Medical Malpractice Law

1. You like your doctor

So, what’s wrong with that? Nothing, most of us like our doctors. That’s why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?

The law in Texas permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.

So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.

2. What good will the money do for you?

This is a common rhetorical question that defense attorneys often ask plaintiff’s lawyers. “The money won’t bring your loved one back,” “The money won’t make you whole again,” “The money you’re asking for isn’t going to change anything…”

However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. The money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a city or governmental handout. The money will help his children go to school or camp. Money may help with modifications needed in his homes such as a wheelchair ramp or modified kitchen appliances.

Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.

3. Your doctor’s reputation will be tarnished

Contrary to popular opinion, (or at least from the doctor’s insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they’ve been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor’s reputation will suffer a blemish if sued, is simply not correct.

4. Your doctor will be banished from his community

Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won’t even know of the lawsuit or the award.

5. Your doctor will shut his medical practice

No, he won’t. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.

In very extreme cases where the physician is a threat to the health and well-being of his patients, the Texas State Department of Health can and will shut down the doctor’s practice and revoke his license to practice.

But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.

6. Your doctor may lose his license

Not true. A civil lawsuit in Texas has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a doctor to lose his license, the Texas State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.

The options to punish or cure the deficiencies are many, and only as the most extreme and last resort option would the Health Department revoke a physician’s license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.

7. Your doctor may alter your records

Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.

8. Your doctor may apologize and tell you it was all a mistake

There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that ‘not everyone is perfect’. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.

Does that mean that you shouldn’t sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it’s not.

9. Your friends and family may think you’re a gold-digger

If you live your life concerned about what your friends and family think, then maybe you shouldn’t sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.

Some folks simply don’t want their friends and family to know they’re involved in a lawsuit. The reasons are endless. “I don’t want anyone knowing my business.” “I don’t want my neighbors knowing how much of an award I received.” “I don’t want my family members asking me for money. This is for my future. I can’t work anymore, and I can’t afford to give it away.” “I don’t want my relatives to argue with me about why I sued my doctor.”

You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.

10. Your injuries aren’t that disabling

There are cases where the injuries are significant but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled, we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know, however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.

Many injured folks may make a recovery, but still, be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.

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Personal Injury Attorneys – Hazardous Roadways

The hazardous roadway lawyers of our law firm are skilled in the area of Texas auto accident law. We represent victims of serious injury and wrongful death from accidents, including those who have been injured in hazardous roadway accidents. If you or a loved one has been injured in a hazardous roadway accident in Texas, please contact our office today for a free consultation.

With the expansion of freeways and roadway construction taking place, drivers are suffering serious auto accident injuries as the result of unexpected road debris and other construction-related hazards. The recurrent debris, detours, and other unanticipated hazards that occur on the roads make it difficult and dangerous to drive. Traffic signs that warn of changes in the road should be visible for all drivers so they may adjust their speed or prepare to stop their vehicle if necessary. Highways should provide drivers with adequate lighting to assist in viewing the road and other vehicles, as well as being equipped with guardrails to protect drivers and passengers in the event of an accident.

Our accomplished personal injury law firm is committed to protecting the rights of our seriously injured clients and to recovering for them the maximum monetary recovery possible. As a result of our experience and knowledge of personal injury law, we have recovered tens of millions of dollars for our personal injury clients.

If you have been seriously injured or lost a loved one as the result of a hazardous roadway accident, you need the advice of an experienced personal injury lawyer. Call our office today for your free consultation.

We have been awarded the highest ranking a law firm can be awarded, signifying that the lawyers have reached the best heights of professional excellence and are recognized for the highest levels of skill and integrity.

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Crane Accidents Attorney : Injury Lawyers : Personal Injury Lawyers

Crane Accidents Attorney : Injury Lawyers : Personal Injury Lawyers

Cranes are a mainstay in the construction industry.The attorneys at our Law Office can help if you or someone you know has been injured in a crane accident.

Approximately 125,000 cranes are used in the construction industry. Cranes are often used to move heavy pieces of machinery and supplies needed for the construction of today’s large buildings and skyscrapers. The use of a crane can be complicated by the use of other cranes or heavy equipment on the construction sites. Crane injuries can be devastating. OSHA has taken precautions to prevent many injuries. An employer’s noncompliance puts you, the employee at risk.personal injury lawyers

Injuries resulting from accidents involving cranes can be catastrophic. Injuries resulting from the use of cranes include: traumatic brain injury, spinal cord injury, dismemberment, burns caused by electrical shock and even death.

The most common cause of injury related to the use of cranes is electrocution from overhead utility lines. Other causes of injury involving the use of cranes are: dropped loads, failure of crane rigging, weight overload, and the crane overturning.

Due to the number of severe injuries involved in crane accidents, the Occupational Safety and Health Administration has adopted a number of regulations governing the use of cranes on construction sites: OSHA regulations require that the employer comply with all manufacturer specifications and limitations applicable to the operation of any and all cranes. Federal law requires that instructions and warnings regarding the rated load capacities and safety warnings be visible to the crane operator while he is in control of the crane. The employer is responsible for ensuring that a competent person inspects all machinery and equipment prior to use. The employer is responsible for ensuring that all broken machinery or equipment is replaced before use. The employer is also responsible for ensuring that a safe distance between a crane and an overhead electrical line. If the crane is required to work within close proximity of an electrical line, the employer is responsible for ensuring that the electrical line is de-energized.

What can our Law Office do for you if you are injured in a crane accident?

Having a crane injury attorney is an important part of leveling the legal playing field. It is likely that more than one party is responsible for the accident occurring. Depending on the circumstances, subcontractors, general contractors, utility companies or your own company may be responsible for the injuries you sustained. A crane injury attorney will be able to help you find the party responsible for your injury and take the steps necessary to bring about the best results for your particular case.

Our Law Office has recovered millions of dollars for employees injured in construction accidents. Our Law Office has the resources and experience necessary to pursue complex litigation involving multiple defendants. Our Law Office routinely consults and hires experts in the field of OSHA regulations, workplace safety and the proper use of heavy equipment on construction sites. Contact our office for a free consultation with one of our construction attorneys.personal injury lawyers

Our Law Office has the talent and experience necessary to bring your injury claim against your employer or anyone else responsible for your injury. Practice Areas: Car Accidents, Trucking Accidents, On the Job Injuries, Wrongful Death, Construction Accidents, Boating Accidents, Premises Liability. Contact Us.

Successes Legal Disclaimer

The personal injury attorneys of our Law Office have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

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