Serious injuries, come and see us

Our San Antonio Lawyers have been helping people in Bexar County when they suffer serious injuries as a result of some one's negligence. Auto Accidents are the main culprit, but also injuries caused by doctors, police officers and others.

The Baez Law Firm helps victims of car accidents, even when the victims don't have health insurance. Our lawyers will negotiate your settlement, and if needed, will go to trial for you. Let us help you with your case, do not do it alone.

Our Personal Injury Lawyers help victims of medical malpractice in Texas. The law is very rigit, and our lawyers know how to litigate a case under the new law. Give us a call (210) 979-9777 to set up a free initial consultation.

We have helped victims of police brutality in Texas successfully. If you have been a victim of police brutality in Texas, you need a law firm that is able to handle the police "qualify immunity" issues that could end your case. Let us fight for your rights in court.

Post Title

→

Serious injuries, come and see us

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2010/11/serious-injuries-come-and-see-us.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Perforated Small Intestine

A perforation to the small intestine can sometimes occur during surgery. This is a very serious and dangerous injury if left unattended. I have experience handling medical malpractice issues in Maryland involving exactly this type of injury. In the course of removal of an ovary the OB/GYN accidentally nicked or cut the small intestine. It is generally agreed by certified OB/GYN's and board-certified general surgeons that nicking an internal organ is not in and of itself a deviation from the standard of care. However many will agree that the failure to initiate an examination of the internal organs prior to completing the surgery is a deviation from the standard of care. Specifically as it relates to a perforation of the small intestine a doctor should examine the small intestine prior to completing his surgery. This examination is done by first mobilizing the small intestine so that it can be visually accessed for inspection and secondly running the bowel. There is no guarantee that every nick will be discovered. But it is certain if this inspection procedure is not followed the nick will never be discovered.

If you a family member or friend have a question about a medical procedure and you believe you may be the victim of medical malpractice please feel free to call me. I am happy to answer your questions for you right over the phone at no cost to you. 1-888-760-7339

Post Title

→

Perforated Small Intestine

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2010/08/perforated-small-intestine.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Maryland Medical Malpractice requirements of the certificate of merit

Recently, in Barber v. Catholic Health Initiatives, Inc., 174 Md.App. 314, 921 A.2d 811 (2007), the intermediate appellate court examined previous health care claims cases of this State, including this Court's decision in Walzer, and determined that the identity of the physicians who allegedly breached the standard of care must be discernable from the Certificate, and that a failure to do so will result in dismissal. In that case, the claimant named all twelve defendants in the original claim and defined them collectively as the "Health Care Providers." The court determined that it was clear from the Certificate, about whom the physician was speaking, when the attesting physician explained that the "Health Care Providers" breached the standard of care. The court stated that "[t]he Certificate cannot be analyzed in a vacuum; it must be considered in the context of the Statement of Claim that it supported, which had already been filed with the HCAO." The court noted, however, that "[t]o be sure, if appellants had re-named in the Certificate each person or entity listed in the Statement of Claim, this appeal would have been avoided." Barber, 174 Md.App. at 351, 921 A.2d at 833. I agree that the inclusion of the specific names is the better practice, as Dr. Simmons-Clemmons indicated in her amended Certificate.

Post Title

→

Maryland Medical Malpractice requirements of the certificate of merit

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2010/08/maryland-medical-malpractice_19.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Medical Malpractice in Texas

Before this new legislation was passed, people in Texas were able to be compensated when a doctor did something wrong to them. Now a days, that is not the case. Before personal injury attorneys will take any medical malpractice case, there is too many concerns that we must face.

First, is the amount of money that is going to be spent, worth the time and effort that is going to be used to obtain a fair and equitable settlement for the clients. Next, is the expert report, required by Chapter 74 of the CPRC going to overcome the challenge by the Defendants. Also, is there any insurance coverage that would decrease the recovery for the injured. These and many more are considerations to be taken by the lawyer or law firm that will handle your case.

Before proposition 12 was passed, the former 4590i statute gave some indication as to where the law was going to go. Today, the impact that has created on the community is far to grave to describe.

For instance, the paid or incurred statute rewards the irresponsible in Texas and punish the person who does what is right. To explain this concept, it would take another post, so stay tuned.

In essence, Texas has become a place where the injured are suffering more and more, and the wealthy insurance companies and doctors are benefiting at the behest of their pain and suffering. Something needs to be done pronto.

Fortunately, there are still law firms that will handle some cases. If you, or some one you know has been injured by a doctor, contact us. We care about your legal needs.

Post Title

→

Medical Malpractice in Texas

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2010/04/medical-malpractice-in-texas.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Medical Malpractice law in Texas

The law has changed in Texas, sometimes to the detriment of the victims of malpractice. This is true in the area of wrongful death. Years ago, a victims family could file a wrongful death or survivor actions for the wrongful actions of a doctor that negligently procured the death of the loved one. Now a days, that is no longer the case.

Texas law changed with proposition number 12, which created section 74 of the civil practice and remedies code. This is a very broad law that pretty much swallows a wrongful death action against any doctor or medical treatment facility for that matter. The law created the infamous "caps" on non-economical damages.

The proponents of the law, falsely accused trial attorneys of filing numerous frivolous law suits which allegedly increased the premiums on doctors, making it impossible for them to practice medicine. With that lie, the public voted for proposition number 12 and the results have been catastrophic.

A victim of a doctor's negligence is only allowed a recovery of $250,000 no matter what the injury was. In other words, lets supposed that you were a prominent entrepreneur, making millions every year, and you had a stomach pain. You go to the doctor and the doctor negligently takes your kidney out, but you only had indigestion. Now you have to be on dialysis for the rest of your life, your sex life is gone and your wife left you. Now you are broke, can't work and are placed on disability by the social security. Your maximum amount of recovery against the doctor is $250,000. And you are expected to live the rest of your life with that.

Let's supposed that you are an avid dancer that loves to take your wife dancing every weekend. You have back pain, and decide to go to the doctor for pain management. A neurosurgeon tells you that you have pinched nerves, but tells you that he can help you with a simple surgery. You decide to go through with the surgery, but the doctor severs a nerve in your spine that leaves you with drop foot. Now, you cannot dance and you are in constant pain. You have to wear a boot for the rest of your life and of course, no more dancing for you or your wife. The doctor gets to continue to make the same mistake to other victims, and your life, as you knew it is over. But wait, you may get $250,000 form the insurance, assuming that you find an attorney that will take your case.

Medical Malpractice law in Texas has become an obstacle for the people who really needs it the most, the injured victims. Because of false information, victims are now facing the harsh reality that, they will never be compensated for he wrongful actions of irresponsible doctors. And by the way, doctors came to Texas by the thousands when the law changed.

We have been helping injured Texans fight for their rights. Let our experts handle your case and take it to a successful recovery for you. We will continue to fight for your rights, and we will continue to try to change the law as we know it for the better of the victims.

Visit our websites: The Baez Law Firm, P.C or San Antonio Lawyer/Attorney or San Antonio Injury Trial Lawyers.

Post Title

→

Medical Malpractice law in Texas

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2010/02/medical-malpractice-law-in-texas.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

What, the insurance companies lied?

A report by the American Association for Justice (AAJ) indicated that "while we hear that the high cost of insurance premiums were driving doctors out of practice, the reality is that, medical malpractice insurance providers are increasing their profits better than any other Fortune 500 companies.

Here in Texas, the misconception that "frivolous" law suit were the reason for the increase on medical malpractice premiums is finally revealed. Proposition number 12, as we know it was all false propaganda by the insurance industry to increase their bottom line, to the detriment of the injured victims. Conversely, insurance companies have perfected their scheme to a science.

Insurance companies are required to keep "reserves" to pay for anticipated claims. The report has discovered that "often insurance companies grossly overestimate the value of pending claims, only to be able to adjust their books years later after the claim are finally resolved. The ability to hide these earnings allows insurance companies to argue that their profits are lower, thus creating the false need to increase insurance premiums to doctors, while lobbying for tort reform to minimize the payment on the aforementioned claims.

In other words, insurance companies through Enron-esque accounting maneuvers, are not telling the public, their insurers or congress the whole truth. While their profits escalate, they continue to lobby for more tort reform. In Texas, there is already a cap on non-economic damages which creates this abyss for the injured victims from which they cannot recover.

The report further comments that “as these hidden profits were exposed, it became clear that the so-called medical malpractice crisis (prop 12 here in Texas) was nothing more than a coordinated scam by insurance companies that included hiding profits while simultaneously raising premiums on physicians, and then blaming injured patients and their attorneys for these high premiums.” A full proof plan, or so they thought.

We believe that Texas needs to implement insurance reform, not tort reform, and now we have the documentation to prove it. Let us stand together and fight these injustices.

Post Title

→

What, the insurance companies lied?

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2009/12/what-insurance-companies-lied.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

To Heal and Not to Harm

“Surgeons must be very careful
When they take the knife!
Underneath their fine incisions
Stirs the Culprit - Life!” -- Emily Dickinson

Discounting token visits to family and/or friends, we all go to hospitals or see a doctor for one reason: to get better or to ensure our health and well-being. The rising number of medical malpractices cases though, is enough to make one wary.

Recently, the California Department of Public Health fined 13 hospitals $25,000 for violating health codes that endangered patients.

Hospital violations penalized include the facilities’ failure to follow policies and procedures to ensure safe and effective use of medications, use and maintenance of respiratory equipment and blood transfusion. Three of these hospitals were found to have left foreign objects inside their patients.

Three out of ten hospitals—meaning, if you are scheduled to undergo surgery in any of these hospitals in California, you have a 23% chance of ending up with like say, a glove inside your stomach.

Take for example, St. Jude in Fullerton. According to the state report, although this is the facility’s first administrative penalty, it was fined $25,000 after a plastic drape was left in a patient's body during a July hysterectomy. The patient had to undergo a second surgery for its removal.

University of California Irvine Medical Center on the other hand, was fined $50,000. It committed two violations when the health and safety of a patient was jeopardized when the hospital failed to follow its policies and procedures for fall prevention and when another patient’s safety was compromised when an allegation of physical assault was not investigated timely.

It’s great that the State is exerting a lot of effort in protecting and promoting the health of its residents by keeping an eye on its hospitals but for some victims of medical malpractice, it may not be enough or it may be too late. In some instances, victims of medical malpractice may have no other recourse left but to institute medical malpractice claim. This can be painful and expensive on both ends.

Patients pay to get proper medical attention and literally place their lives and limbs in the hands of their doctors and hospitals. There is a sacred trust and responsibility reposed on medical practitioners and health facilities that must provide quality patient care. A single act of negligence on the part of these health professionals carry a devastating effect in the lives of so many people.

Post Title

→

To Heal and Not to Harm

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2009/05/to-heal-and-not-to-harm.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Why do we need experts witnesses

Texas Rules of Civil Procedure 192.3(e) creates three categories of experts witnesses. It is important to know the distinction between them in order to use them more efficiently.

The first category is the consulting expert. This is an expert who has been consulted, retained or specially employed by a party in anticipation of litigation or in preparation for trial.

The second category is the reviewed consulting expert. This is an expert whose opinions and mental impressions have been reviewed by the testifying expert.

Finally, the testifying expert. This is an expert that may be called to testify as an expert witness at trial.

The Texas Rules of Civil Procedure create an exception from discovery for the identity, mental impressions and opinions of consulting experts. On the other hand, the rules also designate information that is discoverable regarding reviewed consulting experts and testifying experts.

The utilization of experts in personal injury cases is crucial for the sauces of the case. Our law firm utilizes the most prestigious and knowledgeable experts available. When your personal injury, auto accident, medical malpractice, negligence, wrongful death case needs some experts, contact our law firm, we can help.

Post Title

→

Why do we need experts witnesses

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2009/04/why-do-we-need-experts-witnesses.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Medical Malpractice in Maryland. Those Cases Matter Too.

If you have been injured as a result of a doctor or hospital's careless treatment and you have been to the lawyers and each one tells you the damages do not justify filing suit call me before you give up the fight. A common opinion for many malpractice lawyers is that the case has to be worth seven figures to justify filing suit. I happen to disagree. I see many medical negligence issues each year where the damages are less then optimal but the case still has value beyond expenses. I am more then happy to give your case an initial evaluation or that final review after everyone has said no. Too frequently a blind eye is turned on those who deserve. This is done in favor of what many consider more prudent business decision making. Let my office be your last stop. Please feel free to call to discuss your medical malpractice case. 1-888-760-7339

Post Title

→

Medical Malpractice in Maryland. Those Cases Matter Too.

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2008/09/medical-malpractice-in-maryland-those.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection

Medical Malpractice: The Irony of a Growing Cause of Death

It is said medical malpractice is now the fifth growing cause of death in the United States. It is quite ironic because you seek medical attention to stay aground, not 6-feet below it.

In any case, like the Mount Everest, it is there. We cannot deny its existence. Especially, four more to go and it would be the major cause of death of our citizens. That would be the biggest irony of all.

Lawyers, generally, battle for medical malpractice victims. But as there are always two sides of a coin, there are also lawyers who represent erring medical professionals. That is not a bad thing as we are all just doing our job.

For the medical professionals, let me just state that nobody have the monopoly of good quality service. When we are charged with a responsibility of doing something in this life, we do it well, don’t we? Now, some blame tort lawyers for the rising medical cost in the country. But who started the cycle? Who started committing wrong so the lawyers came? It can be easily answered. It’s not even a chicken and egg argument. It is clear where this started.

But in fairness to some, accidents can really happen almost everywhere and the operating table is not an exception. It’s just that we have a law. As the famous adage goes: the law may be harsh, but it is the law.

For those who have been a victim of medical malpractice, let me just remind that while it is true that the law is in your side, still there is nothing absolute in this world. Everything has an exception. Your claim cannot be pursued just about anytime you want. It is subject to what is called Statute of Limitation.

For those who are living in California, you have 3 years from the date of the injury, or one year from the date you discovered or would have reasonably discovered the injury, whichever occurs first. If your action is based on a discovered foreign object in your body, prescription does not start to run until you discover or should have discovered the object.

The periods of limitation for medical malpractice apply to minors six years of age and older. Stay healthy!

Post Title

→

Medical Malpractice: The Irony of a Growing Cause of Death

Post URL

→

http://charlotte-lifesaboutthejourney.blogspot.com/2008/07/medical-malpractice-irony-of-growing.html

Visit Charlotte Lifes About The Journey for Daily Updated Wedding Dresses Collection