Rush & Gransee, L.C.
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September 2008 Archives

Texas Medical Malpractice Caps - Hospitals and Doctors are Trying to Keep Them

In 2003 the Texas Legislature passed many sweeping laws that directly affect the right of injured patients to have recourse against a doctor or hospital that caused them harm. Every lawsuit filed has a cap of non-economic damages placed at $250,000. This means that damages for the emotional loss a child's mother, or a medical mistake that causes permanent scarring and disfigurement, or the losses a grieving parent can receive if their child suffers death at the hands of a negligent healthcare provider, are capped at $250,000. and no recovery above that amount can be sought for those injuries and losses.

San Antonio Drivers: Beware of Driving While Texting

The recent Metrolink commuter train crash in California raised the awareness level of most people when it comes to using electronic equipment while driving. It has been reported that the train engineer who failed to see a red light, was texting with a teen minutes before the fatal crash. Unfortunately, driving while texting has reached a point where your safety is at risk. First, it should go without saying that it is irresponsible to attempt to engage in a text conversation or communication while operating a motor vehicle. But now, all of us need to be aware that many drivers on the roadway do engage in such risky behavior. A study in the United Kingdom found that driving while texting impairs response and reaction time more than marijuana or alcohol! Visit the RAC Foundation site to view the full study results showing how texting impairs driving.

Ford Recall Ordered by National Highway Traffic Safety Administration

The United States Government has issued a recall order, requiring Ford Motors to repair and/or replace defective wiring in certain vehicles. This is the second warning and it was issued because there are still nearly 5 million vehicles that have not been brought in by owners for the necessary repairs. The complaint centers primarily on the F-150 pick-up series as well as several SUV models, and the safety concerns focus on the potential for engine fires to ignite.

Auto Accident Causing Heart Damage?

A frequent but undiagnosed heart injury can be caused by impacting your chest against the steering wheel of an automobile during an automobile accident. Serious injury to the heart can be caused even though there appears to be no external sign of injury. The most common injury to the heart is a myocardial contusion, or bruising.

San Antonio Parents Should Know of Baby Crib Recall

Retailers in San Antonio and throughout Texas have been notified of two large recalls of potentially dangerous baby cribs and bassinets. The recalls involve bassinets and cribs made under the Simplicity brand and to a lesser extent the Graco brand. The recall does not include all cribs and bassinets made under those names. The recall involves approximately 900,000 convertible bassinets and 600,000 cribs. Information about the recall can be found at the website for the Consumer Product Safety Commission (CPSC).

Insurance Giant AIG faces failure

It has recently been reported that the world's largest insurance carrier - insurance giant AIG - is in deep financial trouble. According to various AP reports, AIG is in immediate need of between $20 and $40 million dollars, and may require as much as $70 - $80 million for long term needs. The entities that rate insurance companies for investment purposes (Standard & Poor’s, Moody’s Investors Services and Fitch Ratings) have all reduced the score of AIG in recent days.

Texas Medical Board Disciplines Physicians

Our firm receives many calls regarding potential medical malpractice claims. Not all medical errors can rise to the level that will allow for a lawsuit or claim to be made because many times the conduct complained of violates the physician's obligation to the patient but is not a direct cause of harm. In those cases we usually refer the patient to the Texas Medical Board.

FDA Unveils List of Drugs in Side-Effect Probe

We were excited to learn about the new Food and Drug Administration (FDA) list of drugs being investigated. We often get calls from medical patients who suffered severe injuries potentially from prescription medicines. Often it is impossible to determine whether the FDA is investigating the adverse event or even whether the medical issue was an adverse event caused by the prescription drug.

The Food and Drug Administration: Under Funded and Over Worked

The Food and Drug Administration (FDA) is obligated to monitor our nation’s food supply for safety as well as evaluate and approve for sale in the United States prescription drugs and medical devices. However, recent reports of large scale outbreaks of food poisoning, dangerous drugs causing death and injury as well as tampering with chemicals imported from China that were used in the drug manufacturing process have called into question the FDA's ability to protect consumers.

San Antonio Hit and Run Auto Accidents

There have been several recent stories in the San Antonio news media involving hit and run automobile accidents. The trauma inflicted by a hit and run driver, and the injuries suffered by a victim of hit and run drivers in San Antonio, Texas can be devastating. Unfortunately, the pain and injury can be compounded unless the victim carried uninsured/underinsured motor vehicle protection coverage on their personal auto insurance. If the perpetrator flees the scene, and the victim cannot identify the hit and run driver in order to make a claim against the perpetrator's insurance, the only available option may be if the victim had uninsured/underinsured protection.

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