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Articles Posted in Injury And Safety Issues

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You and your parents love the nursing home they are in. It is cheerful and spacious, and the staff members are attentive. However, you hear that the nursing home is making staff reductions. Is that reason to worry? Possibly, since lower staff numbers may lead to increases in abuse. Sometimes, the abuse may even be unintentional like, for example, when there are not enough staffers, and important information falls through the cracks, or medication distribution gets delayed. However, a decrease in staffing is not necessarily cause for alarm.

Communication is key

The hope is that the staff reduction announcement includes solutions. For example, something such as, “Although we will have 10 fewer nurses, our new shift management software ensures that coverage remains as robust as ever,” may be reassuring. Even something along the lines of, “Despite the streamlining of our staff, we will still exceed staff/resident ratios, and will have X nurses for each resident,” is straightforward.

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From time to time, Bexar County residents will hear about hit-and-run accidents in the news. Everyone knows that they have to stop, render assistance and provide information if they are involved in a car accident. But, what is the exact law that applies when a person is involved in an auto accident where a death or personal injury has occurred? This blog post will provide a quick summary of the statute.

If a driver is involved in an accident that results or is reasonably likely to result in injury or death to a person, Texas law imposes some duties upon that driver. The driver must immediately stop their vehicle at the scene of the accident or as close to the scene as possible. They must determine whether a person is involved in an accident and whether any person involved requires aid. They must fulfill their duty to give information and render aid under Texas law.

Serious criminal penalties could result if a driver fails to obey this law. If the accident resulted in the death of a person, the driver who fails to obey the law could be found guilty of a felony of the second degree. If the accident resulted in serious bodily injury as defined under Texas law, the driver could be found guilty of a felony of the third degree.

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It’s become a topic of hot debate in the sports world: traumatic brain injury. The movie “Concussion” has even pushed the NFL to change its policies.

These types of injuries are not limited to the sports field. They often occur in auto accidents. The symptoms can be subtle. Often people mention feeling cloudy. Diagnosis has been notoriously difficult as the medical field continues to learn more about the affects of brain injury.

The latest study published in the journal Neurology finds that TBI is often linked with sleep problems. In this post, we will describe some of the possible symptoms including disturbances to sleep.

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Another Halloween will soon be upon us. Enjoy the festivities of the season – pumpkins, ghoulish or whimsical decorations, hot apple cider, haunted houses, and FINALLY some cooler weather! But also, remember to be safe.

While enjoying the holiday, which will lead into Thanksgiving and then Christmas before we know it, please remember to exercise caution and to follow a few safety tips: reading warning labels on decorations; buying flame-retardant costumes for the kids; and, maybe opting for battery operated candles, instead of the real thing. If you cannot do without the ambiance a real flame or fire provides, make sure that flammable materials (including clothing, decorations, and household items such as curtains) are a safe distance away from any type of fire.

If you have older children, there are additional lessons to share and teach. According to published reports, more pedestrians are hit and killed on Halloween than any other day of the year. Many of the deaths involved 12-18 year olds. It might not just be the young ones who need to be reminded to “look both ways.” Also, if your teenager decides to venture out on Halloween, be sure to remind him or her about the dangers of drinking and driving and distracted driving (texting, talking with friends) among a few other precautions you might want to repeat to them, in spite of sounding like a broken record to their “know it all” ears.

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Recently, the Texas Legislature passed a bill which can greatly help people who are injured in accidents and who may be covered by health insurance insurance. The legislature is addressing an issue of Insurance Subrogation Law. This area of the law had reached the point that it benefited insurance companies to the detriment of the injured victim in many cases.

First, subrogation occurs as the result of an injury and an insurance claim. Oftentimes, a person is hurt due to the actions or negligence of someone else–the “negligent third party.” If the injured person has to go to the hospital or see a doctor, they may file a claim with their health insurance company; and, then that injured person’s health insurer might want to know what the actual cause of the injury was and might ask whether or not the accident was actually someone else’s fault. If the accident is the fault of some other “third party,” the health insurance company will assert a type of lien or claim against the third party insurance recovery – essentially telling the injured victim that if there is a recovery, the health insurance company wants to be reimbursed for the amounts it paid to hospitals, doctors and other health payments. But for clients who are seriously injured, a problem arises when the third party’s insurance is either too little to cover the damages sustained, or will not pay enough to cover the damages caused by the injuries. Many times, health insurers want all of their money, leaving little or nothing for the injured victim.

But, the Texas Legislature, by passing House Bill 1869 made it somewhat easier for injured parties to be compensated, and not have to give up most or all of their recovery to the health insurance carrier. This new law has re-designed how injured parties are compensated, with a greater concern for the injured parties, the real victims of someone else’s negligence. Now, the health insurance company is still entitled to be reimbursed, but the amount they are entitled to is limited to a percentage of the total recovery from the negligent person, ensuring that the victim of negligence will have a larger part of the recovery to compensate them for the other harms and losses suffered. If you find yourself in a situation where you or someone you know is injured and is experiencing the stress and confusion of dealing with multiple insurance companies, you may need an attorney to help you handle this complicated issue.

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A two year old girl was recently attacked by a Rottweiler when the child opened an unlocked a yard gate. The dog was in the yard behind the unlatched gate when the neighbor’s young child lifted the latch. The 3 year old Rottweiler tore the child’s scalp off. The grandmother of the child got on top of the toddler to protect the child from further attacks. A neighbor or passerby called 911 and the police arrived and the child was taken to the hospital.

Texas law protects children and adults alike from dangerous dogs, and in most municipalities there are laws requiring animals to be restrained with leashes, fences and other enclosures that are capable of containing the animals and protecting the neighboring public from dangerous or vicious dogs. Some breeds are known for these propensities, even without provocation, and owners must take the necessary and reasonable steps to guard against attacks.

We have investigated and handled many attack scenarios and are experienced in assisting families that have been devastated by serious injury caused by attacking animals.

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The family of an East Texas man killed in an oil and gas well explosion is preparing to file a wrongful death lawsuit. According to information available through news reports, a high pressure water line cap ruptured. With all of the fracking utilized in the Eagle Ford and other drilling exploration, the dangers to workers and the consequences to families can be devastating. Serious personal injury and deaths are occurring when high pressure lines are exploding and causing well equipment to become flying debris with the ability to cause permanent harm.

Rush & Gransee have opened their office in Kenedy, Texas to be closer to their clients working in and around the Kenedy, Karnes County and Eagle Ford areas. If you or a family member has suffered as a result of the increased 18-wheeler traffic, or has been injured due to careless operators, we can visit with you in your area without the need to travel to San Antonio.

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A type of plastic pipe that caused a natural gas explosion in California has been known to create a potential threat to the public. A type of plastic pipe manufactured in the 1970’s and used to transport natural gas is prone to failure. When underground pipes that transport natural gas fail the results can be catastrophic.

Pipeline operators such as public utilities are not required to report pipe failures. Many operators have fought against disclosure and have taken the position that voluntary reporting is sufficient.

Pipelines that transport natural gas need to be monitored and any failures need to be reported to keep the public as well as those that work on pipelines safe.

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Recently, a 19-month old child was attacked by a pack of dogs in Tarrant County. The child was rushed to the hospital. At the hospital, doctors tried to reattach the child’s ear which was torn off in the attack.

The dogs’ owners were arrested and could face up to 20 years in prison. There had been eight prior police calls to the area because of incidents related to dogs.

Dog bites can be serious and life threatening. In San Antonio there is a special municipal court that handles vicious dog complaints. The San Antonio Court that handles dog bite cases can impose substantial fines and order that a dog be quarantined or euthanized.

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San Antonio has established a new Municipal Court with the sole purpose to haul pet owners into Court and punish them for allowing their pets to run unleashed, not vaccinating their pets, or if their pet attacks and bites someone. The message is simple: “irresponsible pet ownership will not be tolerated.”

San Antonio, by some estimates, has over 3000 residents bitten annually by viscous dogs, and stray dogs number over 150,000 in the San Antonio metropolitan area. The animal court established in San Antonio is believed to be unique in the United States.

Prior to the establishment of the animal court, cases involving dog bites, stray dogs and lack of vaccination were not taken seriously. Now the fines levied can be large if a loose dog causes personal injury by attacking a child or adult.