Category: Accidents

Rock Climbing Injures: Take Action Now!

There is no activity that is more demanding on the body than rock climbing, and this is because it takes muscles in the legs, arms, and back all working together to make the climb successful. Indoor rock climbing has seen a surge in popularity, and this newfound interest means people now have access to a controlled climbing environment that is designed to be safe.Rock Climbing Injures Take Action Now!

This focus on safety means those who are injured should consider speaking with an attorney, as these legal professionals can determine whether the business operating the rock wall can be held liable for causing the injury.

Negligence Often Results in Injuries

There are a number of injuries that individuals can suffer while engaging in rock climbing activities, but some of the most common include:

  • Slipping – When a climber slips off the wall they’re climbing this can result in injuries if they swing back into the wall with excessive force caused by the swinging motion.
  • Equipment Failure – The most important part of any rock climber’s equipment is their rope and carabiner, as these two items support them and prevent them from falling. If either piece of this equipment were to fail the climber could potentially fall dozens of feet and be severely or fatally injured.
  • Falling Objects – There are often lines for those who want to climb a rock wall, and this means there are always people below those on the wall. If a person drops something from high up on the rock wall this can cause serious injury to anyone below.

All of the instances listed above generally occur because the facility that owns the rock wall was negligent in ensuring the safety of the customers on their property. If the choices or actions of the facility led to the injury taking place it’s almost guaranteed they’re eligible to have a lawsuit filed against them.

Documenting Evidence

The fact that a vast number of people use the same equipment and facilities during rock climbing activities means there is a greater risk of evidence being lost as time passes. In order to prevent this from occurring climbers should take steps to document evidence so they can present it to their attorney, including:

  • Taking photographs of any unsafe conditions that exist within the facility
  • Photographing or requesting to keep any failed equipment that often proves why the climber was injured
  • Speaking with and writing down the personal information and testimony of any witnesses that saw the accident occur

Filing a lawsuit due to a rock climbing injury is not only beneficial for ensuring that medical bills can be paid, but also helps protect everyone else who enjoys taking part in this activity.

Get Legal Help Today!

Rock climbing injures are tough to fight in court without the assistance of a well-trained attorney. However, with an expert on your side, you can begin building a case and get the justice you deserve. Call 713-222-1222 today to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

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5 Crazy Medical Malpractice Court Cases

5 Crazy Medical Malpractice Court Cases

People undergo medical procedures every day in order to improve their health. Some people will find themselves worse off than before whenever they become the victim of medical malpractice. Medical malpractice can encompass a number of things, but here are some of the strangest cases ever recorded.

1) Rhode Island Brain Surgery Fiasco

In 2007, doctors at Rhode Island Hospital performed brain surgery on the wrong side of a patient’s head not once, but three different times. In one instance, the doctor failed to mark which side of the head should be operated on. Another time, the doctor did not fill out a checklist beforehand. In the third instance, the chief neurosurgeon and nurse both clarified which side of the brain required surgery, and then proceeded to drill a hole in the other side of the head. All three of these cases involved different doctors.

2) Awake During Surgery

A number of patients will experience what is known as “anesthesia awareness” during surgery. This happens whenever they awaken during surgery and are able to hear what is going on in the background. There are two elements to anesthesia, one that deadens the pain, and another that renders a patient paralyzed. When anesthesia awareness occurs, patients are typically unable to signal doctors because the paralysis agent is fully effective.

3) Wrong Leg Amputated

In 1995, a Florida man entered a hospital in order to have his leg amputated. Doctors began performing surgery to remove the opposite leg instead. The mistake was discovered before the operation was complete; however, by that time, it was too late to reverse the damage. As a result, the man had to have both of his legs removed. The surgeon in charge of the operation was fined $10,000 and lost his medical license for six months.

4) Wrong Body Part Removed

The case of the Florida man is not an isolated incident, as doctors have also been known to remove the wrong body part from patients. A Minnesota man experienced this when surgeons removed the wrong kidney from his body, leaving one that was suspected of containing cancer intact. In Los Angeles, doctors also removed the right testicle of a man who was suspected of having cancer in his left testicle.

5) Failure to Provide Treatment

A woman entered King’s Hospital in Brooklyn New York in 2008 for treatment, and waited nearly 24 hours to see a doctor. She eventually collapsed on the floor of the emergency room, where workers simply ignored her thrashing about until she eventually passed.

Cases like these may be unusual, but they actually happen more often than people think. Medical malpractice victims may be entitled to relief for their damages, pain and suffering.

Get a Malpractice Attorney on Your Side

All it takes is one screw-up and your life is forever changed. If you have recently been to the hospital and suspect that the medical staff made mistakes that negatively affected you, then you need to speak with a personal injury attorney today to learn about your legal rights. Call 713-222-1222 in order to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

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Recent Oil Spill Causes Lawsuits and a Series of Legal Maneuvers

Recent Oil Spill Causes Lawsuits and a Series of Legal Maneuvers

The recent oil spill near Texas City on March 22 caused environmental problems, and prompted a massive cleanup process that is still underway. However, it prompted an even bigger legal mess.

A few days after the accident, Judge John Froeschner issued the warrant of seizure as a request of an attorney representing anglers and bait shop owners. The attorney claims that an unnamed shrimper “discovered a significant amount of oil on the captured shrimp. A closer inspection revealed that his entire catch was covered with oil.” The ship was freed after a $9.3 million bond and is now in a Houston shipyard undergoing repairs.

In exchange, the owner of the cargo vessel filed a petition to limit liability in oil spill cases. Attorney Sean O’Rourke, who filed the request for seizure, stated that he expected the request. However, he responded by filing with the courts that all claims be moved back to the federal court in Galveston.

The “responsible party” is the tugboat that was towing the barge, but it has not been determined who is at fault. However, a recent filing says that the vessel was speeding, despite the fog, and did not take evasive action, which proved it was “dangerous” and “unseaworthy.”

This legal chess match will last a long time.

For more information, visit galvestondailynews.com.

Image courtesy of galvestondailynews.com

Who is Responsible for An Injury in a Cinco de Mayo Party

Who is Responsible for An Injury in a Cinco de Mayo Party?

Cinco de Mayo parties are not just held in Mexico, as they are becoming increasingly popular here in Texas as well. These parties often include lots of Mexican food, games, dancing and alcoholic beverages, making them a common place for injuries to occur. When people are injured at a Cinco de Mayo party, they often wonder whether or not the host can be held responsible. Here in the Lone Star State, the answer is almost always “yes.”

Duty of Care

Party hosts have a duty to provide a safe environment for their guests to enjoy themselves in. Unfortunately, while planning a Cinco de Mayo party, few people stop to consider the combination of lighting, alcohol and activity that could heighten the risk for injuries to occur. A few of the things that could cause an injury at one of these festivities include:

  • poor lighting
  • improper supervision during games or activities
  • guests that are overly intoxicated
  • overcrowding that leads to crushes, slips or falls
  • food poisoning due to improperly prepared food
  • party facilities that are not well maintained

Types of Injuries

At a Cinco de Mayo party, guests can suffer everything from broken bones to concussions whenever the host fails to plan for safety. Sometimes these injuries are rather minor, but other times, they could require medical attention. In some cases, partygoers will even have to take time off from work, or may become hospitalized or require surgery in order to fix the problem.

Determining Liability

Liability in cases such as these is normally established by the presence of a formal invitation to an event, which can be either written or verbal. Even if the injured party does not have a formal invitation, the host can still be liable if an invitation was implied. For example, if the victim was a guest of another person who had a formal invitation, yet was not asked to leave, an invitation to attend could then be implied. As such, hosts can even be held liable for damages to so-called “party crashers.”

Making a Case

After a Cinco de Mayo injury, it is important to gather information from any witnesses that might have observed an accident. If possible, pictures should also be taken in order to prove that there were unsafe conditions. These things will go a long way toward proving a party host was negligent in the event the matter needs to be settled in a court of law.

After you have taken photographs and gotten your injuries checked out in a hospital, then next step is to contact a personal injury attorney. This is important because it’s very difficult to fight a case without a knowledgeable legal professional on your side. Schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

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Armored Van Kills Boy

Armored Van Kills 6-Year-Old Boy and Injures Mother

A Dunbar armored van hit and killed a 6-year-old boy near downtown Houston. The little boy was crossing the street with his mother and another woman. According to investigators, the trio did not yield to oncoming traffic and were struck by the van.

The boy and his mother were taken to LBJ Hospital, where the child was pronounced dead. The mother’s condition is unknown, and the woman with them was treated for injuries at the scene.

The driver of the armored truck, a Dunbar employee, was very upset. However, she showed no signs of intoxication, and it is unclear if she will face any charges.

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ATV Injuries They Can Happen to You!

ATV Injuries: They Can Happen to You!

ATVs allow people to access remote areas they might not otherwise be able to get to with other modes of transportation. They are sometimes used by farmers and ranch hands to get to their fields and livestock quickly, and those in the logging industry frequently use them as well. Riding an ATV is often performed for recreation, with a number of parks providing trails especially for that purpose. Regardless of the reason for riding them, ATV accidents can happen.

Causes of Injuries

Defective equipment is one of the leading causes of ATV accidents. Vehicles that are poorly designed may roll over, flip on end or throw riders off of them. The same can be said for vehicles that are properly designed but poorly maintained. Those who provide them for others to use are responsible to ensure that they are maintained properly, regardless of whether they are being used for commercial or recreational purposes.

Injuries sometimes occur whenever the right safety equipment is not worn or fails to function properly. Riders should always wear helmets and avoid loose-fitting clothing that might get caught in certain parts of the vehicle and cause an injury or malfunction.

Riders should also receive safety briefings before departing, to include an update on current weather conditions. They should also be made aware of any trail hazards so that they can take the necessary precautions once they depart.

Common Types of Injuries

ATV injuries can range from moderate to severe, with some of the more common ones being:

  • broken bones
  • head trauma
  • crushing
  • severed limbs
  • paralysis
  • death

Time is usually of the essence in any injury, and the fact that many ATV accidents happen in remote areas often makes it challenging to obtain medical attention. As a result, many people wind up suffering more than they should because they are unable to receive help in a timely fashion. When cell phone coverage is sparse, it can be a good idea for riders to carry a radio with them so that they can signal for help should they be unable to make a phone call.

Performing an Investigation

The first priority in an all-terrain vehicle accident should be to seek medical attention. After that, an investigation into the cause of the accident should be performed so that future incidents can be avoided. If negligence is discovered during the course of an investigation, legal action might be necessary in order for the injured party to fully recover damages.

Get Legal Help Today

If you have been injured by an All-Terrain Vehicle, then you are probably making some tough decisions such as how you will pay for all of your medical bills and how to live your life after your injuries. One of the best decisions you can make is to hire a skilled personal injury attorney. You can schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

What is the Basis for Most Medical Malpractice Claims

What is the Basis for Most Medical Malpractice Claims?

Medical malpractice occurs whenever a healthcare worker acts negligently in providing patient care. This can be by failing to take the right safeguards to protect the patient’s health or by failing to provide the proper care for an individual. Doctors are typically thought of as being the ones that commit malpractice; however, nurses, medical assistants and even laboratory technicians can be guilty of it as well.

Requirements for Proving Malpractice

When bringing about a medical malpractice suit, there are certain things that must be shown before negligence will be determined. The basic requirements for filing a medical malpractice claim are:

  • That a practitioner-patient relationship existed
  • The practitioner was negligent
  • This negligence was the cause of an illness or injury
  • Damages ensued as a result

All of these things must be shown before relief can be granted in a court of law. Plaintiffs are generally required to prove it was “more likely than not” that these things happened in order to prevail.

Not Everything Qualifies as Medical Malpractice

When trying to determine whether or not medical malpractice occurred, it’s important to note that not every mistake made by a doctor or other healthcare worker qualifies. Likewise, simply being unhappy with a particular treatment is not enough to substantiate a claim of medical malpractice. In many cases, it will be necessary to have an expert witness testify as to the basis of care that should have been provided in order to gauge whether or not a provider was actually negligent.

Common Types of Malpractice

Healthcare malpractice can encompass a number of things, but there are a few common types that are more common than others are:

  • Failing to make a diagnosis
  • Making an inaccurate diagnosis
  • Recommending an improper treatment
  • Failing to recommend a treatment
  • Not giving ample warning about the risks of a procedure or treatment
  • Failing to obtain consent

Who is Responsible?

The responsible party in a malpractice case depends on who actually committed the offense. When it involves employees of a hospital, the administration of that hospital could be held liable for damages. If it occurred at the hands of a physician, the doctor could be held personally responsible. In extreme cases, there could be more than one responsible party that would need to be named in a lawsuit. Knowing who should be named in a lawsuit is very important, as petitioners who fail to name a responsible party could lose the right to bring suit against him or her at a later time.

Hospital injuries can be overwhelming without proper legal guidance. If you or a loved one has been injured in a hospital, then the best thing you can do is pick up the phone and call 713-222-1222 to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

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amusement park injuries

Amusement Park Injuries: What Should You Do?

During the summer months, one of the most popular forms of family entertainment involves visiting an amusement park in Houston, Texas. While people head to these parks to have a good time, the sad truth is that a number of them will be injured in accidents during their visit. The high cost of maintaining amusement parks coupled with a downturn in attendance has led many operators to take safety shortcuts, often with devastating results.

Rides a Major Contributing Factor

A good number of amusement park injuries happen on rides. These injuries are caused by a number of things, which can include:

  • Faulty maintenance
  • Poor design and inadequate testing of new rides
  • Operator error
  • Failure to supervise patrons properly
  • Lack of safety inspections

It only takes one small thing to go wrong before a rider suffers debilitating injuries in Houston, Texas. One of the most common injuries that happen on amusement park rides is whiplash whenever the head or neck is suddenly thrust in one direction or another. Guests could also suffer broken bones, head injuries, brain or spinal cord injuries or concussions; in some cases, death may even ensue.

After an Amusement Park Accident

When an injury is apparent immediately, park staff should perform an immediate investigation into the matter before transporting the victim to the nearest hospital. This is so that other patrons inside the park do not meet a similar or even worse fate. Some injuries such as whiplash may not be noticed immediately after riding, in which case the park should be notified as soon as possible. Their reaction should still be the same-to provide an immediate investigation into the matter so that no one else is injured.

After receiving medical treatment, victims should file a claim with the park’s corporate office for their damages. Unfortunately, many people have difficulty settling their claim in this manner, leaving them with no other alternative than to take legal action.

If you are in this situation, then it’s important that you seek professional legal assistance ASAP so you can assess your options. Schedule a free case evaluation today by calling 713-222-1222.

Been in an Accident? Take Pictures NOW to Preserve Evidence!

Determining fault in an accident is sometimes very difficult to do unless the right evidence is available. Photographic evidence can be especially helpful, which is why accident victims should take pictures and videos of the scene as soon as possible.

Taking Photos at the Scene

At the scene of an accident, pictures should be taken of all vehicles involved. There should be pictures taken from various angles, as this can help investigators determine what actually happened just before an accident. It is also a good idea to take several detailed pictures of any damage to the vehicles, as this can help prevent people from making fraudulent claims later.

Pictures of the accident scene can be helpful, but videos are even better. Videos can capture things that may not be easy to see in a still photograph, as it can show traffic or current weather conditions in much greater detail.

After the Accident: Revisiting the Scene

It is also a good idea to return to the scene of an accident a few days afterwards in order to take pictures or videos. By doing so, victims may be able to capture details that were previously overlooked. For example, a traffic light that doesn’t work properly or broken pavement might have contributed to an accident, but this fact might not have been known at the time. Making a return visit could just provide some missing pieces of the puzzle that could make proving damages much easier to do.

Photographs of Physical Injuries

Accident victims should also take photographs of their injuries whenever it is practical to do so. Many people are squeamish about doing this, but it can nonetheless be important. If possible, photographs of injured parties should be taken before people are moved, as this can also go a long way toward proving the exact cause of an injury. Even so, taking pictures should never take precedence over providing medical care or other assistance.

Validating Photographs

In a court of law, photographs may need to be validated by the person who took them before they can be used as evidence. The requirements for validating photographs varies, but can sometimes be a simple as a written affidavit from the photographer attesting to the time, date and place where they were taken. A personal injury attorney can be an excellent source of information when it comes to determining the requirements for validating photographs during any legal proceedings.

If you have been in an auto accident, the best thing you can do is speak with a qualified legal expert to learn what steps you need to take. Schedule a free case evaluation today by calling 713-222-1222.

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Playground Injuries, Supervision Negligence and Failure to Witness Injuries: Who’s Responsible?

Children of all ages enjoy playing on playgrounds, and parents have a reasonable expectation that kids will be safe when doing so. Part of these safety expectations involve ensuring that children are properly supervised during playtime. One of the questions that’s frequently asked involves whether or not a failure to witness an accident constitutes negligence. The answer largely depends on whether that supervision would have been reasonable under the circumstances.

Duty of Care

Childcare providers have a duty to provide reasonable supervision for kids when they are playing outdoors. As a part of this supervision, individuals should ensure that there is an adequate adult-to-child ratio so that watching kids on a playground will not be too overwhelming. As such, caregivers who manage too many children at one time could be liable for damages. A few other instances in which negligence may occur include:

  • Child care workers who are distracted or not paying attention
  • Allowing children to engage in activities that are not age appropriate
  • Older children being permitted to play with younger children whenever doing so would be unsafe

Reasonable Person Standard

In determining negligence, courts typically use what is known as a “reasonable person” standard. In doing so, they will try to determine what a reasonable person would have done under the same circumstances, and then look at the actions of the accused. If it appears an individual did not take reasonable precautions, he or she could then be viewed as negligent, and subsequently be liable for any damages that occur. As such, the decision as to whether or not a caregiver was negligent by failing to witness an accident will largely depend on whether he or she could have reasonably been expected to do so.

Types of Possible Playground Injuries

Some playground injuries, such as scrapes and cuts, are relatively minor ones that are expected for this type of activity. Others should never happen, such as is the case with:

  • Traumatic head injuries
  • Broken bones
  • Back injuries
  • Serious lacerations

Legal Actions to Take after an Accident

After a playground accident that is unwitnessed, every effort should be made to determine the cause of it as soon as possible. This should be done not only to determine negligence, but also to prevent other children from sustaining a similar accident in the future. Only after a reasonable investigation has been done will parents of injured children know whether they have a remedy available to them under law.

If your child has been injured on playground equipment, then it’s important you contact a professional legal representative. Schedule a free case evaluation and call 713-222-1222 today.

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