The Difficulty of Proving Medical Malpractice in Texas
Medical malpractice suits are similar to other personal injury cases in that they involve a plaintiff (you) suing a defendant for some injury. In order for a malpractice case to be successful, the plaintiff must prove that the defendant had an intended legal duty of care which was violated and resulted in the plaintiff’s injury. Simply put, medical professionals have a responsibility for the safety and treatment of their patients. When they shirk this responsibility, either intentionally or through a careless mistake, they are liable for their patients’ injuries.
Many surgeons and anesthesiologists receive over 10 years of education and extremely rigorous certification in order to be qualified to safely operate on their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in-general demands that its medical professionals not only be knowledgeable when it comes to their ability to properly and correctly diagnose a patient, they must also sympathetically operate and then treat them without causing these vulnerable people any further injury or discomfort.
Like other tort cases, medical malpractice suits begin with discovery, which may include depositions, the gathering of documentation, and witness interviews. If the medical defendant and the surgically treated plaintiff cannot agree on a settlement during discovery, then the case will go to trial.
Medical malpractice cases frequently include expert witnesses due to the complexity of the material involved. They provide a point of view on the situation from the perspective of an expert in the field surrounding the injury.
Tort reform has made medical malpractice cases more difficult for victims to win. These new laws enforce strict conditions that must be met before a medical professional can be held liable for a victim’s injury. If your case is not presented in such a way that these conditions are met, you have as much chance of success as a snowball in a forest fire.
Without a team of legal experts, you will certainly, and quickly, find yourself overwhelmed.
No matter what the injury or illness, it’s bad enough to have to suffer through it under good circumstances. When you’re suffering even further because your medical professional has engaged in negligent malpractice, your physical and emotional pain is even harsher. We understand that you have a lot of questions as you try to find out if your doctor or medical professional has been negligent in your care. Some of your initial questions likely include:
Why did this happen and what negligence might have led to it?
Who is responsible for this shoddy surgical treatment?
Who’s going to pay for this horrible mistake?
How much, and how long will I have to endure this additional pain and suffering caused by someone else’s carelessness?
Can I be reimbursed for the time I’m losing at work because of this malpractice?
Does this medical professional also owe my family for their pain and hardship?
Did this surgeon or anesthesiologist kill my loved one?
Do I need an experienced medical malpractice lawyer to help me?
Is there anything I can do to make sure this tragedy won’t happen to someone else?
These questions and more are all very reasonable ones that you and anyone else who suspects medical malpractice always ask us. Many times the answers are very hard to come by unless you have the assistance of an experienced medical malpractice attorney.
This is why the veteran medical malpractice lawyers and the investigative team at our Texas Law Office can get to the bottom of things. We work closely with third-party medical experts to scrutinize your malpractice claim and aggressively pursue the forensic trail that clearly reveals every surgical professional who harmed you. With our assistance, you will find the answers to these questions, while we work diligently in order for you to receive the fairest compensation for your damages from your unwarranted malpractice injuries, pain, and suffering.
If you have been issued a summons then you are probably facing charges:
Well.. There is good news and bad news.
The Good News
The Bad News
1) We have loads of experience in beating tickets in the Traffic Violations Bureau.
2) We know the “system.”
3) We will show up multiple times to court, without your appearance being necessary – this will save you a day off from work.
4) We charge a flat fee which is extremely reasonable.
5) Waited until the last minute? No problem, just call us with the summons number and we can help.
1) No plea bargaining is allowed! – this means that most of the time, you will receive all points or no points!
2) Conviction rates are high – from what we have seen, the majority of defendants representing themselves convicted.
3) The ticketing officer can fail to appear up to three times before the charges are dismissed. You fail to show up once and your license may be suspended.
4) The TVB has been known to reschedule your trial with ABSOLUTELY NO NOTICE TO YOU! Meaning, you can wake up early, rush to court, take a day off of work, and show up to find out that the date has been changed.
Here is a list of the Traffic Violations Bureau Offices:
If you are issued a ticket for a non-criminal moving traffic violation in the five boroughs of New York City, Buffalo, Rochester or major portions of the towns of Babylon, Brookhaven, Huntington, Islip, Riverhead and Smithtown in Suffolk County, it will be handled by a New York State Department of Motor Vehicles (DMV) Traffic Violations Bureau (TVB). This allows courts in these areas to concentrate on criminal cases, including driving offenses, such as driving while intoxicated and driving while suspended or revoked (aggravated unlicensed operation). However, TVBs do not handle parking violations.
If you plead not guilty to a traffic ticket in one of these TVB areas, your case will be heard by a DMV Administrative Law Judge (ALJ), an experienced attorney with special training in the Vehicle and Traffic Law. An ALJ has the authority to decide whether or not you are guilty and to set a fine if you are found guilty. An ALJ also has the authority to revoke or suspend your driver’s license and/or auto registration when required by law or when the ALJ believes it is in the interest of traffic safety.
Just as in traffic courts in other areas of the state, you may present witnesses and evidence at a hearing before an ALJ and be represented by an attorney.
IF YOU ARE ISSUED A TICKET
Don’t delay! Follow the instructions on the ticket for the plea you wish to make, and act promptly.
If you don’t answer the ticket in the time allowed, your driver’s license will be suspended. Later, you could be found guilty of the charge because of your failure to respond (a default conviction). Your license would be suspended for not paying the fine and a judgment would be entered against you.
Driving with a suspended license is a crime. A felony conviction may result in fines of up to $5,000, jail, probation, or confiscation of your vehicle. As the number of suspensions, you have increased, the penalties also increase. A driver is suspended for each ticket not answered and each fine not paid.
To Plead Not Guilty – Read the “not guilty” instructions and check the “not guilty” box on the back of the ticket. Fill in the requested information, sign it, and, within 15 days of the recorded violation date, mail the ticket to the Albany address listed. DMV will send you a letter telling you when and where to go for your hearing. If you are hearing impaired and require an interpreter, include a request for one when you mail your not guilty plea. An interpreter will be assigned to your hearing at no charge to you.
ATTEND YOUR HEARING
Hearings are open to the public. You may go to any TVB office to watch hearings so you know what to expect at yours.
To Plead Guilty – Read the instructions and check the “guilty” box on the back of the ticket. Fill in the requested information, sign it, and, within 15 days, either mail it with your payment to the Albany address listed on the ticket or bring your payment to any TVB office. You may pay the fine and surcharge by Visa or Mastercard, or by a check or money order payable to the Commissioner of Motor Vehicles. Include the total fines and surcharges listed on the ticket for your violation(s).
You may not plead guilty by mail if the charge against you will result in license or registration suspension or revocation upon conviction (such as driving without insurance or a third speeding violation within 18 months). If you plead guilty to such a charge by mail, you will be notified that you must go to the TVB to answer the charge in person.
Your Address – If your mailing address is different from the address written on the front of the ticket, please write the correct mailing address in the space provided on the back of the ticket.
TO POSTPONE YOUR HEARING
You may request your traffic ticket hearing to be postponed and rescheduled to a different date. For the ticket’s first postponement, the appropriate TVB must receive your request by mail at least 10 days before the date of the scheduled hearing. You may also make your postponement request in person at that office or by telephone at least one day before your hearing date. If it would be a second or subsequent postponement for the same ticket, your request must be made in person at the appropriate TVB office at least one day before your hearing date. Your request for a second or subsequent postponement also must include a “good cause,” which is the reason you want the hearing rescheduled. Your “good cause” is subject to approval by a TVB Administrative Law Judge.
For a traffic ticket issued within New York City: Mail your request to the Albany, NY, address on your ticket – the office must receive your request at least ten days before the date of your scheduled hearing. You also may make your request in person at any TVB office in New York City, or telephone the TVB at (718)-488-5710, at least one day before the date of your scheduled hearing.
For a traffic ticket to be answered to a TVB outside New York City: Mail your request to the TVB office indicated on your ticket. The office must receive your request at least ten days before the scheduled hearing date. You also may make your request in person to that TVB office or by telephone at least one day before the date of your scheduled hearing
WHAT HAPPENS AT YOUR HEARING
You are considered innocent of the charge against you unless you are proven guilty at your hearing. You cannot be found guilty unless there is “clear and convincing evidence” that you committed the violation.
If you find it hard to understand English, you may bring someone to help you. Tell the ALJ, before the hearing starts, that someone who speaks your native language and English is there to interpret.
The ALJ will listen to sworn testimony from the police officer, who will explain why you were given the ticket. Then, you or your attorney may ask the officer questions. You also may bring witnesses to testify for you and written evidence. The judge may ask witnesses questions to better understand their testimony.
You do not have to testify but you may if you wish. You cannot be found guilty just because you do not testify.
When all on the evidence and testimony have been given, the ALJ will decide whether or not you are guilty. That decision will be based only on the evidence and testimony presented at the hearing and what the law states. If the ALJ decides the charge against you was not proven by clear and convincing evidence, you will be found not guilty. If the charge is proven and you are found guilty, the judge will set a fine. Your license or registration also may be suspended or revoked, depending on the violation and your overall driving record.
If you believe the ALJ’s decision was incorrect based on the facts and the law, you may file an appeal. Appeal forms are available at TVB offices. Read the instructions carefully. If you wish, your attorney may help you file the appeal. Remember to include a check or money order for the appeal fees listed on the form, payable to the Commissioner of Motor Vehicles. An appeal must be filed within 30 days of the decision, and the appeal form and fees must be sent to:
Appeals Processing Unit
P.O. Box 2935
Albany, N.Y. 12220-0935
PARKING AND PEDESTRIAN VIOLATIONS
The State Department of Motor Vehicles Traffic Violations Bureaus do not handle parking tickets or violations by pedestrians. These are usually handled by a local parking violations bureau or court.
LICENSE SUSPENSION AND REVOCATION
The most common reasons your license may be suspended or revoked due to motor vehicle violations follow. Remember, your license also will be suspended if you do not answer a ticket or pay a fine. An ALJ has the authority to suspend or revoke your license for violations other than those listed.
Speeding/Misdemeanors — If you commit three speeding and/or misdemeanor traffic violations within 18 months, your license will be revoked for at least six months.
New Driver Probation — You are on license probation for six months after you pass a road test. If you are found guilty of committing any two moving violations during your probation period, your license will be suspended for 60 days. It will also be suspended for 60 days if you are found guilty of committing a single, more serious violation during the probation period, including speeding, tailgating, unauthorized racing, or reckless driving.
Points — Most traffic violations carry violation points. The points will be added to your record using the date the violation occurred, not the date you are found guilty. If your violation points in any 18-month period add up to 11 or more, your license may be revoked or suspended following a hearing.
The ALJ usually holds the point of hearing immediately after you are found guilty of a violation that brings your total to 11 or more points in 18 months. On the following panel is a list of common violations and the number of points for each.
Taking a DMV-approved accident prevention course can reduce your point total by up to four points and reduce your auto liability and collision insurance premiums by 10% for three years. Ask for more information at any motor vehicle office.
Speeding (MPH over posted limit)
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
Over 40 11
Reckless driving 5
Failed to stop for school bus 5
Followed too closely (tailgating) 4
Inadequate brakes (private car) 4
Inadequate Brakes (employer’s vehicle) 2
Failed to yield right-of-way 3
Disobeying traffic control signal, STOP sign or YIELD sign 3
Railroad crossing violation 3
Improper passing, changing lane unsafely 3
Driving left of center, in wrong direction 3
Leaving scene of property damage incident 3
Child safety restraint violation 3
Any other moving violation 2
New York and New Jersey Speeding and Traffic Ticket Defense News
Statistics show that a motorcycle operator has less than two seconds on average to avoid a collision in a motorcycle accident. With odds that extreme, it’s no wonder that over 6,000 individuals are injured in motorcycle accidents each year in Texas. But what causes a motorcycle accident, anyway? Can most motorcycle accidents be prevented?
Collision is far and away from the highest contributor to motorcycle accidents in this country, with up to ¾ of all cases involving a motorcycle colliding with a passenger vehicle. However, the reasons for this can vary. The motorcyclist can commit an error in judgment, passing inappropriately or failing to brake. Inexperienced and untrained bikers are more likely to make poor decisions that lead to vehicle collisions. However, often the fault lies with negligent or inexperienced drivers of passenger vehicles who are not sure how to share the road with motorcyclists.
While we all wish we could drive on smooth, well-maintained roads, the reality is often anything but. Motorcyclists, who lack the protection of a passenger vehicle, are even more susceptible to variances in road texture, poor road design, and obstacles such as construction or potholes. Some roads are simply badly designed, and poor maintenance can lead to or exacerbate problems like uneven terrain, missing guardrails, or insufficient signage.
Weather can create adverse driving conditions for motorcyclists and contribute to or cause accidents. For example, rain or fog can dramatically reduce visibility and make for slick roads, while ice can lead to treacherous driving conditions that challenge even the most experienced driver.
Given the experience and confidence necessary to safely operate a motorcycle, education and training is the best way to prevent motorcycle accidents. An educated driver will have better judgment and can practice execution and technique to prevent errors like sliding out and failure to brake. In addition, driver education campaigns can make passenger vehicle drivers more aware of their surroundings and able to share the road safely with motorcyclists. Unfortunately, the reality is that motorcycles are a dangerous mode of transportation. Accidents can, and all to often, do.
If you’ve been injured in a motorcycle accident, don’t despair. Our Law Firm is on your side. Our Texas motorcycle crash attorneys represent personal injury victims and fight for each and every client, gaining the compensation they deserve and helping pay for things like future medical care and ongoing medical bills. Think you have a motorcycle accident lawsuit? Call today for a free, confidential consultation.
Motorcycle Accident Injury Lawyer Disclaimer: The motorcycle accident injury, motorcycle crash, motorcycle injury, motorcycle accident, or other legal or personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney-client relationship. Further communication with our personal injury attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.
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