Unfortunately, there are no guarantees when choosing any nursing home facility — even the very best rated facility can be found to engage in abuse or neglect.  Nonetheless, there is consumer information available to allow individuals and their family members to evaluate and compare nursing homes so that an informed decision can be made.

The Texas Department of Aging and Disability Services is a good place to look when considering a nursing home.  This site allows you to locate and compare nursing homes in a given area.  The information provided is based upon past inspections of the facilities.  Each facility receives an over all score of 0 to 100, with 100 being the highest possible score.  The inspection information for the facility can be reviewed in order to gather information on past violations and how the facility compares to the national and state averages on particular points, such as the average amount of skilled nursing care received by each resident per day.  The site is not the easiest to maneuver.  In order to conduct a search, click on the “Find and Compare Longterm Care Providers” link to the left of the homepage screen and then select the type of facility that you are interested in, such as “All Free-standing Nursing Homes.”  On the next page, select whether you want to search by county, city, zip code, etc. and put in your search parameters.  I suggest that you start with county searches, as these searches will allow you to compare a greater number of facilities per page in a given area.  When reviewing a nursing home’s investigation summary, be sure to click on the “Supplemental Page” and “Nursing Home Compare” links at the bottom of the nursing home’s investigation page.

Of course, gathering this information should just be the beginning of your investigation of a particular nursing home and determining whether the facility is the best place for your loved one.  You should definitely visit the facility and ask questions about how the facility is suited to meet your loved one’s particular needs.  Make certain that you also visit more than one facility so that you will have a better basis for comparing them.

 After you have selected a nursing home for your loved one and your loved one is living at the facility, be certain to visit often.  The single best way to prevent abuse and neglect is to visit often and make certain that the nursing home staff knows that you are checking in on your loved one regularly.  Talk with your loved one about the care that he or she is receiving and investigate further if your loved one gives unclear or evasive answers.  In the case of nursing home abuse, patients are frequently afraid to disclose what is happening to them.  Also, be sure to physically examine your loved one regularly.  Bed sores are a tremendous problem in nursing homes and can be deadly.  I’ve seen many cases in which the family didn’t realize that their loved one was developing a bed sore because they did not see the bed sore on their loved one’s legs or torso, which were typically covered by blankets during the family members’ visits.

 News Cast on ERISA Subrogation Victim

Auto Insurance Companies are in business to make money and, as a result, their objective is to pay injury victims as little as possible for their injuries.  Unfortunately, most Insurance Companies will not reimburse an injured person for medical expenses until the injured person has fully completed all of his or her medical treatment and has agreed upon a settlement amount to cover ALL of the injured person’s losses due to the injury (such as lost wages, medical expenses, and any future lost wages).  This approach creates a tremendous problem for people who do not have Health Insurance.  Often the individual cannot afford the necessary health care.  The Insurance Companies see this as a great windfall for them, because if the injury victim cannot afford to get the necessary health care, then the Insurance Company does not have to repay the injury victim for those medical expenses!  It is a terrible scam that Insurance Companies use to take advantage of innocent victims, but unfortunately in Texas it is legal.

After an auto accident, treatment of your injuries should be your number one priority.  If you have Health Insurance, by all means use it!  If you do not have Health Insurance, there are other options that you can explore.  First, you should check to determine whether you have Personal Injury Protection (PIP) under your own Automobile Insurance.  This type of coverage is intended to be more accessable and can be used to cover the costs of your medical care.  Some health care providers will bill directly against your Personal Injury Protection policy, although it is advisable to speak with an attorney before giving your medical providers your PIP policy information.  PIP policies typically provide between $2,500 and $10,000 in coverage (with $2,500 being the most common), which frequently is not enough in the event of a serious injury.  If you do not have Health Insurance or Personal Injury Protection, it is advisable to contact an attorney to discuss other possible options.  Some health care providers will accept a Letter of Protection from your attorney, which essentially is a promise to the health care provider that you will pay the health care provider for your medical expenses when your injury case is resolved.

If you are injured in an accident and you use your Health Insurance to cover your medical expenses, you can expect your Health Insurance Company to later contact you by mail, asking if your medical treatments are the result of an injury.  This is the first step that Health Insurance Companies take toward asserting their right to subrogation. (Subrogation is an issue that is discussed further in other posts.)  If you receive a letter from your Health Insurance Company asking if you have been injured in a car accident or other type of accident, contact your attorney for advice before making any response.  Do not perceive this as a reason to avoid using your Health Insurance to cover the expense of your medical treatments . . . as I said before, your medical care is priority one after a car wreck or any other type of accident and using your Health Insurance is the best way to make certain that your medical treatment is not delayed. 

Unfortunately, the facts of this case were not unusual.  The plaintiff, Jason Dennis, had been denied a loan.  After pulling his credit report, he discovered that Experian had erroneously reported a court judgment against him.  Mr. Dennis contacted Experian in effort to correct the erroneous report, but Experian refused to make the correction. 

A Boston-based consumer advocacy group known as U.S. PIRG conducted a survey in 2004 which found that almost one-third of all credit reports contain errors which are serious enough to result in the denial of employment, insurance or credit. 

Basically, a dog owner can be liable for injuries and damages caused by his or her dog if:

1)  It is established that he or she owned or had possession of the dog.  This can go beyond our typical understanding of ownership — it can include such things as keeping an animal (such as taking in a stray dog) or simply allowing the dog to be kept at a home or other property that the individual owns.  This means that under certain circumstances a landlord can even be held liable for the actions of a tenant’s dog.

2)  The dog had vicious or aggressive tendencies that were not generally normal for dogs. 

3)  The owner either knew or should have known that the dog was dangerous.  This is most commonly show by demonstrating that the owner was aware that the dog had bitten someone before.  If the dog has never shown dangerous tedencies before, then the owner will most likely not be liable for an injury caused by the first attack the dog has ever made. — Nonetheless, keep in mind that there is a huge difference between being liable and being sued!  The owner may very well be sued for the dog’s attack.  The fact that the dog had never shown vicious tendancies before the attack will then be used as a defense by the dog owner and, if proven, may be accepted by the jury as sufficient to find that the dog owner is not liabile for the dog’s actions.

4)  The dog’s dangerous tendencies caused the injured individual’s damages.  This simply means that the injured individual has to show that the bite actually caused the injuries that he or she is complaining of, such as scarring. 

These same basic rules also apply to other domestic  animals, such as cats, horses, or birds (you’d be surprised what a parrot bite can do!).  There is a much more severe standard that applies to owning a wild animal, like a raccoon or wolf.

Anyone who owns a dog or other domestic animal should take their responsibilities as a pet owner very seriously.  Make sure that your pets are securely maintained by keeping your home and fences secure and in good condition.  Good training is also extremely important, whether you go through a formal training class or simply do at home instruction.  Your dog needs to be properly socialized and trained to help ensure that the dog will be safe to expose to other people — especially children. 

Thanks to public outcry from Texas citizens and pressure from Texas Watch activists,  Insurance Commissioner Mike Geeslin recently rejected Allstate’s proposed 5.9% rate increase.  The commissioner also ordered the company to submit any further rate changes to the Texas Department of Insurance before they could take effect.  This is good news for Texans . . . but I’m sure the battle isn’t over.  It doesn’t take a crystal ball to see a 4.9% proposed rate increase in Allstate’s near future.  Help keep the pressure on by contacting Mike Geeslin and letting him know where you stand on this issue.  The above link makes contacting Insurance Commissioner Mike Geeslin quick and easy, giving you a voice on this issue while taking only a few seconds of your time!

At last count, Texas had over 600,000 registered watercraft that are used on the largest volume of inland water anywhere in the United States. With all of these boats on all of these lakes and rivers (not to mention the Gulf), accidents are not uncommon. Boating accidents can involve collisions between boats and between boats and personal watercraft, collisions between boats and obstructions such as rocks and tree trunks, and boats that capsize and trap people underneath. However, the most common type of boating‑related injury occurs when people fall off of a boat. The injuries caused by boating accidents are as serious as any that occur on land, and they include everything from broken bones and knee injuries all the way up to serious brain injuries and drowning.

According to the Texas Parks and Wildlife Department, Texas averages about 150 serious injuries and about 50 deaths every year in boating accidents.  The typical boating death involves:

1. an open motorboat;
2. people boating between noon and 7 p.m. on a weekend;
3. the victim falling overboard; and
4. an operator between 26 and 50 years of age.

Many boating accidents also involve the overuse of alcohol—statistics show that alcohol is a factor in about half of all boating accidents, and that the use of alcohol while boating more than doubles the risk of having an accident.

The number one thing you can do to protect yourself when boating is to wear a life jacket. Like wearing your seatbelt, the use of a life jacket takes little time or effort but significantly increases your chances of surviving an accident, especially if you fall into the water. In fact, over 85% of the victims of boating accidents who drown are not wearing a life jacket at the time. Be sure to wear your life jacket even if you are a good swimmer, because even a good swimmer can get tired, suffer from a cramp, or be caught in an unexpectedly strong current. Look for one that is approved by the Coast Guard, and do not rely on water wings, inner tubes, or other inflatable toys. The life jacket you choose should have the appropriate rating for a person of your size. A life jacket that is too small will not support you and one that is too big may slip off unexpectedly. Carry a few extras, in case someone falls in while not wearing one or in case you come upon someone from another boat who does not have one on.  Remember: The law requires that all children younger than 13 years old wear a life jacket at all times when the boat that they are on is moving. Also, riders of all ages must wear a life jacket while riding a Personal Water Craft (PWC or jet ski). Make sure that children have life jackets sized for their smaller bodies. It is also a good idea to carry other kinds of gear that will allow you to help someone who has fallen into the water, such as spare ropes and a first‑aid kit.

The other major thing you can do to prevent boating accidents is to control the use of alcohol. Many people who would never drink and drive think nothing of having a few drinks and then taking their boat out for a spin. The fact is that boating while intoxicated (BWI) is a crime just like driving while intoxicated, and the same blood‑alcohol level of 0.08 means that you will be presumed to be an impaired boater. If you are caught BWI, you can be arrested, jailed, and even lose your driver’s license.

If you are involved in a boating accident, it is a good idea to report it to the Texas Parks and Wildlife Department or (if the accident occurs in coastal waters) to the Coast Guard. If you have been injured in a boating accident through the negligence or carelessness of another, you might be entitled to be compensated for your injuries. The facts of each case will differ, and you will need to speak with an experienced lawyer to determine what your rights are.

BOATING SAFETY CHECKLIST

• Make certain you know how to safely operate the watercraft you are piloting. Consider taking a boating safety class.
• Make sure that your watercraft is well cared for and in good mechanical shape before taking it out on the water.
• Always wear a life jacket, and remember that children under the age of 13 are required to wear a Coast Guard‑approved life jacket while underway.
• Carry extra flotation devices in case you need to perform a water rescue.
• Follow the same rules that you would while driving your car: Operate the watercraft at a safe speed, do not overload it, and do not use alcohol. Boating while intoxicated is a crime that is treated in much the same way as driving while intoxicated, and it carries similar penalties.
• Keep a sharp lookout for submerged objects, other boaters, and, especially, personal watercraft such as jet skis.

Three years ago, Texas Lawmakers enacted new medical malpractice laws which establish a zero accountability standard for doctors. Given that patients now have virtually no right to protection from careless and negligent doctors, the Texas lawmakers have also abolished the Office of Patient Protection, which formerly served as an ombudsman for patients harmed by medical malpractice.

The radical “tort reforms” of 2003 have resulted in making Texas the nations dumping ground for bad doctors.