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San Antonio Personal Injury Law Blog

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.

How can a birth injury lead to cerebral palsy?

One of the most serious potential consequences of a baby suffering an injury during birth is cerebral palsy. This condition, commonly known as CP, actually refers to a range of disorders that are caused by abnormal brain development or brain damage, such as if the infant is deprived of oxygen during labor.

The Centers for Disease Control and Prevention lists four types of cerebral palsy, with spastic cerebral palsy being by far the most common. People with this type of CP have stiff muscles that make their movements awkward. It can affect the patient’s legs, the limbs on one side of the body, or virtually the entire body.

Questions linger over crash that killed 4 NCTC softball players

September 26, 2014, proved to be a fateful day for the North Central Texas College women's softball team. Four members of the team died that day in Oklahoma when a tractor-trailer truck sideswiped the bus they were riding in.

The team was on its way home after playing a scrimmage game in Bethany, headed south on Interstate 35. Meanwhile, according to reports at the time, an 18-wheeler headed north swerved off the road, crossed over more than 1,100 feet of median at high speed and ripped into the left side of the bus.

What's required to support a premises liability claim?

There's a man in a Forth Worth hospital right now. His recovery from a significant brain injury is not going as well as his wife and likely doctors would like. He's been in the intensive care unit for more than two weeks and at last word he remains in a coma.

The incident has some observers wondering whether this doesn't stand as an ideal candidate for a premises liability claim. You see, the injury reportedly occurred as the result of an attack by two other men in a Wal-Mart parking lot a few weeks ago. Police say they are investigating but haven't made much headway in the probe.

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