Archive for January, 2008

Wreck shuts down northbound I-35W in Fort Worth

Tuesday, January 29th, 2008

Motorists traveling Interstate 35W in south Fort Worth this afternoon should expect big delays after a wreck forced the closure of the highway’s northbound lanes, police said. Fort Worth police officials are reporting that the northbound lanes of the highway at Alta Mesa Boulevard are closed due to a jack-knifed tractor trailer that is leaking fuel. Dispatcher said the wreck, reported about 2:30 p.m., involved three vehicles. MedStar was on the scene but no one had been transported to the hospital as of 3:30 p.m., officials said.

Head-on crash in Roanoke kills 3 people

Tuesday, January 29th, 2008


Tragic car wreck on Sunday in Roanoke left three dead, including a toddler. Apparently a driver tried to pass in a no-passing zone and hit another car head-on. Sad stuff.

FWST story here.

Fiery truck wreck shuts down I-30

Sunday, January 20th, 2008

Big flaming truck wreck on I-30 in east <a href=”http://dallas.texlawyers.com”>Dallas</a> early Sunday morning (as in 4:45 am; imagine what kind of traffic jam that would have caused on a weekday). Sounds like some idiot in an SUV went the wrong way on the freeway and hit the truck. I’m sorry for the trucker and glad he got away with just bumps and bruises, but imagine if he had been in a passenger car.

Oklahoma Throws Out Med Mal "Tort Reform"

Monday, January 14th, 2008

My hat is off to the good judges on the Oklahoma Court of Civil Appeals.

OKLAHOMA CITY — For at least the second time in slightly more than a year, a state appeals court has told lawsuit reform proponents that they got it wrong. The Oklahoma Court of Civil Appeals has struck down a lawsuit reform statute, saying it treats medical malpractice plaintiffs differently from others who file lawsuits. The decision comes in the wake of a 2006 Oklahoma Supreme Court ruling that tossed another measure. The justices said it put medical negligence cases in a separate class from all other negligence claims and created a monetary barrier to the courts by requiring an expert witness to attest to a case’s merits. The most recent decision comes just weeks before lawmakers return to the Capitol, where a renewed battle over lawsuit reform is expected. Last year, Gov. Brad Henry vetoed a controversial lawsuit reform measure, Senate Bill 507, saying several provisions were unconstitutional, unduly restricted access to the courts, and didn’t do enough to curb frivolous lawsuits.

The Court of Civil Appeals decision issued Thursday said Lisa K. Jones could pursue her case in Oklahoma County for the alleged wrongful death of her husband, Michael W. Jones, who died after surgery at an Oklahoma City hospital. The trial court had tossed Jones’ case after she failed to inform defendants of the suit within 180 days. The appeals court said a tort reform package passed in 2003 that required such notification treated medical malpractice plaintiffs differently. The opinion said other plaintiffs had the ability to show the court why notification was not made within 180 days but that medical negligence plaintiffs had no such opportunity. The law “holds medical negligence plaintiffs to different and stricter standards than any other plaintiffs,” the opinion states.

Should I sue my doctor?

Thursday, January 10th, 2008

Here’s an interesting article from CNN series “Empowered Patient.”

Since “tort reform” passed in 2003, it’s made it extremely difficult for many injured patients to find competent lawyers to file medical malpractice suits. I’ve lost count of how many injured folks we’ve had to turn away because the expenses of bringing a malpractice suit far outweigh the potential recovery because of damage caps. This article offers some suggestions on steps an aggrieved patient might take with the doctor and/or hospital to make things somewhat right.

I would add to those suggestions that patients can contact the Texas Medical Board and file a complaint against a physician. The Board, at least ostensibly, is supposed to investigate and reprimand negligent physicians.

Driver charged in Arkansas bus crash that killed 4

Friday, January 4th, 2008

LITTLE ROCK, Ark. — The driver of a passenger bus that crashed in east Arkansas, killing four, faces four counts of felony negligent homicide after he tested positive for amphetamines, a prosecutor said.
Witness statements portrayed the driver as acting and driving erratically on the rain-slicked portion of Interstate 40 near Forrest City. The bus crossed the interstate median, colliding with a pickup truck and a tractor trailer. Three people on the bus, as well as the driver of the pickup, died from their injuries. More than 20 others suffered injuries.
Story here.

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