A group of motorcycles were traveling at a fast speed on I-45 on Thursday night.  One rider crashed his motorcycle.  Other motorcycles, in a effort to help the injured rider, begin traveling southbound on the northbound lanes of I-45.  Many cars traveling north on I-45 had to pull over on the side of the road to avoid hitting the motorcycles traveling the wrong direction.

A driver of a 18 wheeler truck called 911 to get help.  As he tried to pull his truck off the side of the road, a Buick Regal with three passengers crashed into the the 18 wheeler.  Two occupants of the vehicle, Jonnatha Hamilton and Derrick Finch were killed instantly.  The surivivor in the car and the person involved in the motorcycle accident were taken to Baylor University Medical Center.  Both are listed in criticial condition.

The driver of the 18 wheeler had his wife with him.  His wife, Nomi Marquez, said her husband was trying to move the motorcycle and both of them heard tires from a car.

According to the Dallas County Sheriff, the multiple motorcycle riders traveling in the wrong direction left the scene and were not interviewed by officers.

Our thoughts and prayers go out to the families involved in this tragic situation.

Failure to Treat is a Form of Medical Malpractice

Is a failure to treat a condition a case of medical malpractice? According to the Journal of the American Medical Association, U.S. healthcare can actually contribute to poor health. Consider some of these alarming statistics. In the U.S., there are 12,000 patients that die because of unnecessary surgery. There are 7,000 patients that die because of medication errors. Furthermore, 20,000 patients die because of other errors and 80,000 infections occur because of treatment.

With so many expensive errors being made on a yearly basis it’s no wonder that doctors are often hesitant to order any medical treatment that isn’t absolutely required. However, this does not make the failure to treat a condition acceptable. Doctors have been given a responsibility: to examine for the threat of disease and to take prompt action when discovering its presence. The doctor is not expected to save a person’s life, not from a legal standpoint. But he does owe the patient an acceptable standard of care that has been set by top-performing doctors in this field. The doctor should not be hesitant to perform his duty according to the standards set by her own industry. This is the only obligation, and such model of conduct if followed will not expose the doctor to the threat of medical malpractice.

However, the failure to diagnose and the failure to treat a disease in its early stages is indeed a major oversight. It is a costly mistake for both the patient and the doctor when this happens. For example, cancer can sometimes be successfully removed when a doctor and patient agree to prompt diagnosis and surgical or radiation treatment. In fact, this story from Fox News actually suggests that the parents of a patient who willfully did not seek out medical treatment for their sick child (a sickness that could have been treated and typically had a 95 percent treatment success rate) may have broken the law.

Indeed, when a doctor fails to live up to his responsibility and there is a failure to treat a condition early on, the patient’s life is needlessly risked. Most patients have to be subjected to much harsher and riskier treatment for advanced levels of diseases. In fact, if some diseases or symptoms that appear to be related to a disease are ignored it can result in wrongful death.

Failure to treat disease can involve any of these specific shortcomings:

• Failing to perform medical tests
• Failing to treat a known medical condition
• Failing to refer a patient to other specialist
• Failing to advise a patient of all medical options
• Failing to treat a patient because she has no insurance
• Failing to recognize and treat heart emergency symptoms in the ER

The Merck Online Medical Library states clearly the standard quality of care when it comes to cancer diagnosis: “[Examinations] should be part of a routine checkup; more frequent examinations may be needed for people at high risk for developing skin cancer.”

If there has been a failure to treat your condition by a doctor and your medical ailments have become worse because of that mistake, then you may be entitled to compensation. Contact the Rasansky Law Firm at 1-800-ATTORNEY. Medical malpractice is never your fault, not when it’s your trust that has been violated.

The personal injury attorneys of Rasansky Law Firm have extensive experience handling a broad range of cases including medical malpractice, vehicle accidents, birth injury and much more. In a world of WE, US, and I, Rasansky Law Firm is committed to the revolutionary idea of YOU. 

The cause of this accident was a truck driving over the speed limit, which resulted in the tragic death of our client.  Our client was a veteran and was three years away from retirement when he was killed by this reckless truck driver.  We represented his estate and his widow.

This is our first involvement in a Dallas area wrongful death car accident case, where the other driver was referred to the Dallas County grand jury for possible criminal charges.  The investigating police officer made this recommendation after his accident investigation revealed the truck driver was going 65 m.p.h. in a 40 m.p.h. zone.

This case is a good illustration why all drivers should carry the maximum amount of underinsured (UIM) and uninsured (UM) coverage on their auto policy.  This coverage is relatively cheap and provides protection to a driver in the event they are involved in an accident with a driver that has no auto insurance or only carries the minimum amount of insurance, which is $25,000.00.

Has our client not UIM coverage, the compensation for this auto accident wrongful death would be only $25,000.00.

Generally, a personal injury case that occurs in the Dallas-Fort Worth area or anywhere in the State of Texas must be filed with the court within two (2) years from the date of the event that caused the injury.   However, there are numerous exceptions to this rule.

For example, there is a legal concept known as the “discovery rule.”  The discovery rule, depending on the type of case, may extend the deadline beyond two years.  There must be evidence that the injury was inherently undiscoverable and injury must be able to be verified in an objection fashion.  A court will decide if the “discovery rule” applies to a personal injury claim brought after the 2 year time limit.

For personal injury cases causing a death, the 2 year time limit is based on the date of death.  

Injuries to adults injured in car accidents, truck accidents, motorcycle accidents, drunk driver accidents, dangerous premises, work injuries, construction accidents, oil and gas rig accidents generally begin two years from the date of injury.

In Dallas and throughout Texas, injuries to minors must be brought within 2 years from the minor reaching the age of 18.  

Once of the most confusing statute of limitations involve medical malpractice claims.  Numerous factors can determine the deadline to bring a medical malpractice case, including:  age of the patient, whether the alleged malpractice was a single event or arose from a continuing course of treatment, whether the patient died, when a hospitalization ended, or the date the treatment of a medical condition was finished.

The longer you wait to file a case, the more you risk your case being dismissed by a court for not being timely filed.  Do not wait.  If you think you have a personal injury case, you should immediately contact a Dallas, Texas personal injury lawyer.

The man was employed by a subcontractor doing work for the City of Fort Worth.  Attempts to rescuiate were not successful and the man died at the accident scene.

The medical examiner and Tarrant Co. Sheriff’s Dept. are investigating the cause of the death.

Our thoughts and prayers go out to the family of this deceased worker.

Mr. Lara was an employee of Methany Commerical Lawn Maintenance and was removing debris with a leaf blower.

The accident happened on the 3100 block of England Pkwy.  The accident is under investigation by the Grand Prairie police department.  Our thoughts and prayers go out to the Lara family.

A traffic ticket attorney can keep tickets off your driving record or reduce the amount of money owed on a ticket. By keeping tickets off your driving record, your auto insurance premiums will not increase, your driver’s license will not be suspended and the Texas DPS will not charge you fees/penalties to renew and keep your driver’s license.

1. Does the wrongdoer or negligent party accept responsiblity for the accident and your injuries?
2. What type of injuries did you sustain?  Are the injuries permanent?  Is surgery needed? 
3. Did you have medical problems in the same part of your body before the accident?  Are there pre-existing medical conditions?
4. Did you miss time from work?  Can you return to work?  Do you need training to return to work?
5. Will you need future medical care for your injuries?
6. Will expert witnesses be needed to discuss your injuries, need for future medical care or explain why you need training to return to work or why you cannot return to work?
7. Will you make a credible witness?  Are you exaggerating your injuries?  Do you have criminal convictions?  Have you filed numerous personal injury claims?
8. Will the jury believe your side of the story?
9. Is there insurance coverage available to compensate you for your claim and if not, does the other party have money available to compensate you?

If you have any questions about a Dallas, Texas personal injury case, please contact our firm at (214) 800-3454 or send confidential e-mail at www.kiplawfirm.com 

The actions that you take after your personal injury accident can have a significant effect on your physical and financial recovery.  Below are some tips about what to do if you, or a loved one, have been hurt in a personal injury accident:

• Take Pictures & Notes: if you are physically able to take notes and/or pictures after your accident, it is important that you do so.  Remember, that your cell phone likely has a camera on it so that you can take pictures of the accident scene using it.  Your thoughts about the accident and the conditions immediately preceding the accident will likely have more detail if you document them as soon as possible.  This information can later serve as important evidence in your settlement negotiations or personal injury lawsuit;
• Identify Witnesses: look around and identify anyone who may have witnessed your accident.  Get their name, address and phone number so that you, or your personal injury lawyer, can contact them for statements, or to testify, later;
• Seek Prompt Medical Care: it is important to get a physical examination as soon as possible after your accident and to follow all of your doctor’s orders.  Some injuries, such as traumatic brain injuries, must be treated quickly to avoid further physical damage.  Other injuries may not have significant symptoms immediately following your accident but will require treatment to avoid future pain.
• Be Wary of Your Insurance Adjuster: Insurance adjusters are employees of insurance companies that are looking to make a profit.  Insurance companies maximize their profits by paying out as little as possible in insurance claims. Thus, they want to pay you as little as possible for your claim.  Your insurance adjuster may pretend to be your friend or may try to trick you into saying something that could hurt your settlement.  Therefore, it is advisable to refer your insurance adjuster to your personal injury lawyer if the adjuster has questions about your accident.
• Hire an Experienced Personal Injury Lawyer: it is important to hire a personal injury lawyer to represent you in your personal injury case and to make sure that all of your rights are protected.  Your lawyer will fight for your fair damages while you concentrate on your physical healing.

These tips will help you achieve an equitable recovery for your personal injuries.  Contact a lawyer today to discuss your potential legal recovery.

The Chicago personal injury lawyers of Dolan Law Offices fight for each and every personal injury client and are committed to helping injured parties recover just damages.

The following is a guest blog courtesy of Dolan Law Offices in Chicago

Spinal cord injuries can occur in any type of accident and can instantaneously change your life.  There are two types of spinal cord injuries: complete injuries and incomplete injuries.

Complete Spinal Cord Injuries

A person who suffers a complete spinal cord injury is paralyzed from the part of the spine where the injury occurred down.  If the injury occurred on the upper part of the spine, such as the neck, then the person may suffer quadriplegia and be unable to move from the neck down.  If the injury happens in the lower back then the person may suffer paraplegia and be paralyzed from the waist down but maintain movement in the upper body.

Incomplete Spinal Cord Injuries

While incomplete spinal cord injuries do not typically result in paralysis, they can still have devastating effects.  The Mayo Clinic cites some of the possible spinal cord injury effects as:

• Loss of bladder and / or bowel control;
• Impaired skin sensation;
• Circulatory problems;
• Respiratory problems;
• Low muscle tone that impacts gross motor activities;
• Problems with sexual health; and
• Pain.

Both complete and incomplete spinal cord injuries can result in significant physical and emotional damages that change a person’s life.  If you have been injured in an accident that has caused you to endure problems associated with a spinal cord injury then you may be entitled to damages for your injuries.  It is, therefore, important to contact a spinal cord injury lawyer for more information about your potential recovery.

Dolan Law Offices, P.C. is a firm of Illinois Spinal Cord Injury Lawyers. We are committed to fighting for full and fair compensation for spinal cord injury victims.