In the case of Lezlea Ross v. St. Luke's Episcopal Hospital, the Supreme Court ruled on May 1, 2015 that slip-and-fall cases are not health care liability claims, and the medical profession cannot be protected by the Texas Medical Liability Act. When the plaintiff initially filed suit, the hospital moved to dismiss for the reason that the slip-and-fall claim was a health care liability claim, and the plaintiff failed to produce an expert report within the specified time frame. The trial court granted the dismissal, and the court of appeals affirmed the decision.
Did you know that roads that are part of the Texas interstate highway system have the fewest crashes? This is the case even in congested urban areas. The highest crash rate is on farm-to-market roads, with the next highest being state highways and U.S. highways, in that order. Similarly, the safest type of road is a divided road in both urban and rural areas.
Thursday, November 19, 2015, three California men filed lawsuits against e-cigarette makers, wholesalers, and retailers. Each man suffered injuries after their e-cigarettes exploded. One of the men, Vincente Garza of Bakersfield, California, lost half of his left index finger. These men are seeking damages for their injuries and hope to raise awareness about the dangers of e-cigarettes.
On August 2, 2011, Lewis Ogioba, then 15 years old, felt dizzy during basketball practice. His parents took him to Easton Hospital located in Forks Township, Pennsylvania. He was seen at 7:59 p.m. by Dr. Chiraag Gupta in the emergency room. Dr. Gupta treated Lewis with oxygen and prescribed oral prednisone medication. Additionally, Dr. Gupta diagnosed Lewis with asthma and ordered him to follow up with his primary care physician. He was discharged at 10:52 p.m. Approximately three hours later, Lewis went into cardiac arrest and died.
Toyota Motor Corporation announced that they are conducting a safety recall on more than 6.5 million vehicles worldwide. The recall was prompted by consumer complaints about the driver's side Power Window Master Switch catching fire. The automaker received 11 reports of burned door trims. The only report of physical harm came from a U.S. customer that suffered from a burn on the hand. Toyota stated they are not aware of any accidents resulting from any defective switches. The malfunction is linked to neglect during the manufacturing process; the switches did not receive enough lubricating grease. In some situations the lack of grease allows debris to accumulate at electrical points, triggering a short circuit that can result in overheating and melting.
So you have been involved in an accident with an 18-Wheeler. What now? Who is responsible? Unlike car accidents, which are usually caused by some combination of driver error, vehicle malfunction or road conditions, accidents involving large commercial trucks may have many other contributing factors that are unique to the trucking industry.In order to establish liability and recover compensation, it is first necessary to identify every possible person or business entity responsible for the crash. Potential defendants in a truck accident case may include:Truck Driver - Commercial truck drivers are responsible for following the same driving rules as all other drivers. These rules include avoidance of dangerous driving behaviors such as speeding, aggressive driving, texting while driving, and driving under the influence. Truck drivers must also adhere to additional standards as directed by the Federal Motor Carrier Safety Administration. This includes following hours of service rules, and maintaining detailed records regarding driving times and vehicle inspection.Trucking Company - Trucking companies must ensure that the drivers they employ are qualified and properly licensed. This includes conducting background checks and random screenings for drug or alcohol abuse. Furthermore, employers are prohibited from requiring or encouraging drivers to break federal safety regulations. Additionally, the trucking company is responsible for properly training their drivers before and after they get out on the highway. If you or someone you know has been injured in an accident involving a commercial vehicle, contact an attorney at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or toll free at 1-800-870-9584.
In 2013, the last year for which federal data is available, there were 499 fatal motorcycle accidents in Texas, representing about 10 percent of the total number of motorcycle fatalities in the United States. But what does this really mean? Is Texas more dangerous for motorcyclists than other states?
The answer is a definite "no." Although Texas had the third highest number of motorcycle fatalities in 2013, it also had the second highest population in the U.S. In short, if we consider the number of fatal motorcycle accidents per capita, Texas is slightly less dangerous than other states, ranking second in population, but third in the number of fatalities
On Friday the 13th, Paris was subjected to multiple terrorist attacks. News agencies have provided non-stop graphic images of the ensuing deaths and panic. In the wake of this horrific event, governments and cities across the world have pledged their support and solidarity with the French. And, French fighter jets have launched retaliatory strikes in Syria.
When a truck accident occurs, people want to know why it happened -- especially the victims of the accident. Was the driver sleepy? Was there something wrong with the truck in the first place? Did some other factor contribute to the unfortunate wreck?
The truth is that any one of these factors, or a combination of them, could be involved in a truck accident. There are also plenty of other factors that could contribute to a truck accident.
Massachusetts General Hospital (MGH) is considered one of the top hospitals in the nation. Researchers discovered about half of the surgeries performed at this institution have administered medications by error or with unintended side effects. These findings are even more likely to be found at other U.S. hospitals. In 2013-2014 researchers at MGH observed and discovered that 124 of the 227 procedures included at least one medication error or drug-related incident that harmed the patient. According to this study, the most frequent errors were due to mislabeling, incorrect dosages, and medications unnecessarily administered.