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San Antonio Law Blog

Bill seeks to expand practice of telemedicine in Texas

As readers may be aware, the growth of telemedicine in the United States is swift and holds promise for increasing access to quality medical care for those with limited access to brick and mortar facilities. Most states have recognized the benefits of telemedicine and taken steps to allow health care providers to offer direct to consumer telehealth care.

Texas is not among those states, much to the dismay of enterprising health care providers in the state. Earlier this week, though, representatives of the health care industry in Texas submitted a bill to the Texas legislature to address issues that have prevented the growth of telemedicine in Texas. 

Accident victims: take your medical and legal needs seriously

The aftermath of any motor vehicle accident has the potential to be completely chaotic. Cars are disabled and debris is scattered across the roadway, which quickly becomes congested with bystanders and rubberneckers. There are other people involved in the accident and witnesses gathering. If a crash is serious, police and ambulance will also be on the scene.

In all this activity, it can be easy to minimize or look past your own seemingly minor injuries in favor of giving police your statement and just getting back home. However, neglecting your own medical needs can have devastating consequences, particularly if you are suffering from a concussion or other type of brain injury.

Bad knee and hip replacements can lead to more surgery, pain

Our bodies are amazing creations. The bones, muscles, nerves and organs work together in harmony to keep us breathing, digesting and moving seamlessly. Sometimes, though, that harmony isn't so perfect. Conditions like arthritis or osteoporosis, or serious injuries, can mean that we need to replace one of our original parts with a man-made medical device.

As our population ages, such replacement surgeries are becoming more and more common, particularly involving knees and hips, two of the most often used joints that also bear the majority of our weight. Many people who undergo total knee or hip replacements (or less invasive procedures like hip resurfacing or partial replacements) successfully recover from the surgery and go on to live active lifestyles with much less pain than before.

Can I refuse breath and blood testing during a DWI stop?

Many Texas residents will be celebrating Independence Day this weekend with adult beverages, and if you are one of them, you need to know your rights if you happen to be pulled over and suspected of drunk driving.

Refusing a breathalyzer or blood test in Texas

Generally speaking, you can refuse to take a breathalyzer or blood test if you are pulled over on suspicion of drunk driving in Texas and the police officer does not have a search warrant. Most criminal defense lawyers will advise to always refuse testing unless you are certain that you are under the legal limit to drive (.08).

However, this is a complicated issue, especially on holiday weekends like the Fourth of July (see below).

What are the elements of burglary and criminal trespass in Texas?

When facing burglary charges in the state of Texas, the charged owes it to themselves to become familiar with the criminal law involved. This post provides a brief summary of the elements of the crime of burglary in the Lone Star State, as well as the elements of the related offense of criminal trespass.

Between the two crimes of burglary and criminal trespass, burglary is the more serious offense. In order to prove the crime of burglary, the prosecutor must prove that the defendant entered a private habitation or other building -- without the consent of the owner -- with the intent to commit an assault, theft or felony. The term burglary also encompasses the act of breaking into a coin-operated machine or entering a vehicle with the intent to commit a theft or felony.

Possible defendants in a Texas medical malpractice case

People in Texas have probably heard that medical malpractice is the area of law that applies when negligence is alleged in a health care context. In a traditional medical malpractice case, an injured patient will bring a case against a doctor, whose negligence allegedly caused the patient's injury. Many cases are brought against physicians and surgeons alleging medical malpractice. But, physicians and surgeons are not the only possible defendants in a medical malpractice case.

Hospitals are often sued and held liable in medical malpractice cases. One scenario where this could happen is if a hospital fails to make reasonable inquiries into the training, education and licensing of applicants for the positions of nurses, physician's assistants, nurse practitioners and other staff members. If a hospital fails to make such a reasonable inquiry, and a hospital staff member's negligent care causes injury to a patient, there is a possibility that the hospital could be found liable for negligent supervision of its employees. Further, hospitals are required to have sufficient nurses and other staff members to handle the needs of the hospital's patients. If a hospital fails to make sure that there are enough staff members available, the hospital could be liable for resulting injuries suffered by patients.

ECMs can record useful information about an 18-wheeler accident

Driving a semitrailer truck in Texas is a big responsibility. Trucks can be very heavy. Some weigh as much as 40 tons. When these trucks get into a collision with smaller vehicles, serious injuries and enormous property damage can result. This is why truck drivers are required to have a commercial driver's license and why they and their trucking companies may incur major liability for an 18-wheeler accident.

Truck accident victims may wonder if there is a way to capture information about the operation of the truck at the time of an accident. There may be.

Since the 1990s, many trucks made in the United States have Electronic Control Modules (ECMs) installed. These ECMs record a variety of data about the truck's operation. Information recorded may include highest speed, average speed, total time driven, amount of time driving over 65 mph, average engine revolutions per minute, idling time, seat belt usage and air bag performance.

What must one do after a personal injury car accident in Texas?

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.

What are the possible medical causes of a coma?

Most people in Bexar County probably know that a coma is a serious medical situation that requires medical attention. This blog post will provide some basic information about comas and their causes.

A coma is defined as a state of prolonged unconsciousness. A person in a coma requires immediate medical assistance in order to preserve life and brain function. When a person is brought to the hospital in a coma, the physicians will usually order blood tests and a CT scan to determine the cause of the coma and the appropriate treatment options.

Medical mistakes a major cause of fatalities

When a Texas patient goes to a hospital out of necessity to receive treatment for an illness, injury or condition, the last thing they are expecting is that they will be made worse than they were when they went in. In some cases, they might not even leave the hospital at all. This is the case if a new study is to be believed. Research has shown that while cancer and heart disease are the top two causes of death in Americans, the third leading cause of fatalities in the U.S. are medical mistakes.

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