Dallas Fort Worth Injury Lawyer Blog

January 18, 2009

Neurosurgeon Not Liable for Failed Back Surgery

On Dec. 12, 2008, a jury sided with a neurosurgeon accused of failing to perform the appropriate procedure on a patient with spinal injuries.

In May 2004, Dr. Walter Loyola performed a two-level fusion on Melinda Lynch’s neck. She had a second fusion in late July, but her problems persisted. She ultimately underwent a 360-degree fusion performed by another doctor three months later.

Lynch sued Loyola for malpractice, alleging the two-level fusions failed and that she wouldn’t have needed the third surgery if Loyola had initially performed a 360-degree fusion instead.

January 17, 2009

Dallas Mother, Children in Rear-Ender Car Accident Awarded $49,098 verdict

by Dr. Shezad Malik

On Dec. 4, 2008, a jury awarded $49,098 to a mother and two children injured in a rear-end collision in Dallas.

In 2004, Silvia Dominguez and her children Teresita and Erick Hernandez were passengers in a vehicle struck from behind by a van driven by Raul Romero and owned by Champ Transportation Services.

Dominguez sustained back injuries and underwent chiropractic treatment, a diskogram and disk resection at L4-5. However, she claimed her pain still persists and she may need a lumbar fusion in the future.

January 16, 2009

Motorcycle Crash Not Caused By Dogs

by Dr. Shezad Malik

On Nov. 25, 2008, a jury determined that dogs were not to blame for an accident that injured a motorcyclist.

In 2002, Ronald Ashley was riding his motorcycle in Midlothian when he claimed two dogs ran into his path and caused him to fall. He sustained five fractured ribs and a collapsed lung in the incident.

Seeking $50,000 in damages, Ashley sued the dogs’ owners, Cathy and C.L. Smith, alleging they violated the city’s leash law.

January 15, 2009

CDC and Peanut Butter Salmonella Link

by Dr. Shezad Malik

The Centers for Disease Control and Prevention confirmed a link between peanut butter and a salmonella outbreak that has sickened more than 400 people in 43 states.

January 14, 2009

California to Rescue Good Samaritans

by Dr. Shezad Malik

CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

January 13, 2009

Southlake TX Man Awarded $247,000 For Laptop Battery Fire

by Dr. Shezad Malik

On Dec. 4, 2008, a jury ordered a computer parts distributor to pay $247,000 in damages after one of its laptop batteries short-circuited, resulting in a house fire.

In 2006, Rodger Hill was using his Hewlett-Packard laptop computer, which contained a battery distributed by Kahlon Inc., at his home in Southlake when the battery short-circuited.

The computer caught fire and quickly spread to the rest of the house. Hill blamed Kahlon, alleging the battery was defective.

January 12, 2009

State of Neglect: Texas Law Lets Hospitals Hide Problems

by Dr. Shezad Malik

Hospital companies in Texas, many of which collect millions in state and federal funds, operate with minimal public disclosure of deficiencies. The state keeps information on complaints and inspections largely private because influential health care corporations want it that way, and Texas legislators have obliged.

As a result, it is next to impossible for the public to determine whether state enforcement works properly. Hospital lobbyists designed much of this system.

The Texas Department of State Health Services provides, on its Web site, a small amount of data on hospital fines. The department also furnishes limited and heavily redacted violation records to anyone who makes a formal open-records request, pays in advance and sometimes waits months for delivery.

January 10, 2009

Huntington Beach CA to pay $125,000 in Wrongful Death Lawsuit

by Dr. Shezad Malik

According to city officials the parents of a teenager who was killed in a confrontation with Huntington Beach police in 2006 will receive $125,000 from the city in a settlement of their wrongful-death lawsuit.

The victim aged 18, was shot by two Huntington Beach police officers after they responded to 911 reports of a woman holding a 4-inch knife walking near a park.

The parents filed a lawsuit accusing the two officers of excessive and unreasonable force. The suit sought at least $40 million in compensatory and punitive damages for each parent.

Investigations by the Orange County Sheriff’s Department and the district attorney’s office cleared the officers of wrongdoing, saying they were forced into a split-second decision to kill a woman they believed to be dangerous.

January 9, 2009

Tarrant County Texas Train Accidents

by Dr. Shezad Malik

Harris County is the most dangerous county in Texas for railway accidents, according to a recently released report.

There were 1,376 reported incidents including derailments, collisions, pedestrian trespassing and hazardous material releases from 1998 through 2007 in the county, according to the Texas Rail Relocation and Improvement Association. The accidents killed nearly 100 people and left more than 1,100 injured, the group said.

Nationally, Texas — with more railroads than any other state and more miles of track — ranks No. 1 for train-vehicle collisions and deaths at rail crossings, the group said.

There were 12,271 rail accidents in Texas from 1998 to 2007 — the most recent figures available — leading to 853 deaths and 7,203 injuries, according to the association.

January 9, 2009

Dallas VA Hospital Opens Remodeled Psychiatric Unit

by Dr. Shezad Malik

The Dallas VA medical center’s psychiatric wing, where two patients committed suicide last year, reopened fully after a nine-month closure.

The wing has been renovated, with new technologies to help safeguard patients and alert hospital personnel about potential problems.