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San Antonio Personal Injury Law Blog

Can miraculous surgeries be considered negligence?

Episodes from the popular television drama “Grey’s Anatomy” depict incredibly unusual, innovative and miraculous surgeries. In one episode, the doctors performed a miraculous surgery to save a man’s arm by attaching it to his abdomen. A young doctor came up with the idea at the last minute, while the man was under anesthesia.

When the man woke up, he was understandably very upset. The hospital was able to talk him out of it, because it was a television show. The details of the storyline beg the question, “What if this happened in real life?”

How does the law work in car accident cases?

Car accidents are common. They happen every day on the streets of San Antonio. Many times, they don't result in anything more than damage to the vehicle or some other property. Too often, someone suffers serious or even fatal injury, and typically the cause of that pain and suffering can be traced to some person's recklessness or neglect.

The law's ability to sort out blame and hold responsible parties accountable is an important function, but it only works well if it is put to use. To be sure this complex tool is employed properly and that the best outcome possible is achieved, it's best to seek an experienced attorney's help.

Texas couple's 'contagious love' bound to be missed, mourned

There is no hint of anger or apparent desire to exact retribution on the part of the loved ones of a San Antonio husband and wife whose lives were taken away suddenly last month.

Instead, there is a clear sense from comments made to KABB-TV that the family is confident that neither that couple, nor the other one that was with them, suffered when the small car they were in was broadsided by a semitrailer truck. In fact, the couple's family and friends say they were inseparable and that their love was contagious.

Race appears to be on to find a blood test for brain injuries

Whenever a medical condition begins to make headlines a push seems to follow from the research community to try to find ways to deal with it. We saw it happen with polio. It happened again with AIDS, and most recently with the horrendous Ebola outbreak in West Africa. The good news is that very often, researchers succeed in finding solutions.

Now it seems that traumatic brain injuries are a major focus. It makes sense. All TBIs are serious, even though they may vary widely in terms of their severity. At one end of the spectrum might be a concussion suffered by a child hit in the head by a fly ball. On the other end might be the accident that leaves a victim and his or her family with problems that last a lifetime.

Church agrees to $26M award for missionary's brain injury

Doing God's work is a noble thing. Most who do it are motivated by rewards they don't expect to receive in this life. But those who commit to entering the mission fields still have to make it through this life. If they happen to suffer a life-changing accident in the course of that work, they have a legitimate right to expect to be covered for their suffering.

This is brought to mind by a story we recently came across. The events of the case didn't take place in Texas, but easily could have. And the outcome was such that we feel that it deserves note here. As a result of a court's finding, the Southern Baptist Convention and its insurers are now committed to paying a South Carolina man $26 million for the quadriplegia and brain injuries he suffered in a mission trip accident.

Birth injury case may offer high court new look at Feres Doctrine

The world has come a long way from where it was in the 1950s. If Ward and June Cleaver were to suddenly transport from then to the San Antonio of today, they would likely feel like complete aliens. Not having been witness to how society has changed would surely leave them stymied.

There are those who suggest that just such a time warp exists in one particular area of law by virtue of something called the Feres Doctrine. The 1950 U.S. Supreme Court ruling created a shield for the U.S. military from suits by active service people injured in performance of their assigned duties.

Driver fatigue largely to blame in Tracy Morgan crash

The verdict is in from the National Transportation Safety Board about the cause of the deadly truck crash last year that killed one person and left actor-comedian Tracy Morgan critically injured. It's a story we suspect many in Texas are aware of.

Morgan and six others were riding in a limousine van in June 2014 on a freeway when the accident occurred. They were stopped in stalled traffic when a speeding Wal-Mart semitrailer truck crashed into the van. In addition to the fatality and Morgan's severe brain injury, eight other people were hurt.

1 little step reduces hospital medical errors for newborns

Risk management is a big deal in the health care world. Patient safety experts in San Antonio and the rest of the country spend a lot of time and energy identifying the various ways patients can wind up in worse shape than when they entered the hospital due to mistakes caused by negligent staff.

The ways are many and very often they fall into the category of what expert have tagged "never events." That is, they are so simple to fix that they are errors that just should not happen if proper protocols are followed. The beneficiaries are not only the patients who are treated. The hospital benefits, too, because fewer mistakes mean fewer suits for medical malpractice.

NHTSA chief says 'aging' may be part of bad air bag problems

There's a word for old motor vehicles. They're called rattletraps. It's not clear who coined the word or when. One online source suggests that it dates back to 1766. What is apparent is that it has always referred to rickety old modes of transportation.

Over the decades, enhancing motoring safety has been a significant area of government focus. For example, in 1989, rules were issued requiring carmakers to equip all vehicles with some sort of passive restraints. By the middle of the 1990s, the rules narrowed to a mandate for air bags. Today, air bags are viewed as perhaps the most important safety technology available. More than 300 million vehicles equipped with bags have been sold in the U.S. alone.

What's the safest motorcycle helmet to get?

There are a lot of possible injuries a person can suffer if they ride a motorcycle and are on the receiving end of a collision. At the light end of the spectrum are scuffs and bruises. A bit higher on the scale you are likely to see broken bones. The worst point on the spectrum is a crash in which the motorcyclist suffers a fatal injury. And just below that has got to be brain injury. Within just that category alone is everything from mild concussion to the kind of brain trauma that is life-altering -- not just for you, but for everyone who cares about you.

In Texas cases where an accident is caused by another's negligence, there are legal remedies that may be available for seeking compensation and recovery for the array of damages that might be suffered. Holding the responsible party accountable is something best pursued with the help of an experienced personal injury attorney.

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