There have been several San Antonio nursing home personal injuries which merit comment. The executrix of the estate of a San Antonio nursing home resident sued 2 doctors and the nursing home for medical malpractice. The alleged victim was a 72 year old woman who developed a staph infection and sepsis after her back surgery.…
Continue reading ›In proving malpractice, a San Antonio Texas personal injury lawyer must be extremely careful in choosing his expert witnesses. Many a Texas pharmaceutical injury case or malpractice case has been dismissed for inadequate expert witnesses. One potential downfall is that a defendant physician must have his principles tested according to the basic teachings of the…
Continue reading ›In the late 1990s, the Texas Supreme Court indicated that the substance of an expert’s testimony must be considered, specifically the data the expert relies on to form his/her opinion. If the foundational data upon which the expert bases his opinion is unreliable, then the expert’s opinion will be considered unreliable. Very often, in Texas…
Continue reading ›Many plaintiffs now ask what can be recovered in a Texas wrongful death medical malpractice case . Under Texas Civil Practice and Remedies Code (TX CPRC ) Section 74.301, there is a cap of $250,000 on “non-economic” damages. Non-economic damages compensate an injured plaintiff for physical pain and suffering, mental or emotional pain, loss of…
Continue reading ›There are certain non-economic damage elements that a San Antonio Texas personal injury lawyer can obtain for you in varied cases including wrongful death, medical malpractice, and Texas trucking accidents. For seriously injured Texas citizens, they may be able to recover damages for pain and suffering in San Antonio Texas auto accident lawsuits . In…
Continue reading ›Texas Civil Practice and Remedies Code (CPRC) 82.008 creates a rebuttable presumption of no liability in certain Texas product liability personal injury cases. However, section 82.008(d) makes exceptions for certain manufacturing flaws o defects from the rebuttable presumption. If the seller has properly demonstrated the presumption, then it is up to the Texas personal injury…
Continue reading ›In a Texas pharmaceutical injury or medical device lawsuit, where the lawsuit centers on a failure to warn, TX Civil Practice and Remedies Code (CPRC) creates a presumption of no liability if the warnings associated with the product were not approved by the Food and Drug Administration (FDA) . There are several ways a Texas…
Continue reading ›In San Antonio and greater Texas, under the Texas Business and Commerce Code, the courts will not enforce a contract for the sale of real estate unless such an agreement is in writing and signed by the parties to the agreement or their agents. Tex. Bus.& Com. Code § 26.01. Such a requirement is an…
Continue reading ›In our last blog entry on Texas police chase personal injury accidents , we focused on some of the factors that would point to a finding of negligence on the part of police officers who did not abandon the chase of a suspect in consideration of public safety. There have been several cases throughout the…
Continue reading ›Imagine you are driving on a nice sunny day in the heart of Texas, and your vehicle is suddenly impacted from the side by another vehicle moving at an extremely high rate of speed. After the initial shock wears off and you initially deal with the inevitable injuries of such a terrible accident, you come…
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