That slight chill in the air is clear proof of that unmistakable Texas winter, and with that comes the Winter 2009/2010 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from Street and Ragsdale, your Fort Worth/Dallas car crash lawyers.

WE PREFER YOU TO REFER!

The period of time following an accident is one of confusion and uncertainty. There are many things to take care of. Hiring a good lawyer is one of them.

Many times, people don’t know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That’s our job.

BIG RIGS = BIG PROBLEMS

We all know the feeling: that uncomfortable tightening of the chest we get when we look into our rearview mirror and see an 80,000‑pound 18‑wheeler truck barreling down on our back bumper. This feeling is not entirely irrational. According to federal statistics, such trucks cause thousands of collisions each year. Given a truck’s size and weight, common sense tells us that a collision between a big rig and a car—or even an SUV—is likely to turn out badly for the car or SUV.

A RISE IN NURSING HOME ASSAULTS

Many of us are aware that se­niors can face dangers in nursing homes. Residents can receive substandard medical care, be given the wrong medications, or simply be neglected. However, recent data show a rise in new and unexpected problems—assaults, rape, and even murder.

PREVENT BURGLARY

Approximately every 15 seconds, a house is robbed somewhere in America. A few simple precautions can make your home a less‑inviting target and can convince burglars to try their luck elsewhere.

DRUG WARNING: ORAL SODIUM PHOSPHATE

Having a colonoscopy can be unpleasant, but it may also be dangerous. Before such a procedure, doctors often ask patients to take oral sodium phosphate (OSP) to clean out the bowels. However, OSP (which is available over the counter) can be very dangerous.

TIRED TRUCKERS CAUSE ACCIDENTS

Of all of the causes of truck collisions, one of the most preventable gets the least press: driver fatigue—in other words, tired truckers. Although federal law both limits the maximum number of hours that a truck driver is supposed to drive and prohibits truckers from driving if they are “impaired through fatigue,” the fact is that more and more big‑rig drivers are taking to the highways without enough sleep.

Many of us are aware that se­niors can face dangers in nursing homes. Residents can receive substandard medical care, be given the wrong medications, or simply be neglected. However, recent data show a rise in new and unexpected problems—assaults, rape, and even murder.

In 2000, there were 5,000 cases of patient‑on‑patient assaults in nursing homes; by 2003 (the most recent year for which statistics are available), this number had risen to 5,515. During the same period, the number of rapes increased by 51%.

There are a number of reasons for this increase in attacks on the elderly. As the population ages, nursing homes have become more crowded. More people suffer from dementia or mental illness, which sometimes can cause them to lash out violently. Some nursing homes house younger, mentally ill patients with older, defenseless elderly residents. Finally, some nursing home residents are criminals, elderly sex offenders, or murderers. Unfortunately, Texas was one of the states identified in a survey as having among the highest numbers of registered sex offenders living in nursing homes.

Usually, the person responsible for a criminal act is the criminal. However, in many cases, these assaults lead to civil suits against the nursing homes, based on the claim that the nursing home was negligent for not keeping a dangerous resident away from the victim or for not taking the time to determine which residents are potentially dangerous. The suits argue that a nursing home should be aware of these things and that it should take steps to protect residents from assaults once it knows that a particular person presents some kind of danger to others.

Nursing homes often point to health‑care privacy laws and claim that these laws prevent them from issuing warnings about other residents. They also sometimes cite inconsistent state laws or claim that the costs of background checks and the like are too high for them to bear.

Advocates for the elderly are more likely to cite understaffing, incompetence, and an unwillingness to admit that there is a problem. Whatever the cause, individuals whose loved ones reside in nursing homes should be aware of the potential for violent assaults and should keep their eyes open and not be afraid to ask hard questions of the management and staff.

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.

Carbon monoxide (CO) is a colorless, odorless gas given off by fuel-burning appliances such as gas heaters and gasoline-burning engines. CO can become deadly when these types of appliances are used indoors or without adequate ventilation. According to the CDC, about 500 Americans die every year from CO poisoning not related to a house fire, and more than 15,000 are injured.

Deaths and injuries peak in midwinter, when heater use is highest and when houses are tightly closed. Symptoms of CO poisoning include headache, dizziness, weakness, nausea, and confusion, and, because they resemble symptoms of other illnesses, people often do not realize they are being poisoned by carbon monoxide until it is too late.

In order to protect yourself against CO poisoning, you should have your gas heating system inspected every season. Don’t use generators or gasoline-powered heaters or tools inside, or in an enclosed space like a garage. Also, keep these CO-producers away from windows and intake vents, which can spread CO throughout the house.

Because CO is hard to detect, the best way to protect yourself from CO exposure is to buy a CO detector. They look like smoke detectors, and will sound an alarm if CO levels get too high. Be sure to play it safe and protect yourself against this deadly gas.

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.

It’s the end of the year, and that means it’s time for the Winter 2008/2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from Street and Ragsdale, your Fort Worth/Dallas personal injury lawyers.

WE PREFER YOU TO REFER!

The period of time following an accident is one of confusion and uncertainty. There are many things to take care of. Hiring a good lawyer is one of them.
Many times, people don’t know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That’s our job.

ATVS: ACCIDENTS WAITING TO HAPPEN

According to the Consumer Product Safety Commission, approximately 136,000 injuries and 700 deaths occur from ATV accidents every year.

CHILDREN AND ATVS

Amazingly, 95% of children between the ages of 12 and 15 who are injured on ATVs (and 65% of younger children) are injured or killed while riding a full-size ATV intended for an adult.

BE ALERT FOR MEDICATION ERRORS
While more and better drugs are usually considered a good thing, the increase in the number of drugs available and in the number of drugs the average person takes has led to an explosion in the number of errors made in prescriptions.

UNSAFE LOAD = BIG RECOVERY
The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.

BALANCE YOUR CHECKBOOK
Although no one would argue that balancing your checkbook is a fun way to pass an evening, balancing it every month is important for several reasons.

INSURANCE COMPANY HITS
When it’s time for an insurance company to pay you a settlement because you were injured in an auto accident, does your insurance company sing a different tune?

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.