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San Antonio Personal Injury Law Blog

FDA investigates risks of robotic surgeries

Hospitals may be pushing for patients to consider robotic surgeries, but this does not necessarily mean these surgeries are any safer for patients than more traditional forms of surgery. In fact, there could be unknown risks involved. This is why the Federal Drug and Safety Administration is currently looking into robotic surgeries and trying to figure out why there has been an increase in adverse events reported.

The da Vinci is a multi-armed, million dollar robot that performed roughly 400,000 surgeries in the United States last year. The system works by a surgeon operating the robot with hand controls in front of a computer several feet away from where the patient is. The robot has three or four arms. A camera is attached to one of the arms and surgery tools are in the other arms.

Hospitals need to take steps to stop bacteria spread

When Texas patients are in the hospital they understandably expect a reasonable level of care. This means doctors and medical staff need to do all that is possible to not only cure what ails them, but also to take certain measures to ensure they do not end up worse than when they arrived at the hospital.

Of course some things are out of a doctor's control. However, taking steps to prevent infections and the spread of bacteria resistant to antibiotics is crucial.

Do chronic marijuana users have high accident risks?

With more states legalizing marijuana, one has to wonder just how safe this is in terms of driving. For example, even if a person is not high when driving, is their risk of getting into an accident higher? What are the effects of driving even if a person has not used marijuana in several weeks?

At this point, there is still not enough known about the effects of driving while being a chronic user. However, a recent study did find that cannabis can be detected in a person's blood stream for weeks after using. In fact, for chronic users, the active ingredient in marijuana, THC, continues to be in their system for weeks -- even when they are not using the drug anymore.

Houston suburb starts charging fees to those who cause accidents

Missouri City, Texas, which is a suburb of Houston, is taking a new approach to cover the city's budget deficit: charging fees to those who cause motor vehicle accidents in the city. It is estimated this will lead to the city receiving an extra $50,000 a year.

The idea behind the "crash tax" is to use the money to pay those first responders who arrive at the scene of an auto accident in order to provide needed medical attention to those injured.

Plant explosion turns deadly for Texas technician

Certain jobs in Texas are known for being more dangerous than others. In looking at what makes the news, it should come as no surprise to many that jobs in the industrial and construction industries see more injuries than others. However, regardless of the industry -- whether it is working on an oil field or teaching in a classroom -- those who are hurt on the job deserve to be compensated for their injuries.

Take for example the recent news of a technician who was killed, and another worker who was injured, after there was an explosion at a gas cylinder filling plant in La Porte, Texas.

Should Texas implement a statewide texting while driving ban?

In San Antonio, Texas, there is already a citywide texting while driving ban. In fact, San Antonio is one of the 25 cities in Texas that has implemented such a ban. Looking ahead to this legislative session, it turns out lawmakers in Texas will once again try and push for a statewide ban. However, this has some wondering if the ban increases or decreases the number of accidents caused by cellphone-distracted drivers.

The Highway Loss Data Institute conducted a study several years ago that looked at the crash rates of four states before and after a texting while driving ban was put in place. From there it was found that the crash rate stayed the same in one state and actually increased in three states. In these four states, crashes among teens -- who are the drivers more likely to text and drive -- also increased.

Dog bite injuries should always be taken seriously

Dog bite injuries can leave both physical and emotional scars. Especially for children, who make up the majority of dog bite victims, the attack can literally impact them for the rest of their lives. Whether it is a persistent fear of dogs, or facial scars, the damages from a dog bite can last a lifetime.

According to the Centers for Disease Control and Prevention, millions of people every year end up getting bitten by a dog. This can result in traumatic injuries to the face, infection -- and in some extreme cases -- even death. In fact, the CDC estimates that there are 15 deaths per year related to dog bite injuries.

Dram shop liability case: Bar over-served

A Texas jury has returned a $2.7 million verdict for a woman who was seriously injured in a head-on collision that occurred on Interstate 35. The collision occurred in January when a drunk driver drove the wrong way down the freeway.

The woman suffered multiple fractures and had to undergo amputation of her right leg. She brought a lawsuit against the operators of a bar and grill that served alcohol to the intoxicated driver and alleged violation of Texas' dram shop law. The drunk driver had a blood alcohol of .34-four times the legal limit for driving.

Although the bar owners denied the man had been drinking in their business establishment, they were unable to explain their destroying a crucial item of evidence-the bar's videotape recording. The jury was instructed that it could presume this missing evidence was detrimental to the bar owners' position in the case.

Will Texas ban texting while driving this year?

Last week, six separate bills were filed in an effort to get the discussion going on a statewide texting while driving ban. Again.

Last year, the Texas legislature passed a ban, but it was vetoed by Governor Rick Perry because he believed it to be "a government effort to micromanage the behavior of adults." Instead, he called for increased public education about texting while driving.

Unfortunately, even though there has been an effort to get out the word, attitudes toward texting while driving can be compared to those toward drunk driving. Even though most of the population knows that texting while driving is dangerous and hopes that others choose not to text and drive, they don't hold themselves to the same standards. In fact, a study conducted by the AAA Foundation for Traffic Safety found that, while 95 percent of drivers believe distracted driving is dangerous, 35 percent admit to texting while driving in the last month.

A fatality a day on Texas roads

There has been a fatal car accident every day for the last 12 years in Texas. That's at least 41,252 traffic deaths and counting since November 7, 2000. This year alone has seen more than 2,545 deaths.

The statistics are frightening, but what is more devastating is that almost all of these deaths could have been prevented.

According to the Texas Department of Transportation, drunk driving is the leading cause of fatal accidents, with distracted driving (including texting while driving) coming in a close second.

Unfortunately, it seems little has been done to curb these behaviors, some of which are becoming more and more common. For example, even though the Texas Legislature attempted to pass a texting while driving ban in 2011, Governor Rick Perry vetoed it. Unlike Texas, thirty-nine other states have passed distracted driving bans.

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  • Richard Tinsman & Daniel J.T. Sciano. Board Certified | Texas Board of Legal Specialization
  • American Association for Justice | formerly the Association of Trial Lawyers of America (ATLA) | Member 2013
  • AV | Lexis Nexis | Martindale-Hubbell | Peer Review Rated for Ethical Standards in Legal Ability
  • Daniel J.T. Sciano, 2003-2012 and Stephen Lazor, 2010, 2011, and 2012. Super Lawyers