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Category Archives: Medical Malpractice
Texas Supreme Court Lumps Nurses’ Work Injuries Into “Health Care Liability Claim” Definition
In the recent opinion of Texas West Oaks Hospital, LP, LLC v. Williams, Cause No. 10-0603, The Texas Supreme Court again used the Republican’s Health Care Liability “Reform” Laws (the Texas Medical Liability Act) to include something that is clearly not a medical malpractice case and strip an injured victim…
Posted in Medical Malpractice, Work Injury
Tagged health care liability claims, medical malpractice, regional news
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Helpful Information in Selecting a Nursing Home.
If you are trying to decide what nursing home is best for your loved one, you need to do some research before you decide. Although location is often a consideration, you need to make sure that safety is the major concern.
You can learn much by touring a home, seeing…
Texas Supreme Court Denies Justice to Another Injured Victim: St. David’s v. Esparza
St. David’s Healthcare Partnership, L.P., LLP d/b/a St. David’s Hospital and St. David’s Community Health Foundation vs. Genaro Esparza, Jr. is the latest assault on victim’s rights by the Texas Supreme Court under the guise of protecting doctor’s from health care liability claims. Mr. Esparza suffered a slip and fall…
Posted in Medical Malpractice
Tagged health care liability claims, medical malpractice, tort reform
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Cypress Fairbanks Medical Center Employee Accused of Raping Elderly Patient
An elderly lady was raped while staying over night in the emergency room on May 3rd according to detectives. Police say that a nursing assistant, Manuel Alvarado, (age 39) entered the room under the pretense of doing his duties and then sexually assaulted the lady. The lady was able to…
Posted in Medical Malpractice
Tagged cypress fairbanks medical center, health care liability claim, medical malpractice, rape, tort reform
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Statistics show that Texas Medical Malpractice Reform has been a complete bust
In 2003, laws were passed capping damages on medical Malpractice Lawsuits with a promise that this would lower health insurance costs for Texas citizens. According to a recent report from the Dallas Morning News, the average healthcare premiums in Texas have grown at a rate of 51% per family…
Posted in Medical Malpractice
Tagged health care liability claims, medical malpractice, tort reform
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Is a Texas Medicaid Transportation Service Area Provider a “Health Care Provider” under the Texas Medical Liability and Insurance Improvement Act?
Is a Texas Medicaid Transportation Service Area Provider a “Health Care Provider” under the Texas Medical Liability and Insurance Improvement Act?
Answer: I would argue ‘No.’
A Texas Medicaid Transportation Service Area Provider is a company or person who has contracted through the Texas Department of Health and Human Services…
What is Not a Health Care Liability Claim?
On July 1st, 2011, in the case of Omaha Healthcare Center v. Johnson, No. 08-0231, the Texas Supreme Court held that a lawsuit brought against a nursing home on behalf of a patient who died when they were bitten in their bed by a brown recluse spider was considered a…
Posted in Medical Malpractice
Tagged health care liability claims, medical malpractice, tort reform
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Recent Supreme Court Cases: Omaha Healthcare Center, LLC v. Johnson
Omaha Healthcare Center, LLC v. Johnson 246 SW3.d. 278 (Tex. 2011).
This case is an example of the injustices that have occurred due to the recent laws passed under the guise of “tort reform.” Classie Reed was put in a nursing home. Texas law requires that nursing homes exterminate regularly. The…
Posted in Dog Bite/Animal Attack, Medical Malpractice, Premises Liability
Tagged health care liability claims, medical malpractice, tort reform
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