According to the federal Centers for Disease Control (CDC), patients in American hospitals come down with over 2 million hospital-acquired infections each year, 90,000 of which result in death. Nor are nursing home patients immune: The CDC estimates that this population suffers another 1.5 million preventable infections each year, for a total of 3.5 million facility-acquired infections annually. While these numbers are grim enough on their own, they become even more so when you realize that, by comparison, the incidence of new AIDS infections ranges from 38,000 to 56,000 per year, while AIDS deaths number about 16,000 per year. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

The number of such infections has been on the rise in recent years, although experts disagree about the reasons. Some point to the rise in the number of infectious agents that are resistant to some or all of the antibiotics used to treat infections. Others point to the increasing prevalence of HMOs, which can result in patients’ not being treated by a specialist trained to recognize an infection until after it has become established, when it is more difficult to treat. Others claim that the infection rate is the same as it has always been, and it is just that reporting has gotten better.

Many authorities reject hospitals’ traditional response to complaints about infections acquired in their facilities–that a certain number of infections is inevitable–and have concluded that most of these infections result from the failure of the hospital or its staff to strictly follow the rules intended to prevent the infections.

Revolutions

The response to this information has led to a legal revolution that will hopefully bring about a health-care revolution. More than half of the states have passed laws requiring hospital-acquired infections to be reported to state health authorities, so people have a better idea of the scope of the problem. The CDC itself has given the issue much more attention than it ever did in the past, and has recently issued guidelines that hospitals and nursing homes should follow to prevent infections in their patients. So has the Joint Commission, a body that gives hospitals their accreditation and whose regulations are considered by many to be a good statement of the standards that hospitals should follow.

These changes are not just regulatory, but also legal. Lawyers who counsel hospitals and nursing homes have taken these standards seriously, and they advise their clients to enact protocols to ensure that these standards are met, rules that can include something as simple as requiring the staff to wash or otherwise disinfect their hands when moving from one patient to another.

Lawyers also advise hospitals to regularly screen patients for the presence of drug-resistant organisms and to regularly use instruments that have been pretreated with antibiotics to prevent infections before they occur. In recent years, based on these recommendations, many facilities have overhauled their policies and procedures that are intended to prevent infections, even imposing penalties on doctors and staff who are caught failing to obey the new, stricter rules.

Lawsuits

However, because not all hospitals and nursing homes have gotten the message, and because some of them allow profits to come before patient care, another legal avenue is being pursued: litigation. With the problem of hospital-acquired infections now well known, and with the enactment of many new regulations designed to address the issue, hospitals are finding it harder to avoid liability when a patient does become infected.

In some rare cases, juries are awarding tens of millions of dollars to patients who contracted serious bacterial infections while they were patients at hospitals or nursing homes, infections that often involve drug-resistant, flesh-eating bacteria and that lead to death or to the loss of limbs and organs. Most experts agree that the publicity given to the problem has also made jurors more aware of the problem, and so less tolerant of a hospital’s lack of a similar awareness and concern.

Despite increased awareness, lawsuits regarding facility-acquired infections can be difficult to win. Although the fact of the infection is known, the cause is often difficult to pinpoint. In some cases, the medical records allow experts to determine the likely source or cause of the infection, but, in others, it is not possible to know exactly where the infection came from and, therefore, who is at fault. This uncertainty means hospital infection cases must be handled very carefully by experienced lawyers to ensure that the injured patient or his or her surviving family have their day in court.

If you feel that you or someone you love may have been a victim of a preventable infection, contact us. We can help you determine the best course of action for you under the circumstances.

In a potentially helpful development, the federal government has passed new rules that limit the payments Medicare will make to a hospital to pay bills incurred in treating preventable infections and medical errors the hospital should have avoided. These same regulations also specify that neither may the hospital bill the patient for this care.

Proponents of these regulations claim that making the hospitals pay for their own mistakes will give them a financial incentive to take steps to prevent infections and errors that can be avoided. However, some ask whether Medicare will be able to adequately monitor these rules, while others ask whether these rules might endanger patients because hospitals are unwilling to provide high-quality care if they know they will not be paid.

According to a recent university medical study, a drug commonly prescribed to treat osteoporosis in women may have the unintended side effect of causing a serious jaw disease.

The drug, called Fosamax, is made by the pharmaceutical company Merck. It is the most common drug prescribed to treat this condition (which affects about 10 million Americans) and is one of the 20 or so most common drugs prescribed in this country. Unfortunately, researchers at the University of Southern California have linked its use with a condition known as “jaw necrosis” (also known as “ONJ” or “Dead Jaw”), which causes the jaw bone to decay. Symptoms can include jaw pain, sores on the jaw, and loss of teeth. The condition can be disfiguring, and is often very difficult to treat.

According to the study, 9 of 208 people prescribed Fosamax developed jaw necrosis, about 4% of those taking the drug. Some developed problems even though they took the drug for only a short time. However, Merck does not warn people of the danger, and in fact denies that Fosamax causes jaw necrosis.

If you have reason to suspect that you or someone you love has been harmed by Fosamax, or know someone who has developed jaw necrosis, call us. We can help you determine if you have been injured or are entitled to any compensation.

A few years ago, the news was full of stories of toys being pulled from shelves for dangerous levels of lead in their paint. Anyone who was injured by these dangerous toys certainly has a claim against the manufacturer, but asserting a claim is often difficult, especially if the factory that made the product is in another country.

Although product liability laws offer very powerful protections to consumers who have been injured by dangerous or defective products, it is often hard to identify the foreign manufacturer of a given product to bring suit against, and even if you do succeed in identifying the manufacturer, it is often even more difficult to collect any judgment from the manufacturer when the suit is over.

However, the law does not leave consumers without any remedy. In addition to the actual manufacturer of the defective product, the law usually also makes those in the chain between the manufacturer and the consumer liable for the dangerous product. In the case of a toy made in China, this may mean that both the distributor of the toy and the store where it was sold can also be liable for any injury the defect in the toy may cause. Because the wholesaler and the retailer are usually American companies, they are usually much easier to find and to sue.

That said, product liability law can be complex, and it varies from state to state. Going it alone, without the assistance of an experienced attorney, is not a good idea. If you have been injured by a dangerous or defective product, call us–we would be happy to discuss your case and your options.

Dallas Boat Accident Lawyer News

A boat accident killed a 18-year-old Dallas high school student this June. Lisa Chung and her friends were in Cancun celebrating their graduation when the allegedly overloaded catamaran they were on began to sink. Shortly after, the boat capsized, roughly dumping the Dallas students and their fellow passengers into the water. Miss Chung nearly drowned in the boat accident, but tragically her heart, lungs and brain were so damaged by the accident that she died two days later.

With all the lakes in the Dallas metroplex, including the 22,745-acre Lake Ray Hubbard, your chances of being in a Dallas boat accident are greater than you might think. Although our example boat accident occurred in Mexico, boating accidents happen all over the world with distressing frequency. How do you avoid becoming a Dallas boat accident statistic?

Here are our Dallas boat accident safety tips:

• Don’t drink and drive, on land or sea. There are no lane markers or embankment railings on Dallas lakes, but that additional freedom means that a boat accident can come from any direction. Exposure to sun, wind, noise and vibration also can dull your senses as much as alcohol, so if you add alcohol to that equation, you can see how Dallas boat accidents happen.
• Wear a lifejacket.
• Don’t be caught unawares by the weather. Texas weather turns on a dime and is the source of many a Dallas boat accident or tragedy.
• Bring maps, flares and a medical kit.
• Let your friends know when you’ll be back. If you’re in a Dallas boat accident, they’ll know to call for help.
• Don’t sit on the gunwales or seatbacks where a sudden change in direction would toss you overboard.

If you or your loved ones have suffered because of a Dallas boat accident, you owe it to yourselves to contact the Dallas boat accident legal team at the STREET LAW FIRM. Contact us today for an obligation-free Dallas boat accident consultation.

A dog bite lawyer is necessary if you or a loved one have been the victim of a dog bite. Unquestionably frightening and often disfiguring, dog bites can leave a person with a terrible, permanent personal injury and with a lot of emotional damage. If you have been bitten by a dog, it’s vital to immediately seek medical attention and then speak with a dog bite lawyer to find out what should be done next.

Personal Injury from a Dog Bite?

They say dogs are man’s best friend, but when a dog attacks a person, there’s nothing friendly about it. A personal injury from a dog bite can be very serious – not to mention painful. The last thing a dog bite victim needs is to be overwhelmed by paperwork and communication with insurance companies and doctor visits. Knowing the right steps to take can be stressful and confusing for a person to handle. But if you have a dog bite lawyer on your side, the process can be much easier.

Dog Bite Injuries

Dog bite injuries can be very serious. They can include disfigurement and scarring, head injuries, broken bones and fractures, wrongful death and emotional trauma. These personal injuries can require medical attention and may even require expensive plastic surgery or multiple surgeries to fix. Questions may arise, such as “Who is responsible for paying the medical bills?” These questions can be complicated to answer, but having a knowledgeable dog bite lawyer on your side will help you get them answered.

Get a Dog Bite Lawyer

Get a dog bite lawyer as quickly as possible if you’ve been the victim of a dog bite. You’ll want to hire a dog bite lawyer with lots of experience, knowledge and passion for fighting for what their clients deserve. You can find this kind of dog bite lawyer at Dallas, Texas’ STREET LAW FIRM. A dog bite victim must protect their rights and should contact a dog bite lawyer to find out what steps to take next. A dog bite lawyer at the STREET LAW FIRM can evaluate your case at no cost to you. And if they decide you have a personal injury claim, they will handle your case and fight for the compensation you deserve. You pay absolutely nothing unless we win your personal injury case.

We’re happy to bring you the Fall 2008 Texas Law Alert in this new blog format. This article and the following short blog entries are all part of this fall’s Alert. Each Alert brings you easy-to-read tips and articles on everyday legal topics.

Despite this modern age of marketing and advertising, the best source of our new business is word-of-mouth. We are grateful that many of our clients and friends feel confident in recommending our firm.

Unfortunately, when people need a good lawyer, they often do not know where to turn. If you or someone you know has been injured and needs legal help, contact us for a free case evaluation.

Automobile Insurance Essentials

Most of us who drive know we must have insurance on our automobiles, but not all of us know what this insurance does and does not cover.

After an Auto Accident

Simple, practical advice about what to do after you’re involved in a car wreck or auto accident.

Advice for the Injured

No one wants to be injured in an accident, and no one wants to have to hire a lawyer to pursue a claim against the person who injured them. However, people are occasionally injured and have to pursue a claim.

Travel Safely on Airlines

While passengers in a plane can hardly prevent a crash, they can take some common-sense steps to make sure that they survive any crash that may occur.

Dog Owners Be Advised

Some dog owners believe they cannot be liable if their dog attacks someone, unless it has attacked someone else before and therefore the animal is known to be dangerous. The Texas Supreme Court has recently made clear that this is not accurate.

Dangerous Drugs

Although the majority of drugs are safe and effective, many are dangerous to certain users.

Visit our archive of past Texas Law Alerts.

Personal Injury Tips

No one wants to be injured in an accident, and no one wants to have to hire a lawyer to pursue a claim against the person who injured them. However, people are occasionally injured and have to pursue a claim. If this has happened to you, keep in mind the following tips.

Be Careful Whom You Talk To

As strange as it may sound, you have to be careful whom you talk to about your injuries. Of course, you are going to talk to family members and friends about what happened. Out of concern, many of them will offer you all kinds of advice about your medical care and legal matters. Although they are well-intentioned, your family and friends are not usually doctors or lawyers, and, even if they are, their advice may not be correct. Instead of relying on advice from nonexperts, rely on a doctor and a lawyer you trust to help you make medical or legal decisions.

When speaking with your doctor, keep the focus on your condition. There is no need to hide the truth–if your doctor asks if you have a lawyer, tell him you do. However, keep in mind that it is the doctor’s job to care for your body, and the lawyer’s job to handle your case. There is no need to volunteer more than you have been asked. Also, make sure that your doctor knows immediately about any change in your medical condition.

BE VERY CAREFUL when speaking with an insurance adjustor who works for the insurance company of the person who caused your injuries. No matter how friendly he seems or how much he says he wants to help, he works for your opponent and is trying to pay you as little as possible. The best tactic is to tell the adjustor to call your lawyer.
Keep Good Records

If you are being treated for injuries, you will generate a lot of paperwork, much of which is relevant to your case. If you can keep your records in good order, this will help your lawyer tremendously.

Of course, keep copies of medical records, especially your bills, from all of your doctors and other healthcare providers. Records from your health insurer are also important.

If you have missed time from work and are trying to recover for your lost wages, a pay stub showing how much you would have earned can be valuable, as is a statement from your employer telling how much time you have missed from work. Income tax returns from current and prior years are also helpful, allowing a comparison between what you earned before you were injured and what you earned afterwards.

In addition to this, keep any documents that you receive from an insurance company, whether your own or the insurer of the person who caused your injuries. If you receive anything in the mail that looks as if it is related to your case, hang onto it.

Help Your Lawyer to Help You

Finally, don’t overlook the obvious. Make sure that your attorney has your current address and phone number, and let him know if they change. Your lawyer will do everything possible to give you plenty of notice about things he or she may need, and you will have to meet any deadlines the court might impose.

If you need to speak with your lawyer, make an appointment. This ensures that your attorney will have time to speak with you and will be prepared to discuss your case. Lawyers have other clients and other commitments, and “dropping by” without notice may waste your time.

Keeping all of these things in mind will help your case go as smoothly as possible and help to ensure that you recover everything that you deserve.

Some dog owners believe they cannot be liable if their dog attacks someone, unless it has attacked someone else before and therefore the animal is known to be dangerous. The Texas Supreme Court has recently made clear that this is not accurate.

The case involved a salesman who was making a delivery to the owner of three dogs. When the door opened, the dogs attacked the salesman, who was badly bitten. As the dogs were attacking the salesman, the owner did nothing to try to stop them.

The salesman sued, and the owner argued that because the dogs had never been vicious before she could not be liable for the injuries they caused. On appeal, the supreme court disagreed. It ruled that because the owner saw the dogs attack, she should have taken reasonable steps to try to call off the dogs or otherwise stop them from attacking the salesperson. Because the evidence showed that she did not do so, she could be liable.

Pet owners should be prepared not only to take reasonable steps to protect people from attacks by their pets, but also to take reasonable steps to stop such attacks should they begin.

Dallas Lawyer Shares Knowledge

Dallas Lawyer Dan Street and his legal team welcome you to their new blog. The new blog will be covering all areas of Dallas law that we find useful and informational to our current clients and our potential clients.

A History of Success in Legal Matters

The Dallas law firm STREET LAW FIRM brings to the table more than 50 years of handling personal injury and wrongful death cases with a 99.9% winning percentage. Very few personal injury lawyers or personal injury law firms can match that percentage of cases won.

Our Areas of Expertise in Dallas Law

The areas of expertise for these Dallas lawyers are airplane crashes, boating accidents, dangerous products, motorcycle accidents, sexual harassment, slip-and-fall, animal bites, bus accidents, hospital negligence, non-subscriber cases, trip-and-fall, truck accidents, bicycle accidents, car wrecks, medical malpractice, pedestrian accidents, train wrecks, and wrongful death.

Dallas Law Firm That Provides Assistance

Dan Street and his team are experts in the areas of personal injury, wrongful death and Texas law and they into to share their knowledge with you through interesting and timely blog posts. The blog posts may answer some of your questions regarding the law or they may cause you to realize that you need to retain a lawyer. These blogs will bring you insight into your rights, as well as insight into cases that you may find are similar to your own.

Our Legal Team Is Here for You

Come join the Dallas law firm of the STREET LAW FIRM as they begin their voyage into the world of blogging. And if you ever find yourself in a situation where you need a personal injury or wrongful death lawyer, please contact one of our personal injury legal team today. They will be glad to help you in anyway they can, and the initial consultation is always free.