Dallas Fort Worth Injury Lawyer Blog

Fort Worth Man Mauled by Pit Bull

2009-01-01T21:49:59Z

FORT WORTH — A man had walked his southeast Fort Worth neighborhood for years without any problems from dogs. Until Tuesday morning.

A pit bull terrier mauled the 61-year-old man in a vacant field as he strolled home from a neighborhood convenience store.

"He charged straight at me," the man said Wednesday afternoon from home, where he was nursing his injured hand and leg. "If there had been a rock or something, I could have done something."

But a 76-year-old man, whom police described as a good Samaritan, came to victim’s rescue. The man heard the attack and managed to pull the dog off victim’s left arm.

The injured was taken to John Peter Smith Hospital in Fort Worth with injuries to his left hand and right leg. He was released shortly after the incident.

]]> The good Samaritan, whom authorities did not identify, told police that he heard screams and thought someone was getting beaten up.

Animal-control officers captured the dog and quarantined it. The owner was issued several citations.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Fort Worth Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Texas Wrongful Death Suit Blames Sawmill's Safety Violations

2008-12-30T20:24:24Z

MARSHALL TEXAS- The family of a man killed while working at a Texas sawmill is suing the company for alleged safety violations.

According to the complaint filed Dec. 28 in the Marshall Division of the Eastern District of Texas, the man was employed at Southern Hardwood Co. on Jan. 20, 2007, when he died.
The man was making wooden boards for pallets using a board edger, when the Crosby board edger "shot back" a board into his chest.

The man was taken to a local hospital where he was pronounced dead and the cause of death determined to be from a blunt force trauma to the chest.

]]> According to the complaint, OSHA issued "serious" citations against Southern Hardwood for failing to ensure the edger displayed proper warnings and failing to ensure the equipment with worn kickback features was restored to good serviceable condition.

Other violations listed include failure to ensure the chop saw and the pulley on the log deck was guarded, failure to ensure the inclined belt on the chop saw was guarded, and failure to ensure various sprockets and drives were guarded.

The complaint continues detailing violations that include failure to have identifying information on electrical equipment, failing to ensure the electrical box was covered, failure to properly cover panel boards, using flexible cords instead of fixed wiring for equipment, failing to ensure electrical enclosures were suitable for interior locations, and failing to ensure electrical switches and breakers were in waterproof containers.

The plaintiff alleges that, "The poor maintenance and condition of the equipment, as reflected in the many violations, were a direct proximate cause of the death of the man."

Alleging gross negligence and seeking exemplary damages, the complaint argues the defendant failed to maintain its equipment and premises in a safe manner, failure to provide effective safeguards, failing to provide a safe workplace, failing to set appropriate safety guidelines to prevent accidents and for hiring, supervising, retaining, and training employees unable to create and maintain a safe working environment.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Texas Medical Board Update

2008-12-28T00:32:49Z

The Texas Medical Board (TMB) is charged with licensing physicians and enforcing the Texas Medical Practices Act. During the 2007 session and interim, TMB has been under intense legislative scrutiny for administrative, enforcement, and licensure issues. Last session, lawmakers increased the agency’s appropriation by $3.4 million — to $18.4 million for the biennium — so it can better manage the backlog of license applications. In exchange, the board was directed to cut the average processing time for a new license to 51 days. TMB reports it has met this goal and initiated an online application process to further speed up licensure.

]]> Medicine’s Agenda for 2009
Support establishing a new program to address the needs of illness-impaired physicians and other licensed health care providers that TMB oversees. The Texas Physician Health Program would be modeled on the longstanding and successful program for impaired attorneys sponsored by the State Bar of Texas.
Support legislation to require TMB and other licensing boards to abide by the decisions of the State Office of Administrative Hearings (SOAH) in disciplinary matters.
Support the involvement of TMB and other professional licensing agencies in cooperation with law enforcement to address illegal drug use and illegal use of prescriptions for narcotics and other controlled substances.
Oppose efforts that would require the licensure of pain clinics; this would be both inappropriate and ineffective.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Fort Worth Texas Medical License Defense Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Texas Medical Board Falling Behind On Complaints

2008-12-26T20:34:48Z

Medical malpractice reform enacted five years ago succeeded in cutting the number of lawsuits against doctors and increasing the number of physicians working in Texas.

But state medical board investigators say it also left them with an unbearable workload.

While the Texas Medical Board's staffing increased 28 percent from 112 employees in fiscal 2002 to 143 in fiscal 2008, physician and patient settlements through the board have increased 202 percent, according to the board's statistics.

In next year's legislative session, the TMB will be asking for 11 additional full-time workers to help with investigating and resolving complaints against doctors.

]]> Extremely important cases, in which a patient or doctor is in immediate danger, are placed on a Priority One track and are handled more quickly than in past years.

In 2003, Texas voters passed Proposition 12, which limited the amount patients could win in a medical malpractice lawsuit to $250,000. The law helped drive down malpractice insurance for doctors and made Texas a more enticing place to practice medicine.

Though the influx of doctors has helped the state's physician shortage, it has also kept medical board regulators busier.

The percentage of complaints involving quality-of-care issues is rising, too, and these take longer to investigate. This year, 73 percent of complaints involved quality-of-care issues, up from 64 percent in fiscal year 2002, according to state medical records.

Since its last meeting in October, the medical board has disciplined 59 doctors, including 13 for violations based on quality of care, two for unprofessional conduct, three for violating probation orders, four based on impairment from alcohol or drugs, two for nontherapeutic prescribing and one based on a criminal conviction.

Earlier this month, James Young-Jin Shin, a Fort Worth nephrologist, voluntarily surrendered his medical license after pleading guilty in July to possession of child pornography and being sentenced to 42 months in prison.

But the percentage of total complaints opened for investigation has increased from 33 percent in fiscal year 2002 to nearly 42 percent in fiscal year 2008. These are the ones that the agency determines, after a 30-day initial review, need additional investigation.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Dallas Texas Medical License Defense Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Contact the Dr. Shezad Malik Law Firm Today.
Doctor-Attorney Shezad Malik has the legal and medical experience and is dedicated to representing physicians, surgeons, nurses and other medical professionals who are in danger of losing their hospital staff privileges, medical licenses, and professional reputations.
Please call 817 255 4001 for a confidential consultation now.

Ambulance And Car Accident in Leonard, North of Dallas

2008-12-25T21:40:09Z

LEONARD TEXAS— An ambulance collided with a car at a rural North Texas intersection, killing all three people inside the sedan.

Police in Leonard say the ambulance driver failed to see the Chevrolet Malibu before turning onto U.S. Highway 69. The car slammed into the ambulance, sending both vehicles off the road and leaving the ambulance on its side in a ditch.

]]> A 59 year old woman, and her twin sons, both 29 were killed. The two paramedics in the ambulance were taken to a hospital and later released according to the local newspaper.
Bonham Fire Chief says it did not appear the family wore seat belts. The ambulance was headed back to its station at the time of the accident.

Leonard is about 50 miles north of Dallas.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Texas Nursing Jurisprudence Exam

2008-12-25T00:06:01Z

There are 50 items on the nursing jurisprudence examination (NJE). You must correctly answer 75% of the questions to pass the NJE. You will have two (2) hours to complete the NJE. Displayed in the upper right hand corner of the computer screen will be a digital clock and the question number so you can monitor your progress throughout the NJE.

You are permitted to access the Board of Nursing (BON) website and other resource material throughout the exam to locate the answers to questions. The NJE will run in another window, thereby leaving this window open to access reference materials on the BON website.

A Passing Result will be posted and recorded to the BON system when all 50 questions are answered and a minimum of 38 questions are answered correctly. A certificate will be available for printing at the end of the examination process. Once a passing result is recorded, Board Staff will be notified and the jurisprudence exam requirement will be updated as completed in your BON file. Keep the certificate for your records. Do not mail the certificate to the BON.

]]> A Failing Result will be posted and recorded to the BON system if 13 or more of the 50 questions are answered incorrectly, or the exam is not completed in the allotted amount of time, or the connection to the exam is closed, terminated or lost. You may NOT reconnect to the test to return to the last question answered. You may, however, retake the exam after 7 business days have elapsed.

Read each question carefully. There is only one correct answer for each question. You are not allowed to use the back-button to check/change a previously answered question.

Resource List: The resource lists provides topics, testing subject areas and BON Rules/Regulations, NPA sections or other locations where the topic is defined. This information may be printed and used during the testing process.

If you have been subjected to a Texas Board of Nursing Inquiry Letter or BON Disciplinary Process, then please contact the Fort Worth Texas Nurse License Defense Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Dallas To Start Towing More Uninsured Motorists

2008-12-23T21:28:42Z

DALLAS, TX.- The Dallas Police Department will begin enforcing the Uninsured Motorist Ordinance with the start of the new year.
Approved by the Dallas City Council on May 28, the new law says that drivers who are stopped for a traffic violation and cannot provide proof of the state-required auto insurance will have their vehicle towed at the owner’s expense.

Currently, uninsured drivers in Dallas are only towed in the event of a traffic accident. The new ordinance extends towing to any traffic violations.

]]> This new ordinance comes as a response to a large number of Dallas drivers traveling the roads without the proper insurance. The Dallas Police Department says that they issue approximately 75,000 citations every year to drivers who are uninsured.

According to the city, uninsured drivers put an unfair burden on those motorists who are properly insured.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Texas Medical Board Implements New Rules

2008-12-23T00:42:20Z

Rule Changes Adopted
The board adopted the following rule changes that were published in the Texas Register:

Chapter 163, Licensure, amendments to §163.5, Licensure Documentation.

Chapter 165, Medical Records, amendments to §165.1, Medical Records; §165.5, Transfer and Disposal of Medical Records.

Chapter 166, Physician Registration, amendments to§166.2, Continuing Medical Education; and §166.6, Exemption from Registration Fee for Retired Physician Providing Voluntary Charity Care.

]]> Chapter 169, Authority of Physicians to Supply Drugs, amendments to §169.7, Record Keeping.

Chapter 173, Physician Profiles, amendments to§173.1, Profile Contents.

Chapter 178 Complaints, Rule Review with amendments to §178.1, Purpose and Scope.

Chapter 179, Investigations, Rule Review with amendments to §179.1, Purpose and Scope; §179.4, Request for Information and Records from Physician; §179.6, Time Limits.

Chapter 180, Rule Review with amendments to §180.1, Rehabilitation Orders.

Chapter 182, Use of Experts, Rule Review with amendments to §182.1, Purpose; §18.5, Expert Panel; §18.8, Expert Physician Reviewers.

Chapter 187, Procedural Rules, §187.3, Computation of Time; §187.4, Agreement to be in Writing, §187.13, Informal Board Proceedings Relating to Licensure Eligibility; §187.14, Informal Resolution of Disciplinary Issues Against a Licensee; §187.18, Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearances; §187.24, Pleadings; §187.29, Mediated Settlement Conferences; §187.59, Evidence; §187.70, Purposes and Construction; §187.71, Hearing Before Panel of Board Representatives; §187.72, Decision of the Panel; §187.73, Termination of Suspension.

Chapter 190, Disciplinary Guidelines, Rule Review with amendments to §190.1, §190.14, Disciplinary Sanction Guidelines. Proposed §190.8, Violation Guidelines, was withheld for clarification and will be republished.

Chapter 192, Office Based Anesthesia, Rule Review with amendments to §192.2, Provision of Anesthesia Services in Outpatient Settings.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Fort Worth, Texas Medical License Defense Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Texas Medical Board Disciplines 59 Doctors and Issues 479 Physician Licenses

2008-12-22T00:31:58Z

Since its last board meeting, the Texas Medical Board took disciplinary action against 59 licensed physicians. The actions included 13 violations based on quality of care; two actions based on unprofessional conduct; three actions based on violations of probation or prior orders; three actions based on other states’ actions; six actions based on inadequate medical records; four actions based on impairment due to alcohol or drugs or mental/physical condition; two actions based on nontherapeutic prescribing; two actions based on failure to properly supervise or delegate; one action based on a criminal conviction; three voluntary surrenders; two violations of failure to obtain required continuing medical education; two administrative agreed orders; and 12 licensees agreed to enter into administrative orders with the board for minimal statutory violations.

]]> Since its last board meeting, the board has taken four temporary actions: two temporary suspensions and two temporary restrictions. In addition, the board issued one cease and desist order against an unlicensed individual.

At its December 11-12 meeting, the Texas Medical Board issued 479 physician licenses.

Texas Roadway Hazards From Trucks Leaving Gas Well Sites

2008-12-20T06:42:20Z

TEXAS-Johnson County officials are concerned about "mud" spills, the mess that some companies leave behind when waste is hauled away from drilling sites.

When trucks loaded with the mud used in the gas drilling process travel too fast along county roads, some of it spills out, and county officials are sometimes left to clean up the mess.

The Johnson County’s emergency management coordinator, said cleanup costs are mounting, and the problem is also plaguing other counties in the Barnett Shale.

The mud contains lubricants and toxic chemicals used to make the drill bit turn more easily. When mud spills onto roadways, it is like ice, sometimes leading to serious accidents.

]]> Two years ago, one man was killed in a motorcycle accident at a mud spill site in Alvarado, and other vehicles have been destroyed after slipping and sliding in the muck.

And the opportunity for additional accidents is increasing. Three years ago, trucks accounted for 30 percent of the traffic on Johnson County roads, while trucks now make up about 60 percent of the traffic, according Texas Department of Transportation reports. Most of the increase in truck traffic is associated with gas well drilling.

The county has spent around $50,000 to clean up spills over the past year. Part of the cost involves hiring environmental firms to haul away tainted dirt to landfills.

One spill, which happened when someone stole a trailer filled with diesel fuel from a drilling site, cost $35,000 to clean up.

Two weeks ago it cost $14,000 to clean up an incident involving a company that was hauling off hydraulic fluid used to lubricate rig engines.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Fort Worth Truck Accident Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

4 Die On Icy North Texas Roads

2008-12-19T06:28:45Z

DALLAS — Four people, including a 14-month-old toddler, died in accidents on icy roadways as a wintry storm moved through Texas over the past week.

Authorities blamed icy roads for all four traffic fatalities. In three of the four deadly accidents, Monday night and early Tuesday, the drivers of the vehicles were speeding on slick roads, officials said.

]]> A 20 year old man, of Fort Worth, was heading west on State Highway 121 in Haltom City when his sport utility vehicle hit a patch of unsanded ice and slammed into the guardrails around 1:30 a.m. Tuesday.

His vehicle rolled over and the man, who was partially ejected, died at the scene, said a Haltom City police spokesman. Alcohol was also thought to be a contributing factor in the man's death.

A 46 year old man of Cleburne, was killed about 5:19 a.m. Tuesday when the pickup truck in which he was a passenger lost control and rolled over several times. The man was ejected onto Interstate 35W in Alvarado, about 25 miles south of Fort Worth, police said.

In East Texas on Monday night, a 63 year old woman, of Karnack, was killed when an SUV in which she was riding rolled over on Interstate 20 in Van Zandt County, according to the Texas Department of Public Safety.

Also in East Texas, a 14-month old, died early Tuesday when the vehicle she was riding in ran off a bridge and into about 15 feet of water at Lake Fork in Wood County, the DPS said.

Officials said the parents escaped from the vehicle and were treated at a hospital in Quitman. Divers retrieved the toddler. Her body was sent to Dallas County Medical Examiners Office for an autopsy.

In Plano, from midnight until 3 p.m. Tuesday, 69 accidents were reported with 11 resulting in injuries.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Car Accident Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Heavy Truck Accidents Caused By Fatigue

2008-12-19T05:49:31Z

Driver fatigue is responsible for up to 40% of all accidents caused by semi-truck drivers. Data from the Deptartment of Transportation show that driver fatigue causes as many as 750 deaths and nearly 200,000 injuries on an annual basis.

Under the current rules, a driver must be allowed 10 hours off duty is he has been driving for more than 11 hours and/or has been "on duty" for up to 14 hours. In addition to this daily rule is a weekly rule that requires drivers to stop operating their truck if they have been "on-duty" for either 60 hours in a 7 day period or 70 hours in an 8 day period.

The Federal Motor Carrier Safety Administration has fought unsuccesfuly to tighten these rules and avoid the driver fatigue that has caused so many accidents and injured so many people.

]]> Even though the current rules limit the number of hours a truck driver can be behind the wheel, there are many drivers who falsify there logs to skirt the regulations. It is these drivers that end up injuring and/or killer innocent motorists on our nation's highways.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Truck Accident Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Family of Inmate Who Died Sues S.F. for $10 M

2008-12-18T05:36:51Z

The family of a man who died at a San Francisco jail has filed a $10 million federal civil rights lawsuit against the city, saying sheriff's officials ignored prisoners' pleas that he needed medical help in the hours before he died.

The 48 year old man, died in his cell, a day after he was booked on suspicion of possession of drugs for sale following his arrest.

Five inmates have alleged that jail staffers did not respond to prisoners' pleas for the man to be treated by a doctor after he complained of feeling ill.

The man's death was listed as accidental, the result of a heart attack caused by acute drug intoxication, the medical examiner's office said.

The wrongful-death suit filed on behalf of man's family Friday in U.S. District Court in San Francisco claims that jail staffers failed to recognize that the man was undergoing opiate withdrawal. He told staffers and other inmates that he "felt like he was dying," the suit said.

]]> When the inmate collapsed, a nurse asked a sheriff's deputy to help administer CPR, the suit said. The deputy "callously laughed and walked away," the suit said.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Fort Worth Texas Wrongful Death Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

Settlement: Victoria Texas Bus Crash

2008-12-16T22:54:26Z

A $10 million settlement has been reached involving personal injury claims filed over a Jan. 2 charter bus crash that killed one person and injured dozens more near Victoria, Texas.

The settlement which included the family of the man who died and 44 passengers was reached with the driver, owners and managers of the bus company.

A 55-year-old Houston man, died when the bus traveling from Monterrey, Mexico, to Houston veered off U.S. 59 near Victoria and flipped on its side. Dozens were injured. Forty-four of the passengers filed personal injury claims.

]]> The dead man's family received $4.3 million of the settlement and the 44 others shared in the remaining $5.7 million.

In the suit, Houston-based Capricorn Bus Lines, International Charter Services and Transportes Chavez are charged, in part, with failing to properly screen, test and qualify drivers — as well as with allowing drivers to operate a bus while fatigued.

Authorities said the driver, fell asleep and was driving with the wrong kind of commercial license, both misdemeanors. The driver had multiple driving while intoxicated convictions.

Family Sues Disney Over Defective Product Death

2008-12-16T03:36:26Z

The family of a child who died in a Winnie the Pooh bassinet has sued the Walt Disney Co., alleging the company allowed sales of the bassinets despite a flawed design that had been linked to another baby's death.

The bassinet had a drop-down side for easy access, but the design created a gap where babies could slide through and hang to death. The child was 6 months old when she was strangled.

Shortly after the child's death, the U.S. Consumer Product Safety Commission directed retailers to stop selling the bassinets, which were manufactured by Simplicity Inc. Disney's consumer products division licensed its Winnie the Pooh name and image to Simplicity.

The suit, filed in California state court in Los Angeles, raises questions about a common practice in the nursery products industry: Are companies that license their names and characters to other manufacturers responsible when those products turn out to be deadly?

]]> California courts have found that a licensor can be held liable for a defective product.

The functional and structural design as well as the manufacture and sale of Simplicity bassinets were solely the responsibility of Simplicity Inc., as was the need that its product be in compliance with legal and industry safety standards, according to Disney.

Simplicity collapsed earlier this year in the wake of major crib recalls and babies' deaths.

If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.