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Jun

Caregiver Arrested in Texas Nursing Home Abuse Case

June 18, 2013

An arrest has been made in a case of Texas Nursing Home Abuse. A spokesperson for the Kaufman Police Department issued a statement saying their officers had taken a care provider from the facility into custody and had charged him on a count of felonious aggravated assault.

According to CBS-DFW News, the 88-year-old victim who suffers from Alzheimer’s disease sustained a gash to her head and massive bruising to her face while she was a patient at the facility. The woman’s caregiver told investigators she had sustained the injuries in a fall from her wheelchair and that he had reported the injury to a superior; however, there was no documentation of the incident and it was later determined another employee had reported the injury.

The victim continues to recover at another care facility in the area.

The facility had been cited and investigated several other times in connection to allegations of negligent patient care.

The Texas Personal Injury Lawyers with Daniel Stark Injury Lawyers say these incidents often leave families who have loved ones in care facilities wondering what they can do to prevent their family members from being neglected or abused. The firm explains studies have shown patients who have family members who visit often and are active in the patient’s care are less likely to be the victims of elder abuse or neglect.

Feb

Report Shows High Risk of Abuse and Neglect In Texas Nursing Facilities

February 19, 2013

A report released yesterday by Disability Rights Texas stated that numerous mistakes had led to patients in the state’s psychiatric hospitals being put at serious risk of neglect and abuse. According to an article published in a recent issue of the Austin American-Statesman, the state has also failed to properly investigate these claims.

The report indicates that the Department of State Health Services hired five physicians with histories of inappropriate sexual behavior with patients, but then failed to properly supervise the individuals. One doctor in particular had several claims of sexual abuse against a child patient brought against him over the past two decades, but investigators admitted to blowing the allegations off due to the mental disabilities those who made the claims suffered from. Investigators stated they believed the mental states of the individuals filing the claims made them unreliable.

While the state argues that some changes have been made to better protect the rights of patients at these facilities, many believe more needs to be done. Some of the options being examined to accomplish this include examining of credential and personnel files of individuals who are accused of committing some sort of Texas Nursing Home Abuse.

The Austin Personal Injury Lawyers with Daniel Stark Injury Lawyers are hopeful the report will be used to improve the safety of all patients who are under the care of physicians by decreasing the chances of exposing patient’s to abuse and neglect.

Jan

Study Shows Risks Associated With Brain Injuries Later In Life

January 8, 2012

With the number of Traumatic Brain Injuries (TBIs) that are being reported to health care professionals growing each year, researchers are beginning to look at what the long-term effects of these injuries could be.

While many studies have shown Dementia being linked to TBIs in the past, a story from the Courier-Journal explained a new study has collected data and information to the contrary. The article went on to explain that over a 16-year period, researchers examined the cases of more than 4,000 adults who had sustained a TBI in the past. They concluded that while a TBI may not increase the chances of developing Dementia later in life, the injury does in fact put the victim at risk of other hazards.

Data showed that those who sustained a Brain Injury had a higher rate of death resulting from any cause in the years following the injury. Also, those who sustain a TBI are at a higher risk of suffering a re-injury later in life.

Author of the research and assistant professor of rehabilitation medicine at the Icahn School of Medicine at Mount Sinai Medical Center in New York City, Kristen Dams-O’Connor, these risks should prompt TBI victims to diligently work to prevent another injury, while doctors of TBI patients should watch for health problems associated with the injuries.

The Austin Personal Injury Lawyers with Daniel Stark Injury lawyers recognize the risks associated with this type of injury and are here to help if you, or a loved one, have sustained a TBI at no fault of your own.

Oct

Texas Supreme Court Sets Precedent For Workers’ Comp Cases

October 9, 2012

A recent decision by the Texas Supreme Court makes it more difficult to hold workers’ compensation insurers accountable for their actions. According to the Houston Chronicle, the ruling eliminates the ability of an injured person to file a bad faith claim against an insurance company.

The ruling comes after an employee of a Galveston, Texas, electric supply company suffered a slip and fall accident on the job. Doctors determined he had suffered a hernia and scheduled surgery, but Texas Mutual Insurance of Austin cancelled the policy saying his employer stated the injuries were from playing softball.

The victim never played the sport and filed a Texas workers compensation lawsuit against the insurer, claiming they acted in bad faith. The victim won the lawsuit and was awarded $173,000 in damages; however, the insurance company appealed and the decision was overturned. Furthermore, the panel of judges decided on a 5-4 vote to do away with the section of Texas workers’ compensation law that allowed victims to file claims of bad faith. The decision means an insurance company can now refuse to pay a victim for whatever reason they deem legitimate with no repercussion.

The Austin Personal Injury Lawyers with Daniel Stark Injury Lawyers understand how frustrating and confusing filing a claim after an on-the-job accident can be and are here to discuss any questions you may have if you, or a loved one, has been hurt in a work-related accident.

Jul

Refinery Worker Files Texas Workers’ Compensation Lawsuit Over Injury

July 17, 2012

According to the Bureau of Labor Statistics, the mining industry had an injury rate of 19.2 individuals being hurt for every 100,000 employees. The construction industry also is considered one of the most dangerous occupations, accounting for nearly 20 percent of all worker fatalities. Aside from the primary dangers of doing their job, miners, refinery, and construction workers are exposed to a wide variety of other hazards.

Take, for instance, the case of a Harris County, Texas, man who filed a Texas Construction Accident lawsuit against his co-worker and former employer after he was injured by a dropped tape measure at a construction site. According to The Southeast Texas Record, the incident occurred on July 2, 2010, at a BP Refinery in Galveston County.

Court records show that the victim was standing near scaffolding, which was constructed and operated by the company named as a plaintiff in the lawsuit, when an employee who was standing on top of the structure dropped a tape measure onto the victims face below. The victim suffered facial injuries including a broken nose and lost teeth.

The lawsuit is seeking an unspecified amount in damages from the company and employee who dropped the tape measure.

The Bryan Personal Injury Lawyers with Daniel Stark Injury Lawyers would advise anyone who has been injured in an on-the-job accident that wasn’t your fault to talk about your case with an attorney.

Apr

Pool Safety Important To Remember As Weather Warms

April 17, 2012

With the weather warming up, children are flocking to local pools. However, swimming carries many dangers, and Safe Kids USA estimates that 745 children died from drowning in 2008 alone.

KVUE News reports that a 3-year-old Austin child suffered critical injuries around 3:00 p.m. Saturday at a backyard pool off of Lost Creek Boulevard. Reports indicate that the child was rushed to Dell Children’s Hospital for treatment.

The Texas Brain Injury Lawyers with Daniel Stark Injury Lawyers say that brain damage is the most common type of injury that results from drowning and near-drowning accidents due to a lack of oxygen making it to the brain. Brain injuries also are common in diving accidents due to the impact of the head hitting the bottom of the pool. They suggest these tips to help prevent such accidents:

Install fencing at least four feet high around the pool area.
Make sure the gate is locked when the pool is not in use.
Install a pool alarm to alert you if someone falls in.
Remove all toys from the pool area.
Never leave a pool cover partially open.
Adhere to diving rules.

The Consumer Product Safety Commission is also working to battle this problem by promoting a campaign called Pool Safely. The agency says the campaign educates both children and adults on what they can do to stay safe and save lives near pools and other bodies of water.

Mar

Austin Water Utility Worker Killed In Tragic On-The-Job Accident

March 13, 2012

The Austin Metro Police Department (AMPD) and the Occupational Safety and Health Administration are continuing their investigation into the mysterious death of an Austin Water Utility worker who was killed in an on-the-job accident two weeks ago. According to reports from YNN News, the accident occurred March 2 at 3 p.m. on Barton Hills Drive, near Farnswood Circle.

A spokesman for Austin Water Utilities, Jason Hill, said that the 51-year-old worker—a 22 year veteran of the department—was in the area replacing and updating service lines to neighborhood homes when the accident occurred. The only other details being released specify that the accident involved a backhoe at the worksite.

The worker was laid to rest on Friday while investigators still work to iron out the details of what happened that afternoon. Hill stated that, in the meantime, the AMPD’s main priority now is to console and comfort the family of the victim and other workers who knew him as well.

According to the Bureau of Labor Statistics, operating heavy construction equipment can be dangerous, and workers in this occupation incur injuries and illnesses at a higher-than-average rate.

The Austin Wrongful Death Lawyers with Daniel Stark Injury Lawyers would like to send their thoughts and condolences to the family of the victim who tragically died. The firm would also like to send their thoughts to the victim’s numerous co-workers who knew him as well.

Mar

Austin Metro Police Shift Focus To Improving Pedestrian and Cyclist Safety

March 5, 2012

After successfully reducing the number of car accidents throughout the city, the Austin Metro Police Department is now shifting some of its resources toward keeping the city’s pedestrians safer. Reports from KXAN News indicate that some of the Metro Police Department’s saturation patrols are being reassigned to areas with the highest number of auto-pedestrian accidents.

Yesterday, officers patrolling the area of Riverside and Pleasant Valley Drive and were able to cite 26 pedestrians and motorists in less than three hours. Officers said tickets issued were for violations ranging from jaywalking to not yielding the right of way.

Officers say they will continue the effort by analyzing crash data on a weekly basis to determine how and where to shift their presence. A spokesman for the Austin Metro Police Department, Sgt. Mike Fitzgerald, added that the department would also use a motorcycle unit for these efforts.

The number of pedestrian and cycle accident fatalities this year have Austin on track to be named one of the most dangerous cities in the country for pedestrians. Data shows that of the 14 accident fatalities in the city in 2012 alone, eight were pedestrians or cyclists.

The Austin Auto Accident Attorneys with Daniel Stark Injury Lawyers would like to take this opportunity to remind motorists, cyclists, and pedestrians to keep one another safe by always looking twice at intersections and making yourself visible by using lights and turn signals.

Feb

Austin Police Reduce Accidents And Tickets Through Saturation Patrols

February 28, 2012

The Austin Police Department (APD) has been reducing the number of car accidents in the city by using a technique known as saturation patrols near the area’s most prominent accident locations. According to reports from KXAN News, the APD announced last week that car crashes in the city have declined by 11% in 2011.

A spokesman for the APD Highway Enforcement Command, Lt. Ely Reyes, said that focusing on certain dangerous locations across the city has reduced the overall number of citations written by officers as well. He estimates that APD officers wrote 50,000 fewer tickets in 2011 than they did in the previous year. The number of traffic citations also saw a considerable decrease over the year, dropping from 224,661 in 2010 to 165,757 in 2011.

Reyes concluded by saying, “Any time you have concentrated enforcement efforts, compliance always comes along with that.”

Officers will continue to patrol in “designated danger zones” such as Slaughter Lane near I-35, which saw 21 crashes in the past year, making it the most dangerous roadway in the city. The second most dangerous location in Austin according to number of accidents is the intersection of Congress Avenue and Cesar Chavez Boulevard with 20 crashes between 2010 and 2011.

The Austin Car Accident Attorneys with Daniel Stark Injury Lawyers encourage drivers to stay safe while on the road by always buckling up, obeying the speed limit, and driving defensively.

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