against Harrington for his fraud and gross negligence will be dropped.

Texas Agency Finds San Antonio Nursing Home At Fault For Patient Assau

forms@jrlawfirm.com (News Author)12364 — Mon, 25 Jan 2010 08:00:00 EST

Nursing home negligence takes many forms. While many understand that nursing home negligence may involve bedsores, malnutrition, or medication errors, some do not know that nursing home negligence could include any situation in which a patient is not kept reasonably safe. For example, the Texas Department of Aging and Disability found last week that a nursing home did not keep a patient safe from an assault from another patient.

Police say that last fall 77 year-old Janice Maier was attacked, choked, and beaten by a man when the nursing home caring for Maier left their back door unlocked. In October, Daniel Villareal allegedly entered Brookdale Living Center in San Antonio and assaulted to woman.

Maier’s family says that the nursing home staff did not check on patients after the door alarm sounded and also failed to lock the back door. The Texas Department of Aging and Disability agreed that Brookdale had been negligent.

The neglectful nursing home, which remains open after the assault, argues that the man was mentally ill and that the staff protected the rest of the residents from Villareal.

No employees were fired after the elderly woman’s nursing home assault and no policy changes were made at the Brookdale Living Center. Villareal has not yet been tried regarding his assault charges.

Nursing home neglect can take many forms. If the nursing home staff does not take reasonable steps to keep residents safe from threats, they could be responsible for your loved one’s injuries and other damages.

Chrysler Recalls 24,000 Vehicles To Fix Defective Brake Part

forms@jrlawfirm.com (News Author)12355 — Sun, 24 Jan 2010 08:00:00 EST

The troubles that mounted for Chrysler in 2009 may be following them into the New Year. Chrysler Group, LLC, will recall 24,177 of their 2010 vehicles in order to replace a defective car part that could cause sudden brake failure. This recall is expected to not only cost the company a significant amount of money, but also hurt the automaker’s already tarnished reputation and sales.

The vehicles included in the defective car part recall include 2010 Chrysler Sebring, 2010 Dodge Avenger, 2010 Dodge Nitro, 2010 jeep Liberty, 2010 Commander SUV, 2010 Grand Cherokee SUV, 2010 Dodge Ram trucks, and 2009 Dodge Ram trucks. Industry experts estimate that making the brake part fix on over 24,000 cars will cost the company $250 million.

Chrysler company officials say that the problem lies with the brake booster rod retaining clips, which are either defective and deformed or, in the case of some of the vehicles, missing altogether. The company discovered this problem during road tests and say that no car accidents or car accident injuries have been reported regarding the brake problem – even though the issue could lead to all-out and without-warning brake failures.

Many of the recalled cars have won design and safety awards, and experts say that the small size of the recall may stop most of the damage that comes with issuing a national defective car part recall, especially in light of the record-breaking Toyota recalls earlier this winter. Those inside the company hope that the recent positive press, stronger sales, and new ad campaigns will offset any negative effects of the national defective product recall.

Thibodaux Nursing Home Worker Charged With Cruelty To The Infirmed

forms@jrlawfirm.com (News Author)12356 — Sun, 24 Jan 2010 08:00:00 EST

An ex-nursing home worker in Thibodaux, Texas has been under fire after two allegations of nursing home abuse surfaced in the past few weeks. Thibodaux Police say that 51-year-old Nathaniel Monroe has a history of abusing nursing home patients – and say that he has been accused of grabbing an elderly man’s genitals and of placing a man in burning hot water while verbally abusing him.

Following the accusations involving nursing home residents, 90-year-old John Martinolich and 79-year-old Everett Thibodaux, both of whom resided at Thibodaux Healthcare, Monroe was fired from his job. Last year, Monroe was honored with the Employee of the Year and he has been working at nursing homes for the last 30 years caring for patients daily needs and taking vital signs.

Although neither man showed signs of nursing home physical abuse when examined by a doctor, Thibodaux police seem convinced that the man was harming patients due to statements from nursing home residents and the rest of the investigation. Martinolich had been under Monroe’s care for a year, and Monroe claims that he often complained his bath water was too hot.

Social Services Director Jerri Vaughn discovered the abuse when she heard screams coming from a bathroom during one incident. Monroe denies all allegations of nursing home physical abuse and nursing home verbal abuse. He also noted that no one told him he had been fired from his job. Vaughn did not disturb the scene of abuse or check the temperature of the water.

San Antonio Dog Mauling Case Ends With Defendant's Natural Death

forms@jrlawfirm.com (News Author)12337 — Sat, 23 Jan 2010 08:00:00 EST

A San Antonio woman facing serious charges stemming from a fatal dog attack incident has died of natural causes, reports from several Texas media outlets said today. The woman, 59-year-old Irma Barrera, was facing up to 20 years in prison and $10,000 in fines after she was charged with second-degree felony for the injury of a child, baby boy Izaiah Gregory Cox.

On March 31, 2009, Barrera was caring for her 7-month-old grandson when she left the room to warm a bottle. When she returned, the boy was being attacked by her two pet pit bulls. The boy died of his dog bite wounds and Barrera was also mauled by the dogs while trying to save her grandchild. When police arrived at the scene of the dog attack, they shot and killed the vicious pit bulls in Barrera’s yard.

Barrera said that the dogs, both male and unneutered, broke through a baby gate and attacked the child as he lay on a bed. When she saw the attack, she stabbed the dogs with a knife.

An investigation revealed that Barrera was aware of her dogs’ aggressive behavior and was negligent to care for a child with the dogs present. A few years prior, a 7-year-old granddaughter was seriously injured and hospitalized by the same dogs – and Barrera even visited her in the hospital. Just weeks before the attacks, a neighbor also talked to her about the pit bulls’ dangerous behavior.

Barrera was due in court for the dog mauling trial on Monday. Barrera died in early December.

Surgery Against His Will? Texas Man Files Medical Malpractice Suit

forms@jrlawfirm.com (News Author)12318 — Fri, 22 Jan 2010 08:00:00 EST

Is it a case of medical malpractice if a doctor forces you to have surgery in order to remove a piece of criminal evidence? This is the question put to the Texas Ninth District Court of Appeals in Beaumont, Texas, regarding a young man with a bullet in his forehead that had been linked to a robbery.

After a robbery and gunfire at a used car lot in Port Arthur in 2006, police issued a search warrant that they say gave an emergency room doctor the right to remove a bullet lodged in the skull of 17-year-old Joshua Bush. Although Bush both verbally and physically tried to prevent the operation, Dr. David Parkus attempted to perform the operation at Christus Hospital St. Elizabeth in Beaumont. Bush was strapped to a table. The bullet was not removed after the surgeon discovered that the skull had grown around the object and additional equipment and preparation was needed.

Bush sued the doctor for medical malpractice, claiming medical battery, but a judge threw out the case since Bush did not have a medical expert to defend him. However, Bush is appealing the case on the grounds that there was never a physician-patient relationship between Parkus and Bush and that an expert is therefore not needed. Bush claims that the partial surgery resulted in mental anguish as well as personal injury.

In 2007, Bush was cleared of all criminal charges stemming from the used car lot shooting and robbery. A Jefferson Court jury found him not guilty without the police using the evidence of the bullet.

January Sees Massive Defective Stroller & Crib Recalls

forms@jrlawfirm.com (News Author)12319 — Fri, 22 Jan 2010 08:00:00 EST

After a huge number of stroller and crib recalls in the fall and winter of 2009, recalls for baby and toddler products are continuing to plague the US Consumer Product Safety Commission (CPSC) at the beginning of 2010.

First, following the huge Maclaren stroller recall last year, Graco has issued a similar voluntary recall of its umbrella strollers – a recall that involves 1.5 million defective baby products. Just as in the last recall, Graco says that the recalled strollers are responsible for a number of finger amputations and lacerations in past years. The company is offering a free repair kit to those who own the stroller. The strollers were sold in AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Fred Meyer, Meijer, Navy Exchange, Sears, Target, and Wal-Mart stores over the past five years.

The CPSC and Dorel Asia are also heading a voluntary recall of baby cribs after a six-month-old Iowa child died after falling through the side of one of the company’s drop-side cribs. The company reported 60 other incidents and ten other injuries stemming form the defective product, which poses numerous entrapment and strangulation risks especially if the crib’s plastic hardware breaks. The crib can also be a hazard if a slat is damaged. The cribs were sold at Wal-Mark, K-Mart, and Sears and consumers who have bought the defective product should immediately stop using the crib and call the company for detailed recall information.

If your child has been killed or injured due to a defective baby product or toddler product, contact an experienced products liability attorney today.

ALERT: Tylenol Makers Recall 60 Million Bottles

forms@jrlawfirm.com (News Author)12243 — Mon, 18 Jan 2010 08:00:00 EST

The FDA criticized Tylenol manufacturer McNeil Healthcare LLC for a slow response to problems at a facility in Puerto Rico that led to consumers becoming ill by tainted pills.

McNeil voluntary recalled Tylenol Arthritis Relief Caplets at the end of December after consumer complaints of stomach problems. The problems were linked to the presence of a chemical called 2,4,6-tribromoanisole, which results from the breakdown of a chemical in wood pallets used to transport and store packaging materials for the drugs.

According to the FDA, Tylenol Extra Strength, Rolaids and a number of children's medicines are now included in the recall, which affects 27 products in various packaging quantities. This adds 54 million bottles of product to the recall, boosting the total number of bottles recalled by McNeil to approximately 60 million, according to the company.

Karen Hirshfield, acting branch chief of the FDA Office of Compliance's Recalls and Shortages Branch said, "We would have expected McNeil to expand their investigation when they first learned of consumer complaints on this issue. They became aware of a problem in September 2008, and their investigation and report to [the FDA] didn't occur until about a year later. We would have expected action to occur sooner than that."

The company advised consumers who purchased the affected products to stop using them and contact McNeil for information about how to get a refund or a replacement. The company provided the address for its Web site, www.mcneilproductrecall.com, as well as a toll-free number: (888) 222-6036.