Medical malpractice deaths in the U.S. are over 500 times higher than accidental gun deaths.
A Johns Hopkins University study covering eight years of data found there are at least 250,000 medical malpractice deaths in the U.S. annually. Medical errors now third leading cause of death in the U.S. Beating out Smoking and Respiratory Diseases which kill 150,000 per year.
Other studies report much higher figures, claiming the number of deaths from medical error to be as high as 440,000. According to a CNBC article, the reason for the discrepancy is that physicians, funeral directors, coroners, and medical examiners rarely note on death certificates the human errors and system failures involved. Yet death certificates are what the Centers for Disease Control and Prevention rely on to post statistics for deaths nationwide.
Appeal to CDC
The authors of the Johns Hopkins study have appealed to the CDC to change the way in which it collects data from death certificates. To date, however, no changes have been made.
Human Beings Make Mistakes
Medical-care workers are dedicated, caring people, but they’re human. And human beings make mistakes.
Finally, if you think you have been the victim of a medical malpractice error. Or worse, if you believe a loved one of yours lost their life due to such an error, Then contact us. Dan Street of STREET LAW FIRM has been in business over 35 years fighting just such cases. Contact him for a no-fee, no-obligation consultation.
Roundup manufacturer Monsanto ordered to pay nearly $290 Million verdict.
In a noteworthy case, according to San Francisco’s CBS affiliate (KPIX 5), a jury has awarded a groundskeeper for the Benicia Unified School District nearly $290 Million. The award is to be paid by Monsanto for the reason that it is the manufacturer of the popular herbicide which was used… “Roundup”.
Groundskeeper for the school district
Dewayne “Lee” Johnson, groundskeeper for the school district claimed the chemical ‘Glyphosate’ found in “Roundup” gave him the terminal non-Hodgkins lymphoma which has left 80% of his body covered in lesions.
Furthermore, Mr. Johnson said the lesions were due to the fact he sprayed 150 gallons of “Roundup” 20-30 times per year for the 4 years he worked as a groundskeeper for Benicia Unified School District.
“I figured if it could kill weeds it could kill me,” said Johnson. “I took it seriously. That’s why I wore anything I could to protect myself.” Said a quote from Mr. Johnson in the news article from (KPIX 5).
Typically lawsuits of this nature will have compensated Dollar amounts assigned to different types of losses.
Economic Loss and Non-Economic Loss. As you would imagine, economic losses are for specific things like lost wages or actual incurred ‘costs’ such as medical expenses. They will almost certainly include future or anticipated losses of the same kind.
A non-economic loss is far harder to assess losses to. Typically such losses as pain-and-suffering, disfigurement and or disability, loss of reputation, loss of the ability to enjoy life consequently as the plaintiff once did.
Here’s how the Monsanto “Roundup” jury verdict applied awards to the losses:
$819,882 for loss of past earnings.
$1,403,327 in future earnings.
$4 million in past non-economic losses.
$33 million in future non-economic losses.
Finally, when it came to punitive damages:
Mr. Johnson’s attorneys had sought after $387 Million. Despite their request, the jury finally awarded only $250 Million in punitive damages to Mr. Johnson.
Scott Partridge, Monsanto’s vice president, said in a statement that the company will appeal the decision. A USA TODAY article reported: “We are sympathetic to Mr. Johnson and his family,” Partridge said. But he added, that the court decision, “does not change the fact that more than 800 scientific studies and reviews . . . support the fact that glyphosate does not cause cancer, and did not cause Mr. Johnson’s cancer.”
From a legal point of view, it’s very difficult for an appellate court judge to overrule a jury decision. What seems far more likely is the award amounts could be reduced.
Another summer is over and it’s back to school for many children. An exciting time, full of awe and for some – anxiety. New friends, new teachers, new curriculum and tests, tests, tests.
But walking to school can be a hazardous and even a tragically fatal experience, take a few minutes to talk to your child or children about road safety even if they ride the school bus or your teen drives themselves.
According to the National Highway Traffic Safety Administration between 2006 and 2015 over 300 children were killed in fatal “transportation-related crashes“. NHTSA has suggested the following safety tip to help them stay S.A.F.E. traveling to and from school.
When riding the bus:
Stay 5 giant steps away from the curb
Always wait for the bus driver to tell you when to board.
Face forward after finding a seat on the bus.
Exit the bus when it stops, look left-right-left, and take five steps away from the bus toward the curb.
When walking to school:
Children under 10 years old should be accompanied by an adult. Teach your children to always:
Use the sidewalk whenever possible, and if there isn’t a sidewalk, walk on the edge of the street facing traffic.
Focus when walking near traffic – this is no time for horseplay.
Use crosswalks whenever they are available to cross the street.
Look left-right-left before crossing any street.
When biking to school:
What a fun and awesome time it is when you get to ride your bike to school. In addition to making certain the bike is safe to ride make sure the following guidelines are followed (and see our post on bike safety):
Always wear a properly fitted helmet and securely fasten the chin strap.
Ride in the same direction as traffic and follow traffic signs and signals.
Stay in the bike lane whenever possible.
Use the sidewalk appropriately and keep an eye out for other pedestrians.
Never use electronics while riding – they are distracting.
When driving to school:
Among all drivers, teenagers are the most distracted age group that are involved in fatal automobile accidents says the NHTSA. As you can already predict, texting is by far the most common cause of distracted driving among teens. Taking one’s eyes off the road for 5 seconds at 55 mph is the equivalent of driving the length of an entire football field with your eyes closed. In just 2015 alone almost 3,500 people were killed by distracted driving and 391,000 were injured.
Have a safe driver behind the wheel.
Do not let the car move until everyone’s seat-belt is buckled up.
Use appropriate car seats and booster seats for younger passengers, and remember: every child under 13 must ride in the back seat—no exceptions.
Finally, remember that the phone stays down when you’re driving!
Importance of road safety.
Parents, talk to your children about the importance of road safety, don’t just quiz them on if they have all their supplies in order, who their new teachers are, who their new friends are… Be certain to talk to them about a safe journey to and from school.
There are over 100,000 practicing attorneys in the State of Texas. Recently, The AILC named Dan Street as one of the ten best Personal Injury Attorneys in the State of Texas for 2018.
Each year, their Personal Injury Division compiles an exclusive and noteworthy list of the ten best attorneys for each State. Their list is particularly beneficial to potential new clients like you, who use the Institute’s website when looking for a top attorney. The award is an honor for Dan and any attorney whom it is awarded to because of the following.
Dan was chosen or formally nominated by either the Institute, a client, and or a fellow attorney.
It acknowledges that Dan has attained the highest degree of professional achievement in his field of law.
Finally and above all, Dan was required to have an impeccable Client Satisfaction rating.
Press release to the local media
The Institute, in a press release to the media, which included both local TV. stations and internet search engine giants (Google and Bing). It said that Dan was selected for this honor and was scored according to the following criteria as part of the selection process.
Dan was required to have a 10 out of 10 in client satisfaction score.
He had to be seen in his field as a top-rated lawyer.
STREET LAW FIRM with Dan Street at its helm has been in the business of providing exceptional client service for over 35 years. The Institute was proud to recognize Dan Street as one of Texas’ ten best personal injury attorneys. (We’re pretty proud he was too.)
Finally, have you or maybe a loved one been Injured in a car wreck? Or similarly, have you been hurt in a fall? Or worse, has someone you love been killed or catastrophically injured by the negligence of an individual or company. If so, then pleaseContact Dan at 972-404-8585 for a free consultation.
Furthermore, Dan Street takes all personal injury and wrongful death cases on a contingency fee basis. As a result, that means you don’t have to come up with any money up front, and if Dan does not win your case for you, you don’t pay!
Also, if you would prefer you can submit your case for free by clicking here.
An accurate and timely diagnosis can honestly be the difference between your life and your death. It doesn’t matter whether we are talking about the brakes on your car or your general healthcare.
Doctors are trained to diagnose conditions as soon as possible. While that’s quite a task, ultimately their experience and training will produce the best results. However, a lack of experience and training, will slow the process and could lead to a misdiagnosis. Moreover, even some of the best trained and most experienced doctors can make mistakes, it’s human nature, but now, it’s also a possible medical malpractice case when they do.
Accurately and timely diagnosing
Accurately diagnosing your cancer in its early stages can often lead to treatment that may cure you, if caught early enough. Diagnosing strokes and heart attacks early, will too. Opening those accurate and timely doors to you receiving the exact treatment needed to save your life is, well, vital.
What about HIV
What about HIV? A Boston man, Sean Stentiford, recently received an $18.4 million award from a medical malpractice lawsuit. Why? Mr. Stentiford’s HIV had accelerated because it wasn’t diagnosed early enough to be able to timely treat his condition. Mr. Stentiford claimed his neurologist canceled a test that could have diagnosed his HIV more timely. The neurologist did so because he didn’t think there was a risk for HIV.
That’s horrific. However, the saddest part is, it would have turned out wholly differently if he had received an accurate and more timely diagnosis of his HIV.
Clearly, an accurate and timely diagnosis are vital ingredients to your health recovery in life-threatening cases. While sometimes they’re not always discovered, at other times it’s obvious that symptoms were overlooked. Squeaking brakes on your car are not indicative of your anti-freeze being low. Refreshing your anti-freeze levels while ignoring your noisy brakes would be negligent if you were a mechanic. Or could be considered a malpractice if it were a doctor making a similar mistake in your healthcare.
Medical Malpractice Caps in Texas
The maximum payouts (caps) for Medical Malpractice lawsuits in Texas are designed to prevent lawsuit damages from getting too high. Lawsuit damages fall into two categories, economic damages, and non-medical damages. The medical malpractice caps are only enforced on non-economic damages.
Economic Damages: Are related to your medical bills and expenses, past lost wages future lost wages things that are easy to put a dollar amount to.
Non-Economic Damages: Are related to items such as your pain-and-suffering, or mental anguish, or disfigurements, or impairments. Such damages are much harder to assess and put dollar amounts on.
How the caps work in Texas
So, non-economic damages in Texas are capped to a single hospital’s negligence at $250,000 and two or more hospital’s negligence have a $500,000 cap.
Negligence of Doctors, Nurses, Physicians, Pharmacists, aids or basically any human healthcare providers as opposed to non-human providers ie. hospitals have a $250,000 cap total, regardless of the number of individual doctors etc that were party to the negligence. It also includes the number of plaintiffs in the same case, for example, the pain-and-suffering of the spouse and children. It all has a global cap of $250,000 for the entire non-economic damages and everyone who has suffered them.
Confused? Don’t worry, it IS confusing. Help, however, is just a phone call away…
Dan Street is a qualified and an experienced medical malpractice attorney in the Dallas area. Dan has received awards for his clients in excess of tens of millions of dollars in the 36 years he has been practicing law. There is never a fee from STREET LAW FIRM until Dan successfully resolves your case. Contact our office if you or a loved one feel your medical case has been acted upon negligently or irresponsibly.
Delivery to your door within 2 hours comes at a price.
Having items delivered to your door within 2 hours of ordering them is an absolute modern miracle. But it is taking its toll on Amazon’s warehouse staff and delivery personnel. That toll is being seen in a staggering rise in Amazon workplace injuries. From tripping, falling, slipping, lifting, pushing, pulling, reaching, at places such as the shipping and receiving docks. Injuries involving fork-lift trucks, conveyor belts, storage accidents, to injuries that occur just as a result of overall manual shipping and handling procedures.
On September 23, 2017, PhillipTerry, 59, was killed when his head was crushed by a forklift at an Amazon warehouse in Plainfield, Indiana.
On Sept. 19, 2017, Devan Michael Shoemaker, 28, was killed when he was run over by a truck at an Amazon warehouse in Carlisle, Pennsylvania.
With strict delivery times come strict performance monitoring (right down to the number of bathroom breaks you can take). Amazon has even patented a wristband that tracks warehouse workers’ hand movements!
Meaning if you don’t meet their quotas, or you are found to be inefficient or ineffective in your fulfillment duties you will likely be let go. However, when meeting Amazon’s requirements and expectations of their fulfillment jobs, your body and health are put at significant risk. In part due to the stressful demanding daily working conditions, one must suffer as an employee.
Using A. I. Robotics
In an effort to counter many of the risks to you its employees, Amazon is using A. I. robotics to assist you in their order fulfillment procedures. This action is helping to put, you the employee, at significantly less risk of personal injury.
At one time, Amazon hired over 800,000 warehouse employees, many of you have now been replaced by A.I. robotics. While Amazon is maximizing the safety and health of its employees, workplace injuries are still going to occur. Especially given Amazon still has around 125,000 warehouse employees like you exposed to the aforementioned risks to your body and overall health.
The Darker Side
The darker side of Amazon’s working conditions is also as deeply troubling as how wondrous and awe-inspiring Amazon’s A. I. Robotics are.
According to a horrifying investigative article by The Guardian, in April 2018, it found Amazon’s warehouses were listed on the National Council for Occupational Safety and Health’s “dirty dozen” list of most dangerous places for you to work in the United States. For example in Seattle, Washington
Seven workers have been killed at Amazon warehouses since 2013 – including three workers within five weeks at three separate locations in 2017.
Too young for back problems
After injuring his back, one employee was being told by superiors he was too young to have back problems. Others complain of their paperwork being held up so they can receive the proper treatment they require. Or worse, not being provided with any at all. There is little doubt Amazon, in general, is doing all they can technically and educationally to ensure the health and safety of their employees. However, it’s not humanly possible to manage all the claims and injuries that having so many warehouse fulfillment employees are going to bring.
Injured on the job at Amazon
Have you or a loved one been injured on the job at an Amazon workplace in Texas? First of all, get some legal advice. We suggest you contact us at STREET LAW FIRM. (We are not associated with Amazon in any way.)
The legal team at our Dallas offices are led by Dan Street who is a proven and experienced personal injury lawyer. Dan has earned his clients tens of millions of dollars over the 35 years he has been in practice.
Let Amazon talk you into using one of Amazon’s doctors or agree to mediation before talking to an attorney. Do not sign anything without you first talking to our office or to another legal firm.
What you must do
Notify your supervisor of your work-related injury in writing, right away. Seek medical treatment for your injuries, as soon as possible, from a doctor of your choosing. Furthermore, the staff at our office can advise you if you need us to. Just give STREET LAW FIRM a call at 972-404-8585 or Toll-Free at 866-529-3737)
Finally, remember there are no up-front costs or out of pocket expenses until your Amazon Workplace Injury case has been successfully resolved. Give us a call.
First of all, as powerful painkillers, opioid drugs are used to treat those of you suffering from great pain. Including when you are recovering from surgery and when you have chronic long-term pain, and furthermore, to treat some cancer patients.
However, According To The FDA
Every day, 60 people like you, die from opioid painkillers. That’s 22,000 people every single year. Furthermore, four out of the six most deadly prescription painkillers given to Americans like you are powerful painkillers known as opioids.
Similar to heroin, opioids are related to the opium that comes from poppies. Opium has long been known for its painkilling effects. Modern opioids, however, are up to 100 times more potent and are therefore much more dangerous.
Certainly, all of these drugs including oxycodone (aka oxycontin), fentanyl, morphine, and methadone, have legitimate medical uses. Yet each and every one of them have all been proven to be very deadly for you.
Painkillers don’t kill the pain. They kill people
“Painkillers don’t kill the pain. They kill people,” says Dr. Don Teater, a National Safety Council medical advisor. People think taking opioids is the best way to treat pain. But the reality is, other non-addictive medicines are just as effective, including many over the counter drugs such as ibuprofen or naproxen.
Opioids Are Overprescribed
However, opioids are overprescribed by doctors, leading to your possible addiction to the opioids. Even if properly prescribed, accidental misuse of these drugs is common and can, as a result, end in a deadly overdose for you or a loved one.
The lifetime odds of you being killed by opioid usage is 1 in 109. Right behind the chances of you being killed in a motor vehicle accident, which is 1 in 102 odds of it being the cause of your death.
Your overuse of, or overdosing on any of these drugs can cause you to stop breathing or respiratory depression. Both of which can very easily lead to your death. Finally, these drugs will have other side effects on you. Side effects which can get even more harmful and worse the longer you use them.
How to get help
If you have been harmed by using these opioids or someone you know has died or suffered some other bad outcome from using them, contact us. You may be eligible to file a lawsuit and be compensated for your losses.
Remember there is never a charge to contact a lawyer with STREET LAW FIRM.
Also, If you feel you or a loved one needs help with an opioid addiction problem click here.
Employers have a duty to provide their employees with a safe place to work. A recent mosquito bite case may help define just how far that duty goes.
The suit was brought by a worker who had been bitten by a mosquito. Unfortunately, the mosquito-carried the West Nile Virus and the worker contracted encephalitis. As a result, he suffered a severe loss of cognitive function, and he can no longer walk without a cane.
He Sued His Employer
He sued his employer, a railroad. The evidence showed that the railroad knew of the dangers mosquitos presented but that it had neither warned the employees nor provided those who were working outside and around mosquito-infested areas with bug spray.
The railroad argued that there was no evidence showing that the worker had been bitten while working, that it had no duty to protect its employees from “wild” animals, and that in any case, the danger that someone working outside might be bitten by a mosquito is well known.
The parties initially had trouble finding 12 jurors willing to consider whether the employer should be held liable, but once the jury was seated, the trial took just a few days. The jury returned a verdict in favor of the worker for over $780,000.
If you have suffered a personal injury at your place of work, you need to protect your rights and contact an attorney as soon as possible. A personal injury lawyer at the STREET LAW FIRM can evaluate your case at no cost to you. If we determine you have a personal injury claim, we will handle your case aggressively. You pay absolutely nothing unless we win your personal injury case. Contact our Dallas Law Firm today.
Talking on the phone. Sending a text. Using your GPS. Adjusting your stereo. Talking to passengers. All of these things can lead to smartphone distractions.
Distracted driving is dangerous, claiming 3,450 lives in 2016 alone
Distracted driving occurs when a driver is trying to do something else while driving. Lacking the ability to give his or her full attention to the road. Some may see these distractions as trivial. The National Highway Traffic Safety Administration however, estimates that 9% of all traffic deaths (3,000 out of 33,000) are caused by distracted drivers.
Given that new technologies like cell phones and GPS systems are a common source of distractions. In 2010, 13% of the distracted drivers involved in fatal crashes were between 15 and 19 years old. However, teenagers are not the “only culprits–48% of young drivers saw their parents talking on the phone while driving. Another 15% saw their parents texting while driving.
Many of these crashes involved sending or receiving a text. Looking at the average text takes your eyes off of the road for almost five seconds. At 55 miles per hour, this is the equivalent of driving the length of an entire football field without looking where you’re going.
A number of different approaches are being taken to try to reduce the amount of distracted driving. Many states have enacted laws forbidding texting while driv ing and all cell phone usage by novice drivers, and several states limit cell phone usage for all drivers to hands-free devices so that the driver can keep his or her eyes on the road.
Some states are enforcing their vehicular manslaughter laws against those who kill someone be cause they were driving while distracted. For more information, go to distraction.gov.
Have Your Teen Drivers Sign A “Safe Driving Contract”
Parents should try to set a good example for their children by not allowing themselves to be distracted while driving. Many parents are asking their teen drivers to sign a “safe driving contract,” where the teen pledges not to talk or text while driving and to do other things to increase safety, such as wear a seatbelt and not drive with someone who has been drinking.
There is nothing you need to say or see that is worth risking your life or the lives of others. Remember to “Put It Down” when you’re driving.
In the past decade, the growth of the practice known as hydraulic fracturing (or “fracking”) has exploded. Fracking is used to drive natural gas out of formations of shale rock. Many see it as an important way to meet our nation’s future energy needs. However, for every fan of fracking, there is an opponent, and it remains to be seen how the law in the area will develop.
Many of the complaints about fracking are based on how it is done. The technique involves drilling a deep hole into a formation of shale rock. A large amount of water, mixed with a smaller amount of sand and chemicals, is then pumped down the hole at very high pressure. This mixture of pressurized water, sand, and chemicals open up fissures in the shale from which the trapped natural gas can escape and be captured for use.
Shale formations are common throughout the United States, with at least 36 states boasting enough shale to make fracking economically viable.
Barnett Shale Formation
Here in Texas, the largest shale formation is the Barnett Shale formation, in the north-central part of the state.
Moreover, advances in directional drilling (which allow wells to be drilled sideways instead of up and down) have expanded the reach of fracking operations. Which have resulted in their reaching places where there has never been drilling before. All this fracking has led to many different kinds of lawsuits.
Some are to be expected. Like any industrial operation, fracking can be dangerous, and many of the suits are brought by workers alleging that they were injured on the job. Others are breach-of-contract lawsuits. Which are brought by property owners who claim that the company that leased the rights to the shale under their property has paid them less than they are owed or has otherwise breached the lease. Some suits allege that the fracking operations are a nuisance, interfering with the property owners’ right to use and enjoy their land without outside interference. However, many suits are based on things unique to fracking.
Some Law Suits Claim
Some of the suits claim that the water/sand/chemical mixture used in fracking has polluted or even poisoned the groundwater in the area. Property owners claim that they can no longer drink out of their wells and that the value of their land has been reduced because they now have to truck in water for their families to drink.
In A Famous Video
In a famous video (available on YouTube, seen below), one homeowner showed why the water coming out of his sink was undrinkable-when lit, the water caught fire. Other property owners claim that they have been exposed to some of the chemicals used in fracking (either through their drinking water or otherwise) and that this exposure has caused them to suffer personal injuries, mental anguish, or both. Still, others have alleged that fracking operations have disturbed the shale formations in a way that has caused earthquakes.
Unfortunately, these suits are not easy to win. In 2005, the government excluded oil and gas companies from the Safe Drinking Water Act. And also, the Clean Water Act. However, the effect of this exemption is that the companies most responsible for pollution. Companies that in many areas cannot be held liable under the laws designed to prevent such pollution. Consequently, leaving injured land owners to proceed under a patch work of state environmental laws.
In all cases, the exact mixture of chemicals used in fracking operations is kept hidden from the public, with gas companies claiming that the information is proprietary and secret. This can make it hard for those who may have been injured by those chemicals to prove the cause of their injuries.
Fracturing Responsibility and Awareness of Chemicals (FRAC) Act
There is the potential for positive change. A bill called the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act was first introduced in the Senate in 2009. The bill has been re-introduced several times, the last of which in April 2017. Although it still has not been passed. It will both require energy companies engaged in fracking to disclose what chemicals they are using in their operations.
Also to close the loopholes. Loopholes allowing them to avoid the requirements of the Safe Drinking Water and Clean Water Acts.
Help Is Here, However.
The period of time following an accident is one of confusion and uncertainty. There are many things to take care of.