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Our Personal Injury Blog

What You Need to Know About Texas Personal Injury Protection (PIP) Coverage

WAuto insurance is required in the state of Texas. While many Texas drivers have insurance, they do not have a full understanding of what their policy entails. Most people throw around the words “full coverage,” but not everyone has an understanding of what full coverage really is.

How to Ensure Accurate Documentation After an Auto Accident

When you become the unfortunate victim of an auto accident and it is time for you to file a claim with your car insurance provider, it is important to document the auto accident to make sure you get a fair assessment, and most importantly, you receive a fair insurance payout.

Hands down, the most effective approach is to simply collect evidence to prove you were not at fault and that what you say is true.

How do apology laws influence my Medical Malpractice lawsuit?

If you’ve ever watched one of the many medical dramas on television, you may have heard, “Don’t apologize or you’re admitting guilt.” In past cases of medical malpractice, these apologies would be used as evidence to assist in approving liability on the part of the medical professional. This led to the development of apology laws.

High Patient Injury Rates Cost San Antonio Hospitals

Three local hospitals, including CHRISTUS Santa Rosa and Southwest General, will lose 1% of their Medicare payments over the current federal fiscal year. The news came when all three hospitals were cited among the 752 hospitals in the nation that have the highest rates of patient injuries on record. This is the fourth year that the Hospital-Acquired Conditions Reduction Program, a result of the Affordable Care Act, has been in effect.

Is Cornstarch Powder A Safe Alternative to Baby Powder

Once a household item, Johnson’s and Johnson’s baby powder has been under fire the past few years. Thousands of women and their families have sued the company due to the link between talc and cervical cancer. Talc can travel to users’ ovaries and create inflammation. The company has been around since 1886. Families use their product from generation to generation. However, Johnson’s and Johnson’s has had its fair share of product recalls and legal disputes. The most recent have been reports of users being diagnosed with ovarian cancer after using their popular baby powder.

5 Ways To Stay Safe Legally In The New Year

As we say goodbye to 2017 and look back on this year, we couldn’t help but think of all the cases that have come across our desks and the trials and situations we’ve seen in the legal community. This seemed like a great time to do a bit of a roundup and share a few tips for staying safe legally and physically in the new year.

What To Do If You Suspect Nursing Home Negligence

Placing a family member in a nursing home can be an incredibly difficult decision. Unfortunately, devastating injuries can result when nursing homes prioritize profits over patient care and safety. Injuries from nursing home negligence can range from Stage 4 bed sores, untreatable fractures, and preventable falls, to assault and even death. If you or a loved one has suffered as a result of nursing home negligence, read on to learn about what next steps you should take.

Things To Know Before Filing a Wrongful Death Claim In Texas

Often after the loss of a loved one, people are hurt, upset and confused. These feelings are magnified when it’s assumed wrongful death may be the reason behind their loss. It can be hard to determine what qualifies as wrongful death when it happens, here are some wrongful death facts to help you decide if this was the situation in your loved one’s death.

Medical Malpractice- Three Important Considerations

When it comes to medical malpractice, it’s easy to get confused on the specifics of each law that may pertain to your situation. At Maloney Law Group, we work to provide our clients and potential clients with useful information when it comes to their medical malpractice rights.

Drivers face greater risks while driving at night

While many motorists in San Antonio may feel comfortable driving at night, nighttime driving poses a considerable risk to all drivers on the road. Not only is it more difficult for motorists to see in the dark, but there are a number of hazards that people should look out for when navigating the roads at night.

Nursing Home Resident Rights

A nursing home is an establishment that provides care for elderly or disabled people who are no longer able to live on their own and care for themselves. Though there is a certain expectation of care when an elderly or disabled person is placed into a nursing home, there have been cases or neglect, inadequate care and even abuse.

Preventing pedestrian accidents during the school year

Many children are hit by cars when walking to and from school. Drivers have a responsibility to be aware of children near traffic and to drive safely. The beginning of a new school year in Texas can be exciting for students and parents alike. Unfortunately, this time also presents numerous dangers for children who walk or ride their bikes to school or the bus stop.

Motorcyclists risks on Texas roads

Summer is prime motorcycle riding time. Texans who love to take to the open road on two wheels look forward to the long days and good weather when they can enjoy some of the best riding. However, every time a motorcycle rider or a passenger gets on a bike, concerns about the actions of drivers in other vehicles can be present.

Use of talcum powder linked to ovarian cancer

How could daily use of Johnson and Johnson talcum powder increase your risk of developing ovarian cancer? As its name suggests, talc in the main substance in talcum powder. In powder form the mineral talc, which is composed of magnesium, silicon and oxygen, absorbs moisture and reduces friction. It can help keep skin dry and reduce rashes.

Auto defects and injuries: Lessons for victims

Regulations are present to reduce the risk of injury associated with a defective vehicle. Manufacturers that violate these laws may be held accountable if an injury results. The most recent data from the National Highway Traffic Safety Administration (NHTSA) reports that 32,675 people were killed in motor vehicle accidents in 2014.

Leading Causes of Car Accidents in San Antonio, Texas

Car accidents are tragic and extremely unfortunate events that take place far too often. In some cases, car accidents can be easily avoided by practicing safe driving and staying alert. Here are some statistics from the Texas Department of Transportation of the leading causes of car accidents here in San Antonio and other Texas cities.

Mild brain injuries may have lasting consequences for women, study finds

Car accidents are tragic and extremely unfortunate events that take place far too often. In some cases, car accidents can be easily avoided by practicing safe driving and staying alert. Here are some statistics from the Texas Department of Transportation of the leading causes of car accidents here in Texas.

Drunk drivers continue to endanger the lives of Texas motorists

Texas has a high number of DUI accidents, injuries and deaths; however, there is room for improvement when it comes to DUI legislation. Motorists in San Antonio and across Texas may be at an increased risk of being involved in a drunk driving car accident.

Research shows the dangers of cellphone use behind the wheel

More Americans than ever before rely on their cellphones to keep in touch with loved ones, conduct business and stay informed about the world around them. According to the Pew Internet Research Project, more than 64 percent of adults in the country own cellphones that have advanced features, allowing them to text, search the internet, write emails and even watch videos.

Families of distracted driving victims urge passage of state bill

Families that have lost loved ones due to texting and driving recently urged state lawmakers to pass a bill outlawing the dangerous practice, according to KVUE News. The proposed legislation would make texting and driving a misdemeanor offense punishable by fines of up to $200.

Could new technology lower trucking accident numbers?

The Texas Department of Transportation reports that there were over 29,000 crashes throughout the state that involved commercial motor vehicles. Out of that number, there were 535 deaths and over 1,400 injuries that left people incapacitated. It is unknown how many of those collisions involved tractor trailers.

What Is a Traumatic Brain Injury

A traumatic brain injury, also known as TBI, is a serious injury that, according to the United States Center for Disease Control, affects 1.5 million Americans each year. A brain injury is very different than breaking an arm or spraining an ankle. Your brain makes you who you are, so an injury to that part of your body can affect everything from your personality to your motor skills. The tricky thing about diagnosing a traumatic brain injury is that symptoms are different for every person and might not begin to appear until days or even weeks after an incident.

4 Facts About Hospital Negligence

Everybody makes mistakes. It’s okay – humans are not expected to be perfect. However, when we put our lives in the hands of healthcare professions we do expect that they adhere to a reasonable standard of care (that of a reasonably prudent healthcare professional). When our health is at risk we are forced to put our trust in medical professionals. When you or a loved one is sick, there’s an understanding that the person in charge will fulfill their responsibilities and avoid unnecessary risk.

What is Medical Malpractice

According to a study by Johns Hopkins Medicine, medical errors now constitute the third leading cause of death in the United States. “Based on an analysis of prior research, the Johns Hopkins study estimates that more than 250,000 Americans die each year from medical errors.”

Medical mistakes may range anywhere from surgical errors, medication errors, overdoses, inappropriate treatment, lack of treatment, or failure to appreciate a rapidly decompensating patient among other things.

What to Do After an 18 Wheeler Accident in San Antonio

Driving may be the most dangerous thing we do all day. We forget how risky it can be because it is such routine part of our everyday lives. Often times we, as drivers, may not appreciate the risk a large truck operated improperly may pose to surrounding drivers and the public. According to the National Highway and Traffic Safety Administration (NHTSA), “in 2014 there were 3,903 people killed and an estimated 111,000 people injured in crashes involving large trucks.

Man claims medication errors resulted in kidney failure

Because those who work in the medical care profession continue to learn more about what drugs to use to treat certain illnesses, many people in Texas are often able to live longer lives with a better quality of life. Unfortunately, if a person is prescribed the wrong medicine or given the wrong dosage, he or she could suffer serious harm. For example, one out-of-state man claims that medication errors caused his renal failure.

The man says that he was prescribed a drug to help treat his blood pressure. Although he picked up a prescription from Kroger, he said that he immediately began to experience symptoms that were out of the ordinary, such as fatigue, and was unable to manage his blood pressure. A lawsuit claims that instead of giving the man the labetalol that was prescribed, the pharmacy instead gave him lamotrigine, which is used to treat bipolar disorder and seizures.

Wrongful death claim against VA facility

Many veterans in Texas struggle with health issues. They often seek help from U.S Veterans Affairs facilities to help cope with their issues, expecting that doctors will make decisions that are in their best interests. Unfortunately, a wrongful death lawsuit filed against the government as a result of care allegedly received at a VA facility in another state claims that doctors failed to provide such care.

The suit involves the death of a 35-year-old veteran. Filed by his widow, several allegations are made against the facility. They include claims that medical personnel improperly prescribed drugs to the victim, provided inadequate emergency care when a nurse found him unresponsive and failed to properly diagnose his substance abuse and mental health issues.

Lawsuit alleging doctor errors ends with $4.25 million settlement

It is amazing to think of how the advancements in medical treatments have improved the lives of people in Texas. Despite these advancements and the knowledge about certain pregnancy-related conditions, doctor errors can still have serious consequences for pregnant women and their unborn children. For example, a recent lawsuit claims that doctors' failure to monitor a pregnant woman's condition led to the deaths of her unborn twins.

The woman claims that she was almost 35 weeks pregnant with twins in March 2009. She has accused two doctors of failing to adequately monitor her for signs of a potentially life-threatening condition call preeclampsia. This condition is often marked by high blood pressure.

Woman's death potentially case of wrongful death

A variety of different patients seek treatment at medical care facilities in Texas every day. The patients range in age, race and overall physical conditions. Regardless of these factors, however, all patients should be confident that they will receive quality medical care. Unfortunately, a recent lawsuit filed in another state claims that negligence on the part of medical personnel may potentially be a case of wrongful death after an elderly woman died.

The women, who died in Nov. 2013, was 93 at the time of her death. Reports indicate that she sought treatment at a hospital due to stomach pain. A lawsuit filed as a result of her death claims that a nurse who treated the woman made several mistakes, including failing to assess her pain level as well as failing to notify other medical care providers that she had administered a powerful combination of morphine and dilaudid, pain medications.

Texas lawmakers pushed to consider distracted driving law

Texas is one of only four states in the country that does not have a law against texting while driving. Advocates for distracted driving legislation are pushing state lawmakers to pass a law that addresses this and other distracted driving practices.

Just how big of a problem is texting while driving in Texas? According to a recent report by a local NBC affiliate, texting while driving is a big problem. The report notes that there were over 100,000 distracted driving related crashes in Texas in 2015.

Hospital negligence might have put NICU babies' lives in jeopardy

Pseudomonas aeruginosa is a bacterium that can be found in hospitals here in Texas and elsewhere in the country. In healthy people, an infection from the bacteria is often not serious. However, in someone who has a weakened immune system, it can be life threatening. Families who lose loved ones to this infection might discover that hospital negligence was the cause.

A hospital in another state recently had to close its neonatal intensive care unit (NICU) because three of the nine infants being cared for in the unit tested positive for this potentially deadly bacteria. The babies were transferred to other area hospitals. Those that received positive results for the bacteria will be closely monitored, but they were reportedly not exhibiting any symptoms of an active infection at last report.

Doctor errors cited in medical malpractice lawsuit

For many patients in Texas, a report of no masses detected on a mammogram is a relief. However, a recent out-of-state case may leave many patients wondering whether their results were accurately interpreted. A lawsuit recently filed by a deceased patient's husband claims that doctor errors in regard to a mammogram ultimately lead to a situation that made the patient's chance of surviving cancer impossible.

According to reports, the woman went to Metro Imaging, also named in the lawsuit, for a mammogram in Oct. 2014. The doctor reportedly found no masses at the time; however, the lawsuit claims a mass on the woman's right breast was overlooked. The plaintiff argues that this oversight was due to misuse of equipment that made the images difficult to read.

Hospital negligence lawsuit settled for undisclosed amount

Advances in medical technology have made it easier to more reliably diagnose medical conditions in Texas and across the country. As a result, relatively minor conditions that interfere with a person's daily life can now be diagnosed and properly treated. Unfortunately, one man who was undergoing a routine procedure lost his life due to medical malpractice, according to a hospital negligence lawsuit that has recently been settled.

The lawsuit was filed by the deceased 37-year-old man's wife. According to court papers, he underwent an endoscopy in 2013 in order to determine the cause of his problem swallowing. As part of the procedure, the man was placed under sedation but remained conscious.

Three tips to avoid accidents during summer road trips

Whether taking a road trip to Walley World, Las Vegas or piling into the minivan to attend that annual family reunion up North, summer road trips are often the stuff of legends. Most people have at least one epic trip to look back on. These trips may include getting lost on highways that weave through parts of the country you didn't even know existed or stopping at some random attraction that turned out to be the highlight of the trip.

Whatever the memory centers on there is one thing every family or group of friends wants to avoid on these adventures: auto accidents

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