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Wednesday, March 13, 2019

Dance Lessons Learned in the O.R.
Dance Lessons Learned in the O.R. 150 150 CMZ Law Lufkin/Houston

Q: Is dancing in the operating room malpractice or multitasking?

When the music strikes, some people can’t resist breaking into a little Texas two-step or other trendy dance moves. But if a surgeon is cutting the rug while cutting the patient in the operating room, a personal injury lawsuit may result.

Recently, a state medical board suspended a surgeon for “being a threat to public health” due to alleged multiple incidents of her hip-hop dancing that were reportedly videotaped during patients’ surgical procedures.

The doctor is reportedly being sued for medical malpractice by at least 9 or 10 unhappy patients, including one woman whose butt-lift procedure was one of those captured on tape. She says “her buttocks are now lopsided and her left side is continually itching” and claims the doctor should have paid more attention to the operation and not been distracted by dancing. The doctor reportedly denies any wrongdoing claims she’s able to “multitask”.

Medical malpractice actions full within the area of personal injury law. In a personal injury suit, there is a victim who has sustained an injury as a result of the negligent, reckless, or intentional actions or inactions of someone else. In a medical malpractice action, that injury arises from a healthcare provider’s failure to meet the medical standard of care in the community with respect to examining, evaluating, diagnosing, treating, or caring for a patient. Doctors, nurses, healthcare workers, and medical institutions like hospitals may all be subject to a medical malpractice suit of they fail to uphold accepted standards of medical care and seriously injure a patient.

If the patient experiences a serious personal injury from physician or other healthcare provider malpractice, they may be entitled to recover compensatory damages for past and future medical bills, past and future mental anguish and physical pain, impairment or disfigurement, disability, as well as past and future loss of income or diminished earning capacity.

If you or a loved one has been injured or a loved one has been killed as a result of medical malpractice, the skilled personal injury attorneys at Chandler, Mathis & Zivley can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we serve clients throughout East Texas as well as those injured while visiting Texas.

Water Tower Accident Kills One in Texas
Water Tower Accident Kills One in Texas 150 150 CMZ Law Lufkin/Houston

Who is liable for accidents occurring on city or state owned property?

Water towers stand tall in most towns across Texas, providing a source of water for the area. Water towers are constructed at a considerable height so as to allow water to be sufficiently pressured. Typically owned by a local municipality, water towers do require maintenance and updating. In Porter, Texas tragedy struck when a worker was killed in the water tower. A steel panel in the process of being lifted into the air crashed into the open water tank, killing one of the four employees within it. The employee was a contracted worker from a company with significant experience constructing water towers.

Municipal Liability

Many of us do not realize just how much property government entities typically own. Chances are you stroll on a sidewalk owned by the city daily or make a trip to a city park. When you visit a government owned piece of property, there is always a risk of injury. Should you become injured on government property, liability issues become quite complex.

The Texas Tort Claims Act

Under Texas law, like in most other states, government entities are typically shielded from liability by the concept of sovereign immunity. Per Section 101.02 of the Texas Tort Claims Act, a government entity can be sued if a waiver of sovereign immunity applies. Generally, a government entity could be liable to an injured plaintiff under the following circumstances:

The injury was proximately caused by a wrongful act, omission, or the negligence of a government employee while acting within the scope of employment, if the injury occurred due to the operation or use of a vehicle or motorized equipment; orThe injury was caused by a condition or use of tangible personal or real property, if the government entity would have been personally liable if it were a person.The government entity can further escape liability if it can show the injury was caused by the performance or non-performance of an act that was left to the discretion of the governmental unit. Municipal liability requires adherence to strict notice requirements, with the government entitled to at least six months’ notice following the injury. Contact a personal injury attorney right away for assistance with your government entity related personal injury claim.
The injury was proximately caused by a wrongful act, omission, or the negligence of a government employee while acting within the scope of employment, if the injury occurred due to the operation or use of a vehicle or motorized equipment; orThe injury was caused by a condition or use of tangible personal or real property, if the government entity would have been personally liable if it were a person.The government entity can further escape liability if it can show the injury was caused by the performance or non-performance of an act that was left to the discretion of the governmental unit. Municipal liability requires adherence to strict notice requirements, with the government entitled to at least six months’ notice following the injury. Contact a personal injury attorney right away for assistance with your government entity related personal injury claim. 150 150 CMZ Law Lufkin/Houston

Who is liable for accidents occurring on city or state owned property?

Water towers stand tall in most towns across Texas, providing a source of water for the area. Water towers are constructed at a considerable height so as to allow water to be sufficiently pressured. Typically owned by a local municipality, water towers do require maintenance and updating. In Porter, Texas tragedy struck when a worker was killed in the water tower. A steel panel in the process of being lifted into the air crashed into the open water tank, killing one of the four employees within it.

Houston Police Encourage Exceeding Bike Safety Laws
Houston Police Encourage Exceeding Bike Safety Laws 150 150 CMZ Law Lufkin/Houston

During a recent news conference in Houston, Texas, the police demonstrated how they enforce the city’s Safe Passing Ordinance, a law passed in 2013, which requires that drivers give bicyclists at least three feet of space when passing them.

The police explained that they enforce the ordinance with the use of a C3FT, a device that is mounted on the handlebars of an officer’s bike. The C3FT works by bouncing ultrasonic waves against passing cares to determine how much space they are allowing when passing.

Vulnerable Road Users and Ordinance Enforcement

To date, 53 people have been sited and 33 others have been issued warnings under the law. Since the ordinance has been passed five years ago, 23 cyclists have been killed in Houston. John Long, the executive director of BikeHouston, wishes that the police would more regularly enforce the ordinance, though he believes that the change has been slow because many of them are not aware of it. “It’s like turning an oceanliner,” he said. Mary Natoli, the president of the Cycling and Triathlon team at Rice University, agrees. “I also think that every collision involving a vulnerable road user should be carefully evaluated for violation of the vulnerable road-user ordinance,” she said. “If a driver caused a collision and was violating the VRU ordinance at the time, they could be cited for that on top of another citation. Often the investigating officer either is not aware of the law or does not think of it.”

Education More Important than Citations

According to the League of American Bicyclists, Texas is one of thirty-three states to introduce a safe-passing distance of three feet or greater. One city, which defined its own safe-passing distance, is Chattanooga, Tennessee. The city has used its Safe Passing Ordinance to decrease accidents by about 25% only a year since its enforcement. Officer Rob Simmons of the Chattanooga police department strongly believes in letting drivers go with a warning and some education instead of a citation, since he claims most of the drivers he speaks with agree not to follow so closely in the future.

“You can always penalize people financially, but it does not lead to long-term behavior modification,” Simmons said. “These are human beings and it’s rare that a victim has the chance to explain it to the driver.” He feels that educating the public is more important than penalizing them.

Exceed the Ordinance When Possible

Houston Police Chief, Art Acevedo, is pushing for motorists to observe – if not exceed – the city’s ordinance. “I tell folks life is about common sense and good judgment. If you can safely give yourself some space as a driver when you see someone riding a bicycle on the side of traffic and you can safely go into the left lane, do that. There’s nothing wrong with exceeding the requirements of the law.”

If you have been involved in a bicycle accident, there is a chance that you are entitled to compensation. Contact a Houston personal injury attorney today for more information.

Maritime Accident Lawsuits Require Special Legal Training
Maritime Accident Lawsuits Require Special Legal Training 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for maritime accidents?

Texas offshore accident attorneys help those working offshore obtain compensation for injuries experienced while working on a shipping vessel, boat, barge, fishing boat, yacht, or oil rig as provided under a federal law called the Jones Act that protects seamen. This law allows injured seamen to seek compensation from their employers where the captain, crew, or vessel owners’ negligence caused the worker’s injury.

Sometimes, non-workers are also injured or killed in maritime accidents. For them and others for whom the Jones Act does not apply, a personal injury lawsuit or, in the case of a fatality, a wrongful death lawsuit by surviving family members, may be indicated.

A Missouri duck boat accident that killed 17 sightseers is subject to a formal Marine Board of Investigation to determine whether any or all of the following were factors in the accident:

Fewer People Want Self-Driving Cars After Uber Accident
Fewer People Want Self-Driving Cars After Uber Accident 150 150 CMZ Law Lufkin/Houston

Are self-driving vehicles safe?

Many of us have long dreamed of the day when we could stretch out in the backseat while our car seamlessly drives us to our destination. Mass production of fully autonomous cars is just around the corner, but with the technology so near, now public support is waning in the wake of the serious Uber accident. As more self-driving vehicle accidents happen, and the public continues to fear these innovative new vehicles, the quest to release a fully autonomous car to the public could stall.

The Arizona Uber Accident

Self-driving cars are touted as being far safer than traditional automobiles. Statistically, driver error is the number one cause of car accidents nationwide. By eliminating the human element, safety experts believe that self-driving vehicles will greatly reduce the number of car accidents overall. Nonetheless, a few accidents involving self-driving vehicles have led many to question the true safety of these still in testing vehicles.

In March, an Uber self-driving vehicle struck and killed a pedestrian. The car, a Volvo XC90, was operating in autonomous mode with a human driver present behind the wheel. Reports indicate that the vehicle was traveling at 40 miles per hour when it struck a woman walking her bike across the street. The accident happened at night and it is still unclear as to why the vehicle did not detect the pedestrian and stop in time to prevent the crash. Additionally, the safety driver was distracted at the time of the crash.

While this is the first pedestrian accident linked to an autonomous vehicle, there have been other fatal crashes involving cars in autopilot mode. Autopilot has some features like autonomous vehicles, including lane keep and automatic braking, but requires drivers pay attention and react to dangers. There have been several accidents involving Tesla vehicles in autopilot mode.

Accidents involving autonomous and semi-autonomous vehicles serve as a reminder to us all that these technologies are still in the testing phase. Fully autonomous vehicles are not ready as of yet for release to the public. With additional testing and continued development, most automakers remain hopeful that autonomous vehicles will one day surpass traditional cars in safety. The question remains, however, will the public ever fully adopt autonomous vehicles or will they continue to fear this new mode of transportation? If you have been involved in a car accident with an autonomous vehicle, a personal injury attorney can help. Contact Chandler, Mathis & Zivley, PC to schedule a consultation.

New Study Suggests Traumatic Injuries Are Linked to Mental Health Issues
New Study Suggests Traumatic Injuries Are Linked to Mental Health Issues 150 150 CMZ Law Lufkin/Houston

Why might major injuries lead to mental health problems?

A new study published in the Canadian Medical Association Journal (CMAJ) suggest an alarming and perhaps underexplored link between major traumatic injuries, like car crashes and falls, and mental health diagnoses.  With over three million people injured in car accidents annually and millions of others harmed in falls and other accidents, research into the long term effects of such injuries is of critical importance. Our Houston, Texas personal injury lawyers discuss the findings in the CMAJ and what they could mean for accident victims.

Trauma Increases Hospital Admissions for Mental Health diagnoses

Researchers examined the accident and mental health history of 19,000 patients in Ontario.  The majority of those patients who had suffered major trauma were men who lived in urban areas and suffered an accidental injury.  Researchers found that major trauma was linked to a 40 percent increase in the rate of hospital admissions for one or more mental health diagnoses.  

Children and teens had the largest increase in mental health hospitalizations after suffering trauma.  Suicide was also found in increased rates among those who experienced a major physical injury, raising from 11.5 suicides per 100,000 in the general population to an astonishing 70 suicides per 100,000 among injured patients.  

Reasons for the suspected rise in mental health issues and suicides after major trauma are likely complex and not yet fully understood.  Major injuries can have an impact on a patient both physically and mentally. Patients may experience depression as a result of losing mobility or being forced to take time off of work and other activities.  Anxiety could stem from the trauma of the incident, with many car accident victims experiencing ongoing stress when traveling or engaging in other triggering activities.

In addition to the emotional consequences stemming from the accident, major trauma often involves head injuries.  Brain injuries are linked to mental health issues, likely as a result of long lasting damage to the brain itself. The brain is a complex organ and scientists are just now starting to fully understand how injuries to the brain may have greater consequences than we previously thought.  As we uncover the link between major injuries and mental health issues, it becomes all the more important to ensure accident victims are given counseling and closely monitored in the years following the accident.

How Do You Prove Intoxication in a Personal Injury Case?
How Do You Prove Intoxication in a Personal Injury Case? 150 150 CMZ Law Lufkin/Houston

Driving is by no means inherently safe. With human beings operating cars and trucks there leaves much room for error. But when an individual drives while under the influence of alcohol or drugs – both illegal and prescription – their intoxication can have very serious effects on the safety of themselves and others.

Driving While Intoxicated

In Texas, anyone who drives while intoxicated is committing the offense of driving while intoxicated (DWI). If an intoxicated driver causes injury to another individual, the evidence of their intoxication can be used as evidence against them in a personal injury case.

Plaintiff Still Has Burden of Proof

It is important to remember that just because someone intoxicated gets into an accident with another person, he or she is not automatically guilty in civil court. When it comes to a case of negligence, the plaintiff who is suing still carries the burden of proving four elements (duty; breach; causation; damages).

When it comes to proving causation, the plaintiff must still prove that the crash occurred because of the defendant’s conduct, and that conduct caused the plaintiff’s injuries. The defendant can still argue that they were not at fault for the crash, and that the plaintiff either caused the crash, their injuries were not a direct result of the accident, or they contributed to the damages.

NTSB Investigates Crash of Impaired Driver

The National Transportation Safety Board (NTSB) recently released its findings in an investigation of a crash, which occurred in Texas that resulted in 13 fatalities because of a driver under the influence of marijuana and prescription drugs.

The NTSB found that the driver was responsible for the crash due to the fact that he could not safely operate his truck because he was impaired. He was said to be driving erratically before crashing into a church bus that was transporting seniors from a three-day church retreat. The crash killed the bus driver as well as 12 of its 13 passengers.

The Aftermath of the Crash

According to the NTSB there were marijuana cigarettes, over-the-counter, and prescription medication as well as other drug paraphernalia in the truck. The driver also tested positive for marijuana and the sedative, clonazepam, of which he admitted that he had taken twice the prescribed dose. The twenty-year-old driver was then charged with multiple counts of intoxication manslaughter. He is currently awaiting sentencing after pleading no contest.

What To Do if You’ve Been the Victim of a Car Crash with a Drunk Driver

If you have been the victim of a car crash that involved a drunk driver, it is so important that you are compensated for any damages that you sustained from it and that the impaired driver is held accountable. That is why you should contact a knowledgeable and experienced personal injury attorney who can help you to navigate your situation and get you what you deserve.

 

A “Never Event” Leads to Malpractice Suit
A “Never Event” Leads to Malpractice Suit 150 150 CMZ Law Lufkin/Houston

What is a “never-event”?

Some people have no luck–on the road or in the operating room.

If you are a victim of a car accident, you could be facing months, years, or even a lifetime of medical treatment, surgeries and rehabilitation as a result of the injuries you suffered. You may not be able to work in your current occupation for some time, if ever.

If the injuries were caused by the reckless, negligent, or intentional actions of another person or entity, you can commence a personal injury lawsuit to recover compensatory damages. Depending on the circumstances, damage awards may include compensation for your current and future medical expenses and rehabilitation costs, current and future lost income or diminished earning capacity, physical and psychological damages, and more, provided you can prove that someone else was responsible for your injuries.

The extremely unfortunate may encounter alleged medical malpractice during the course of post-accident medical treatment. Medical malpractice falls within the realm of personal injury law in that the victim is injured by the negligent actions or inactions of medical personnel who breached the medically-accepted standard of care expected.

A woman who had been injured in a car accident reportedly underwent lower back fusion surgery and was unexpectedly told upon waking that “one of her kidneys has been unnecessarily removed”.

According to the woman’s attorney, the surgeon– whose only responsibility was to open the patient so that other surgeons could perform the back-fusion procedure–allegedly mistook her healthy kidney for a tumor and “declared an emergency and removed it”, obviously without the consent of the anesthetized patient. Such “never-event” actions are known as “wrong-site, wrong-procedure, wrong-patient errors” that should never have happened.

If you or a loved one has been injured or a loved one has been killed in a car accident or any other accident, or as a result of medical malpractice by a doctor, hospital, or medical staff, the personal injury attorneys at Chandler, Mathis & Zivley P.C. may help maximize the compensation to which you may be entitled. Contact the office today to schedule a free consultation.

From our offices in Lufkin and Houston, Texas, we represent injured victims and their families throughout Texas as well as those injured while visiting the Lone Star state.

Feds Claim Protection from Sutherland Springs Liability Under the Brady Act
Feds Claim Protection from Sutherland Springs Liability Under the Brady Act 150 150 CMZ Law Lufkin/Houston

The Federal government has filed a motion with the intent to dismiss several lawsuits filed against the United States Air Force by victims of the Sutherland Springs massacre. It is claiming that a law that was intended to prevent gun violence also shields them from any liability.

What Happened?

On Nov. 5, 2017, 26-year-old, Devin Patrick Kelley perpetrated the deadliest mass shooting in Texas and the fifth deadliest in the United States. It was also not surprisingly, the deadliest shooting in an American place of worship in the modern era. He opened fire inside and around the First Baptist Church in Sutherland Springs, killing 26 people and injured 20 others.

Failure to Record

Kelley, a former member of the United States Air Force, had been prohibited from purchasing or possessing any firearms due to a previous domestic violence conviction in a court-martial. However, the Air Force never filed the conviction in the FBI National Crime Information Center Database. The database serves as a tool to help the National Instant Check System to flag any prohibited purchases.

At least five lawsuits have been filed and consolidated in San Antonio federal court concerning the shooting. The suits claim that the Air Force should be held liable for its failure to report Kelley’s domestic violence conviction into the database. He had been kicked out of the military in 2014, having spent a year prior behind bars for part of a 2012 plea deal surrounding the beating of his then-wife and stepson.

The Brady Handgun Violence Prevention Act

The plaintiffs assert that Kelley would have been unable to purchase any firearms, such as the ones he bought between 2012 and 2014, and the one he used during the attack, had his conviction been in the system. The lawsuits reference the Brady Handgun Violence Prevention Act.

The government has cited a number of cases concerning the Act, claiming that the laws they reference should shield Air Force personnel from any bureaucratic mishaps. Lawyers for the Justice Department, which is currently defending the Air Force, has expressed that statutory immunity shield the United States from any liability to the plaintiffs in this case. “The federal statute on which the plaintiffs primarily base their claims (the Brady Act) expressly provides that no liability for damages may be imposed on employees of the federal government to prevent the sale of a firearm to a person prohibited by law from receiving it,” they wrote.

Watching the Brady Center to Prevent Gun Violence

It should be interesting to watch how this plays out, as the Brady Center to Prevent Gun Violence had no comment on this case, though it filed a brief in 2015 arguing against the government’s shield claim in the case of Charleston, S.C. church shooter and white supremacist, Dylann Roof. Roof shot and killed nine African-American worshippers.

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