Kershaw Anderson, PLLC - Personal Injury Defense, Health Care Liability Kershaw Anderson, PLLC - Personal Injury Defense, Health Care Liability
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Medical malpractice defense can start by looking at claim

Texas doctors and other medical professionals have a lot to handle on the job. They literally have patients' lives in their hands, and they know that a mistake could have devastating results. Unfortunately, mistakes can happen, and even when they don't, patients could file medical malpractice claims if they feel they did not receive the proper standard of care.

Of course, medical professionals accused of malpractice have the right to defend against such claims. Often, a defense can start with determining whether a patient actually has a valid reason to file a claim. For instance, the patient filing the claim must have had a doctor-patient relationship with the person sued. If the alleged error or other mishap did not happen in the course of the patient's treatment, it is likely not a valid claim.

Texting isn't the only distraction drivers face

The roads across this country should remain as safe as possible, but this won't happen as long as there are people who aren't giving their full attention to driving. Texting is one of the biggest distractions that drivers will incur, but this is far from the only one that impacts their driving ability.

Drivers who are prone to distractions can cause wrecks that injure innocent people. The only way to avoid this is to prevent distracted driving. No driver should allow these points to claim their attention while they are operating their vehicles.

Amazon facing commercial litigation from independent contractors

Happy employees can often help companies perform better. Of course, not all employees are going to feel entirely pleased with their positions, and some who are displeased may not be employees at all. In some cases, independent contractors may feel that the companies for which they work have misclassified them, and commercial litigation could ensue.

Texas readers may be interested in a class-action lawsuit currently underway in another state. According to reports, over 8,000 Amazon Flex delivery drivers are involved in the suit against the online retail company. The drivers, who make deliveries for orders made to Amazon, are considered independent contractors, and as a result, they must provide their own vehicles as well as pay for gas, insurance and phone services necessary to perform their duties. They believe that they have been misclassified and do not receive the benefits of employees.

Commercial litigation pending as a result of withheld payment

It is not far-fetched to say that most Texas company owners want any projects they participate in to go smoothly. Unfortunately, any number of details could go wrong at any minute, and in some cases, the issue could pertain to receiving payment for their services. Though it may seem as if companies should obviously receive compensation for work they do, that payment does not always come, and commercial litigation may be necessary.

A construction company in another state is currently facing this type of predicament. Recent reports stated that the company was subcontracted to work on a penguin exhibit at a Ripley's Aquarium. Ripley's had hired a general contractor that subcontracted to the plaintiff to the project. The subcontractor claims that the general contractor has not provided a final payment for the project, which has led to a legal claim.

Trucker, company may need insurance defense after fatal crash

Accidents happen every day. In particular, accidents that happen on roadways are a regular occurrence, and often, someone ends up to blame for serious or fatal injuries. Of course, if a driver is considered to have caused such injuries, it may be wise to look into insurance defense options in the event that claims come against that person or even a company if a truck driver was involved.

It was recently reported that two consecutive crashes in Texas resulted in the deaths of two people. Apparently, the first crash occurred between a car and a motorcycle. The incident resulted in the motorcyclist being thrown from the motorcycle, and the driver of the car stopped his vehicle to check on the other man. While in the road, both the car driver and the motorcyclist were struck by an 18-wheeler.

Even doctors doing their best can face medical malpractice claims

Wanting to help people is a common reason individuals give for entering the medical field. Of course, being a Texas doctor is not an easy job, and even when trying to help, treatments and operations do not always go as planned. Though a doctor may not have intentionally harmed a patient, a medical malpractice claim could still result.

Unfortunately, malpractice claims are not uncommon in the medical field. Some issues that patients experience lead to legal claims more often than others. For instance, misdiagnosis or delayed diagnosis is the leading cause of malpractice claims. The wrong diagnosis or delayed diagnosis could result in unnecessary or missed treatment, which could allow a condition to worsen as it goes untreated.

Protecting your business against spurious injury claims

There are many potential threats to your successful business. You have to worry about whether a corporate competitor could open up around the block and drive you out of business by lowering their prices beyond what you can match. There is the potential for an employee to behave in such an egregious manner that it results in a lawsuit against your business.

Among the myriad potential problems you have to think of and deal with, injuries to your clients and customers is one that is far too easy to overlook. After all, you probably already have a premises liability insurance policy to protect you from financial liability if someone gets hurt at your business. While an insurance policy is a good first step, you should also take additional steps to protect the business you have worked so hard to build.

Litigation possible for real estate partnership dispute

Having a business partner can often prove useful to company owners. However, it is not uncommon for disputes to arise between partners. If those problems are serious, the parties could wind up in the courtroom handling litigation in efforts to come to a resolution to the issues that have come about.

Texas readers may be interested in such a dispute currently underway in another state. According to reports, the lawsuit involves two partners from a real estate development company. Apparently, one of the partners has accused the other of embezzling money from the company for personal use, such as to cover personal debt and pay for other business opportunities. It was noted that the partners' company defaulted on a mortgage loan related to a 6-acre parcel of land intended for development, and as a result, that property has been set for auction, which has been postponed twice as the company worked to pay back the lender.

How can I help a loved one who received a spinal cord injury?

A spinal cord injury (SCI) can be life-altering for the injured person, but it can also be hard on that person’s family and friends. If you have a loved one who was recently injured, you may need time to grieve the way things used to be. While grieving is natural, it is also important to support your loved one as he or she tries to find a way to move forward with life.

Although you may have helped support your loved one over the years, the way you help may change because of that person’s injury. It can be difficult at first to determine where your help is needed, especially when your loved one may not yet understand the help he or she wants.

Insurance defense may be needed after Texas crane accident

When an unexpected event results in a person or multiple people suffering injuries, investigations often look into who might be responsible for the event. It is not uncommon for parties considered responsible in an injury-causing incident to face insurance claims as those negatively affected search for compensation. However, individuals and companies have the right to create insurance defense presentations in such cases.

It was recently reported that an accident in Texas resulted in the death of one woman and injuries to five other people. Apparently, a crane from a nearby construction site crashed into an apartment building. The exact cause of the incident was not known at the time of the report, but it was suspected that 71 mph winds in the area may have contributed to the incident. However, construction cranes typically have the ability to withstand winds up to 120 mph.

  • Best D 2018
    • Super Lawyers 2018
    • Jeffery M Kershaw: D Magazine Best Lawyer in Dallas 2016-2018

    • Peter Anderson: D Magazine Best Lawyer in Dallas 2016-2018

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Kershaw Anderson, PLLC - Personal Injury Defense, Health Care Liability

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