THE BENEFIT OF TRIAL EXPERIENCE
Our attorneys have won jury trials throughout Texas.
We are always prepared to go to court to get results.
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This is the question one woman — who is not from Texas — put before the court in her area. After days of complaining of pain, her primary care physician and doctors at another medical facility failed to correctly diagnose her condition. Her case illustrates the harm that a misdiagnosis can do, and she claims to have experienced it twice over the course of several days.

The woman experienced pain in her foot and went to the emergency room. When she went to her primary care physician three days later, her doctor diagnosed the problem with her big toe and foot as being gout. He gave her medication and sent her on her way with medication to treat that ailment. Her pain only continued to get worse, and her doctor’s office advised her to go to the emergency room.

By this time, the West Virginia woman’s pain and swelling had increased, and her toes were discolored. Emergency room personnel advised her to switch to another medication and sent her home. Finally, she went to a hospital that performed the necessary tests to discover that she suffered from a severe blood clot in her groin. Ultimately, doctors were forced to remove her foot and part of her lower leg.

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You are a good mom who follows the law and would never drive drunk. So how do you find yourself facing DWI charges after having one drink at lunch with a friend? The reason may be due to biology.

The fact is that women’s bodies process alcohol differently than men’s. Alcohol also has a stronger effect on women. Any of the following factors could explain your high blood alcohol concentration and minor impairment although you limited your alcohol intake.

Smaller physical size

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When police attempt to place you at or near the scene of a crime, one of the tools they may use is “triangulation” of your cell phone. Texas law enforcement agencies are not the only ones to use this type of evidence, but it is not as reliable as police and prosecutors make it seem. If you face a criminal charge based on this evidence, it can be challenged.

Triangulation uses three cell phone towers to attempt to locate a user. The coverage area that overlaps between the three towers locates a particular cell phone. The problem is that the triangulated area could be large or small.

At best, this provides officials with an area where an individual might be located. That does not necessarily mean that you were present at the scene of a crime. Even if you were in the area, that does not mean you committed the crime. Perhaps you loaned your cell phone to someone else. You, and/or your phone, could be in that area for any number of reasons.

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A car has hit you. Perhaps you suffered serious injuries that have affected your ability to function and to work.

It can be another blow when your insurance company drags out the process of your claim as your medical bills mount. Conversely, the company may offer a quick settlement for a small and seemingly unfair amount. Unfortunately, although you pay your insurer money every month, your provider often does not act in your best interests.

Insurance companies want to make money

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Everyone here in Texas has made mistakes at one point or another. As the saying goes, “to err is human.” In many industries, however, mistakes can lead to serious injuries or death. One of those fields is health care. When a surgeon makes a mistake and operates on the wrong body part, patient or organ, the aftermath can be devastating or even deadly for the patient. Nearly every hospital in the country has procedures meant to avoid wrong-site surgery, and surgeons should be following these protocols prior to every operation.

It may seem like common sense, but the importance of making sure that the right patient is on the operating table cannot be stressed enough. This may be the only surgical procedure that the patient goes through on a particular day, but surgeons and their teams often perform multiple procedures throughout the day. Verifying that they operate on the correct patient is vital. Once the surgical team verifies that they have the correct patient, the type of procedure and location of the procedure require verification.

Marking the correct surgical site reduces or eliminates the potential for error. The team uses medical records, X-rays and other imaging sources to verify what body part requires surgery. Even after the preliminary verifications are done, surgical teams should take a “timeout” to reverify all information before the procedure begins. Everyone on the team should agree they have the right patient, the right body part and are performing the right operation. Without these precautions, mistakes can easily occur.

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If you were injured in a truck accident due to truck driver negligence, you should seek compensation for your injuries. Along with evidence of your injuries and related expenses, you will need to demonstrate how the driver was negligent or reckless. Evidence is the foundation of your case, and the more you have is better.

Preservation of evidence is crucial when dealing with the aftermath of a truck collision. Here is guidance on what evidence is important and how to make sure it is preserved.

Important evidence

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Television reporters are used to being in front of the camera while they cover a story. What most are not used to, however, is being in front of the camera because they are the subject of a news story. This recently happened to a television reporter here in San Antonio who was charged with a crime.

Police reports indicate that just prior to midnight on a recent Friday night, a police officer out of his jurisdiction observed a vehicle heading northbound on U.S. 281. The vehicle appeared to be weaving between lanes and almost struck numerous vehicles. The officer called for backup from local police as he initiated a traffic stop for failure to signal.

The officers who responded to the call suspected the 32-year-old woman driving the car of being intoxicated. Allegedly, her blood alcohol concentration according to a breath test was approximately .20, which is above the Texas legal limit of .08. That woman was identified as Priya Sridhar, who is part of KENS’s “Eyewitness Wants to Know” reports. Not only could she face criminal penalties if convicted, but she could also lose her job.

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If you have been out with friends, or even drinking alone, it is not always easy to tell how intoxicated you are. You may get behind the wheel of your car without realizing that you are too drunk to drive. This can end with something as simple as getting pulled over to something tragic like a deadly accident.

In 2016, 28 people were killed in a DUI accident each day. This is an increase from 2015 of almost 300 deaths for the entire year. Experts claim that DUI deaths are increasing in ways that have never been seen before. Fortunately, new technology is currently in development to warn drivers when they are too drunk to drive.

Using breath and touch

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The fact is that hospitals are full of sick people. The spread of illnesses and infections through a hospital is a risk that many Texas residents who are hospitalized have no choice but to take. They rely on the hospital to maintain as sterile and sanitized an environment as possible to prevent the spread of viruses, bacteria and other germs that could result in a worsened medical condition for many patients whose immune systems are already compromised.

Contracting an infection in the hospital could threaten your life and/or cause you unnecessary harm. The harm does not always come from the infection itself, although it can. A serious infection often complicates matters for the underlying condition that put you in the hospital in the first place.

An infection could be caused by the hospital failing to take the appropriate measures to minimize any risk to patients. In the alternative, a hospital can do as much as possible to prevent infection, but you could still contract one. If it is not diagnosed quickly, the infection could worsen and spread to the point that you suffer permanent harm. In either case, the hospital could be responsible for what comes after.

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The National Transportation Safety Board joined forces with the Texas Department of Public Safety to determine what caused the erratic driver of a pickup truck to crash into a bus. As they continue the accident investigation, a number families mourn the loss of their loved ones. Another family wonders whether their loved one will leave the hospital where she is currently in critical condition.

On the day of the accident, 911 dispatchers received several calls regarding a pickup truck being operated erratically. As police attempted to locate the out-of-control vehicle, they received one final 911 call. This time, the call was to report a catastrophic crash. Apparently, the pickup careened from the northbound lane into the southbound lane and slammed head-on into a bus occupied by the driver and 13 people.

The 20-year-old driver of the pickup survived the crash with serious injuries. The only other survivor was a woman on the bus. At last report, she remained in critical condition in a San Antonio hospital. Because the investigation remains open, no word regarding what charges the driver of the pickup could face was reported. Not only do officials need to know what factors led to the crash, but the answers could help the families of the victims.