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Dallas Legal Issues Blog

More than one party may be liable in your medical negligence case

One can only imagine the dismay associated with entrusting oneself to the professional medical care of others and winding up in a worse, instead of better, condition afterward. If you recently underwent surgery or received some other type of medical treatment and suffered illness or injury because someone didn't do his or her job right, you likely understand how frustrating such issues can be. It is true there's always risk for human error when one person (or group) is providing medical care to another.

However, as a medical patient, you have the right to reasonably assume that those tending to your needs will act in accordance with the highest level of accepted safety standards. Substandard care can have devastating, even fatal, repercussions. Where medical negligence is concerned, there may be more than one person liable for your injuries, although identifying possible sources can be quite challenging.

What are the rights of individuals living in nursing homes?

When you put a loved one in a nursing home, it is with the expectation that he or she will receive care that meets a certain standard. Quality care and medical assistance are just some of the reasons that people turn to these facilities to care for their loved ones. When a nursing home does not meet the obligations they have to its patients, family members have the right to hold liable parties accountable. 

If you have a family member who lives in a Texas nursing home, he or she has certain rights, no matter the medical conditions at hand. When a nursing home patient experiences a violation of his or her rights, it can result in physical and emotional harm, yet these individuals do not have to suffer in silence. If you believe your family member experienced mistreatment in a nursing home, you may speak out on his or her behalf.

Protect your loved one from the pitfalls of elder financial fraud

Texas readers with elderly family members may have significant concerns about the well-being and safety of their loved ones. In addition to the many physical issues that elderly individuals may face, it is also quite likely that they will be subject to attempted fraud at some point. A startling number of older Americans are victims of various types of elder fraud every year.

If you believe that your loved one is a victim of this type of reprehensible activity, you do not have to suffer in silence. With legal guidance, appropriate estate planning tools and financial protections in place, you can fight back against fraud and protect your family members from continued issues in the future.

Medication errors abound in nursing homes

The number of elderly people in the United States has grown exponentially in recent years. This has caused an increase in the number of people living in nursing homes. Many of them require medications in order to control both acute and chronic ailments.

The problem is that the number of medication errors in nursing homes is far higher than anyone would like. It's possible that your loved one will be a victim of this type of error.

When truck drivers fall asleep at the wheel

The trucking industry is highly regulated. Why? It helps keeps truck drivers, their employers and the general public protected. If you or a loved one were involved in an accident with a commercial vehicle in Texas, you have every right to question if regulation violations were behind the incident.

The Federal Motor Carrier Safety Administration requires that truck drivers receive medical clearance before they can hit the road. One common medical condition suffered by numerous drivers is sleep apnea. This disorder can make it very difficult to function when awake and can even result in truck drivers falling asleep when behind the wheel. Obviously, this presents a significant safety concern.

Do questions arise when you visit your elderly parent?

If you're like many adult children in Texas, you may have thoroughly researched various assisted living facilities before choosing a new full-time residence for your aging mother or father. Such situations are intensely personal, and highly emotional as well when your parent is no longer able to live independently, and the need arises for you to entrust his or her care to nursing home officials and other care professionals. Of course, you assume that all caregivers will have your parent's best interests at heart.

Sadly, many nursing homes appear to be top notch facilities on the surface, while serious problems regarding abuse and neglect exist behind the scenes. If you know the signs of neglect ahead of time, you may be able to help your parent avoid trauma.

Protecting your loved ones through guardianships

Your Texas family may find that it is necessary to establish certain protections for the benefit of a loved one. Guardianship is a tool that you may be able to use to care for a loved one and ensure the full protection of his or her best interests. You cannot simply decide to be the guardian of a loved one or make verbal agreements, but you could take legal steps to have the necessary protections in place.

Guardianships are for individuals who are unable to care for themselves. Whether your loved one has a mental condition or is physically unable to care for themselves, it may be useful to explore what your family needs to do to ensure protection, quality care and security. 

Who or what is liable for your Texas car accident?

Even a minor car accident can leave you with seriously painful and lingering injuries. The aftermath of this type of situation is complicated as you deal with insurance, medical treatment and getting your vehicle repaired or replaced. This is all particularly frustrating if your Texas car accident was not your fault.

No one should have to suffer because of the reckless or negligent actions of another person. If you were hurt in an accident, and you do not think you are to blame, it is possible that you have grounds to move forward with a civil claim against the liable party. This sounds simple, but determining fault after an accident can be quite complex.

Advice for aging Dallas drivers

Your elderly parent is likely proud of the fact that he or she still has a driver's license. Dad feels more independent knowing that he can drive himself to the store whenever he needs. Mom is hesitant to relinquish the choice to be able to visit a friend whenever she feels like it without needing to ask for a ride. Driving helps older adults feel more autonomous. As an added bonus, your elderly parent having a driver's license probably means more freedom for you as well.

However, as age increases, so does the risk of injury or even death in an automobile crash. With over 40 million drivers on the road over the age of 65 - an increase of 50 percent since 1999 -- this can be a worrying fact for adult children with aging parents.

How estate planning now may prevent problems later

Procrastination is common, and, for the most part, harmless. When it comes to preparing for your elderly loved one's future, however, procrastination can prove to be a bit more of a concern. Despite the host of reasons why early estate planning is advisable, your elderly loved one may be hesitant to begin the estate planning process because:

  • Thinking about mortality and mental incapacity is unpleasant
  • He or she believes there will always be time to do it later
  • He or she doesn't want to give up autonomy by sharing personal information with someone else
  • He or she is unsure how to divide the estate and doesn't wish to cause hurt feelings or disagreement
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Law Offices of Brian H. Fant, P.C.
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