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

Premises Liability

Premises liability cases are a special form of negligence cases. A subcatagory is the where the conduct of the owner manager did not  provide adequate security against criminal conduct . Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749, 753 (Tex.1998). “Premises liability is a special form of negligence where the duty owed to the plaintiff depends upon the status of the plaintiff at the time the incident occurred.” W. Inv., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex.2005). Different classes of persons are invitee, tenants and their guests, and licensees, everyone else except employees.
In order to recover from the owner or manager of an apartment complex it must be shown that the condition of the premises:
1. The condition created or tolerated posed an unreasonable risk of harm, and
2. They knew or reasonably should have known of the danger, and
3. They failed to exercise ordinary care to protect the tenant from the danger, by both failing to adequately warn of the condition and failing to make that condition reasonably safe.
4. The condition must be the direct cause of the injury.
5. The injury must have been foreseeable to the owner or manager to the complex.
If the injury is caused by criminal conduct, the question of forseeability is a much more difficult problem. It is enough to say that it is possible to hold the manager or owner liable under certain circumstances.

BED HANDLES

Public Citizen, a non-profit public interest organization, has filed a complaint with the Food and Drug administration requesting that the agency ban the marketing of bed handles by Bed Handles Inc. contending that their bed handles (aka bed rail devices) cause life threating injuries or death due to entrapment and strangulation or suffocation. These bed handles are for home use and should not be confused with the bed handles used in hospitals. These bed handles create a gap between the bed handles and the mattress. The patient can slip into this gap becoming trapped.

Public Citizen has requested that the FDA investigate if this problem occurs in bed handles manufactured by different firms. According to Public Citizen the FDA has reviewed 5 cases of entrapment since 1999 of people trapped by Bedside Assistant. 4 of those cases resulted in death and one case involved a life-threatening incident. Similar bed handles are made by other companies.

If you are aware of a person injured or killed by bed handles, you should notify the FDA and advise the injured person or the family members to contact their family lawyer. Prompt attention to investigation of such accidents is the key to success.

Ben A. Goff, Attorney

Mitchell, Goff & Mitchell LLP

(disclosure of interest. Ben A. Goff is an attorney representing parties involved in personal injury accidents including products liability cases)

WHAT TO DO IF YOUR EMPLOYER DOESN'T HAVE WORKERS COMPENSATION INSURANCE

Texas is an unusual state in that it does not require an employer to carry workers compensation insurance. The cases against such employers are know as "non-subscriber" cases.

If your employer has workers compensation coverage, then you should report the injury to The Texas Insurance Department, Workers Compensation Division, 1-800-252-7031. You probably do not need an attorney if your benefits are paid and medical attention is furnished. If you have a more serious claim, one involving permanent disability or scarring or if your claim has been refused, you probably need an attorney. Although we do not handle this type of case, we can refer you to an attorney that does. We do not charge any fee for this service.

Many employers have a small accident policy that pays medical bills and for some loss of income. This is not workers compensation insurance. In cases of serious injury or death, we will review this employee benefit plan to determine if you have other rights. There is no charge for this review. Call 214 651 8218 for an appointment.

If your injury is serious and there is no workers compensation insurance, you may have a "non-subscriber" case. These cases are very technical and usually require an attorney. This is what we do. Call 214 651 8218 for an appointment.

In Texas an employer is required to furnish you with a safe place to work. If you are seriously injured because your employer did not furnish you with a safe place to work or otherwise caused your injury and the injury was not the result of your sole negligence, he must pay for your medical treatment, damages for your lost wages, your pain and suffering, your permanent disability, and your future loss or wages. Please call 214 651 8218, we may be able to help.

Take a look at us and what we have been able to do for others. Visit our website, http://www.mitchellgoff.com/ Then call 214 651 8218 for an appointment.

This information is provided only to help and is not legal advice. Response is not a contract for us to represent you. We cannot take action for you if you do not sign a contract of representation.

Ben A. Goff, attorney

214 651 8218

Mitchell, Goff & Mitchell. L.L.P.

IMPOSSIBLE SMOKE ALARM CASE

As happens in most cases that come to our office, we were presented with a problem faced by our client. His family was shattered by a fire in their apartment that killed his wife and two of his children. There was no obvious cause for the fire and the owner of the apartment house was denying responsibility. Proper smoke alarms were not installed in the apartment. The case had been reviewed by two other law firms and declined as Texas has a statute that exempts a property owner from liability unless a written request is made for a smoke alarm. Carmen Mitchell of our firm determined that since the apartment was HUD housing that other laws applied and that although the property owner was freed from liability, the management company of the apartment was not. The case was tried to verdict for her clients and settled after verdict for a substantial amount of money.