Greek President Charged with Sexual Assualt

According to the friday Dallas Morning News the president of the Sigma Phi Epsilon campus chapter was charged with sexual assualt of a male. This is the 10th sexual assualt on the SMU campus since 2009. He has been released on $25,000 bond. The secret rituals of Sigma Phi Epsilon are prublished on Wikileeks. A google search of greek fraturaties and sexual assualts will lead to an assortment of problems the Greeks are having around the nation.

PREMISES LIABILITY CLAIMS THAT ARE NOW MEDICAL CLAIMS

Recent developments have greatly expanded the scope of the Health Care Liability Act to include claims that have been considered as premises liability claims in the past.

            Claims by employees of a hospital who was not a subscriber (did not carry workers compensation insurance) are Healthcare Liability Claims. 
Tex. W. Oaks Hosp., LP v. Williams, Texas Supreme court, 2011), although the employee was not a patient at the hospital. The Texas Medical Care Liability Act requires that the plaintiff fie a supporting medical report supporting the claim and such a report was not filed, therefore the plaintiff takes nothing. 

          A patient gets bitten by a spider in the hospital, now a HCLC.Omaha Healthcare Center, LLC v. Johnson, Texas Supreme Court, 2011. 

          Slip and fall claims in a hospital, now a HCLC claim. Harris Methodist Fort Worth v Olie, Texas Supreme Court, 2011.
          For a more complete discussion of reports in HCLC claims and the contents of these reports is found in onecle,  TEX.CIV. PRAC.AND REM.CODE § 74.351 The claims included in the scope of the HCLC are broader than just hospitals and include any claims under the health care liability act. The HCLA also caps the damages that can be recovered. 

Parkland fined 1 million dollars.

The state of Texas has fined Parkland Memorial $1 million for patient-safety failures. The fine covers a period from January 2011 and May 2012. It has been reported that this is the largest hospital fine in Texas history. The fine covered a failed knee replacement that resulted in the amputation of Jessie Mae’s leg and the death of George Cornell. There is a question of whether the person who signed the agreement for Parkland had authority to do so according to DallasNews.com. The complete agreement can be found at  http://www.scribd.com/doc/104551028/DSHS-Parkland-Agreement.

Thanks to our Republican Texas Tort Reform Act Parkland may not have had any liability to the injured parties. It is difficult, if not impossible, to sue a governmental unit even for the most egregious acts of negligence. Of course, if any of the individuals involved think they may have a case, they should have it reviewed by an experience malpractice attorney. This should be done  two years from the date of injury if possible. These statements should not to be considered as legal advice or to create any contract of representation between any person and the writer.

Woman found dead in Oak Cliff

Cicely Bolden, 28, was found dead in her apartment in the 5900 block of Highland Village Drive on Thrusday, September 6. She was found by her children. Police are investigating the death that occurred in southeast Oak Cliff. No arrests have been made.

ApartmentComplexAttorney

Woman arrested for abuse of elderly person

On Friday, August 31, 2012 Arlington police arrested 43-year-old Maria Acosta Friday and charged her with assault against an elderly individual. She is being held at Arlington City Jail on a $10,000 bond. Arlington police are investigating allegations of elderly abuse at the Heritage Oaks Nursing Home.. Mynez Carter, 83, has Alzheimer’s disease and is being cared for at Heritage Oaks. Her family became concerned when she became fearful around relatives and had unexplained bruises. Carter’s two daughters placed a hidden camera in the room and were shocked by what it captured.

The video, which was released to Fox 4, shows workers pinching Carter and being forceful with her.

“My heart started racing and I was horrified,” Carter’s daughter Freddie Johnson told Fox.

Carter’s two daughters brought the video to nursing home administrator Jerry Warren, who disagreed with their interpretation of the treatment but did open an internal investigation into the matter. Dallas Morning News.

Ben A. Goff, elderattroney