Monthly Archives March 2012


How Can A Personal Injury Lawyer Help Maximize Your Compensation

If you’re injured on the job, in a car wreck or as the result of medical malpractice, you’ll want a very good personal injury attorney to represent you. Some people end up being offered a check by whatever entity or individual was responsible for their injuries and, unfortunately, they sometimes take it. It’s almost always a bad idea.

The Minimum Possible Amount

If you are offered one of these checks, consider how you got it. The attorneys for whatever company or person who injured you sat down and thought of the minimum possible amount they could pay to get rid of you. Then, they wrote up a check for that amount and came to you with it, probably offering their regrets along with the compensation. The problem with tis is that, if you take it, you’re probably letting them off the hook far too easily. What you need is your own attorney.

Understanding Personal Injury Attorneys

Your personal injury attorney understands how much accidents cost in real terms. He understands them in human terms. He understands that lost wages, lost opportunities, pain and suffering and other factors are all real things. He also understands how the law makes provisions for you to get compensated for these things. It’s not an automatic payout. Your attorney has to argue your case successfully to get you compensation. If you have a right to ask for compensation, however, your personal injury attorney will be sure that you exercise that right.

Your attorney also knows how much to ask for, which is very important. Asking for too much can ruin your case; asking for too little may end up cheating you. He will figure out a realistic amount for which to ask and they’ll have very good justifications for why you should receive that compensation, but the jury will ultimately decide if you should get that compensation.

A Settlement that works for you

If you are offered a settlement, your injury attorney will also know how much to ask for. He can keep the other side from wasting your time and trying to give you compensation as way to get you to back off of the lawsuit. If the offer a suitable amount, however, you may be able to avoid court fees and your attorney may encourage you to take it if it’s acceptable. The advantage with a good personal injury attorney is that he has the experience to really understand if it’s an acceptable amount or not.

Talk to an attorney if you believe that negligence has brought you to physical, emotional or financial harm. You can oftentimes consult with them for free and they’ll determine if they think you have a case or not. Personal injury attorneys can be exactly the people that you need to make sure that you don’t end up paying for injuries that were someone else’s fault, whether it was because of medical negligence, a bad or drunk driver or for any other reason. Their expertise can protect you from being put into financial ruin because someone failed to take the reasonable care that could be expected of any other person in their situation.

If you are a victim of an injury, call the Law Offices of Blaine A. (Bat) Tucker at 713-771-5453 for a FREE case review
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How Can A Personal Injury Lawyer Help With Medical Malpractice Cases

Sometimes, people hear medical malpractice and think that it’s about winning huge jury awards or settlements because a well-intentioned doctor made a simple mistake. If that’s what you think, you’re wrong. Medical malpractice claims sometimes range into the millions of dollars in awards and there is very good reason for that. Understand what the victims of medical malpractice go through and you’ll understand why those figures are so high.

Pain and Suffering

People like to speak frivolously about pain and suffering, likely because they’re talking about someone else’s. When you’ve been put through it because of medical negligence, you’ll understand why attorneys sometimes add so much to the awards they seek for it. Consider what happens to people sometimes as a result of medical malpractice:

  • Permanent disability
  • Permanent disfigurement/mutilation
  • Permanent loss of bodily abilities or functions
  • Brain damage
  • Unnecessary surgeries

If you’ve been a victim of medical negligence, you may have experienced some of this yourself. If you have, you should talk to a Personal Injury Attorney. No one should be made to suffer this way because of negligence.

Financial Damages

Here’s another category that people fail to understand. Sometimes, the media will report on the millions that someone gets because of a medical malpractice claim as if the jury were showering the claimant with riches; like the claimant won the lottery. Generally, these cases are very disturbing.

Some people are injured in a way that means that they can never work again. They may also be facing huge medical expenses because of the negligence. The very high figures you see in compensation are usually given for a reason. The jury usually sees how much the person is going to suffer, how none of it was their fault and ends up finding in their favor for tangible, empirical and very rational reasons. If you cannot work and you have to pay enormous medical bills for the rest of your life because a doctor let you down, you should not have to pay them yourself. You did nothing to deserve it.

Finding an Aggressive Personal Injury Lawyer

Medical malpractice claims hinge on a doctor breeching their duty to you as a patient. You’ll need an Injury Attorney who is passionate about arguing this area of the law and who is very good at it, of course. There are great attorneys out there and, with the right one, your chances of winning are vastly increased.

If you’re suing a doctor in Texas, you’ll want a very good attorney. The fact of the matter is that medical malpractice claims – and the patients who file them, unfortunately – have become political footballs. The odds are somewhat stacked against the claimant, so you’ll want a skilled and dedicated attorney. If you do have a good attorney, trust them to represent your rights. The attorneys who handle these cases aren’t intimidated by doctors, hospitals or insurance companies and you can be very sure that they will fight for your rights as much as is needed. There’s no guarantee you’ll win, but having a good attorney increases your chances greatly.

If you are a victim of medical malpractive, contact Blaine A. (Bat) Tucker, a Houston based Medical Malpractice Lawyer at 713-771-5453
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When You Have A Car Accident: Don’t Speak Too Soon

Did you know that human memory is not reliable at all? Most people feel that they can remember very minute details, particularly of major events, but this usually proves not to be the case when it’s put to the test. For people who have been in an accident, this can become a real problem.

Your Settlement Compensation is On The Line

If you’re involved in a car wreck, there are going to be all kinds of people who are going to want you to recall that wreck in the way most advantageous to them. The other driver will want you to forget their negligence and the part it played in your wreck. Your insurance company will want you to remember some minute detail that lets them off of the hook. The only person you can trust in these situations, as far as not trying to get you to say something against your own interests is concerned, is your own personal injury attorney.

How A Personal Injury Attorney Can Help

First, you can tell your attorney anything and they’re not going to show up in court and explain how it makes your claim invalid, even if you misspoke. Your attorney is there to represent your interests and your interests alone. This means that they’re not looking to harm your case when they ask you questions. Tell them anything; they’re there to help you.

Second, they have experts that they can contact and they tend to have a great deal of expertise on their own. This means that they’ve probably seen whatever type of accident you’ve been in before and they’re going to know how anyone responsible for paying you compensation is going to try to get out of it. This means that they’re wary for the same old schemes and that they can keep you safe from falling prey to them.

Third, they know the tricks that the defendants will try use on you. For instance, if you have a very strong case, there’s a good chance that the defendant’s counsel will recommend that they settle to avoid court costs. Sometimes, they’ll approach you directly with what seems like a generous offer and try to get you to go for it without going through your attorney. Don’t do this. If it’s a generous offer and it’s worth it, your attorney isn’t going to try to get you to go to court, instead, just for the sake of going to court. Always talk to your auto accident attorney.

Let your personal injury attorney do the talking for you. The last thing you want to do is be on your own when you should be paid compensation for someone else’s negligence. Your attorney will take care of all of the negotiating and other aspects involved with taking a legal action against someone and will see to it that you’re involved from the start. Like your doctor, however, your attorney has the advantage of being emotionally calm, which allows them to think clearly, intelligently and strategically in ways that put you at the advantage and that represent your interests.

If you have been involved in a car accident, contact the Law Offices of Blaine A. (Bat) Tucker, a Houston Personal Injury Lawyer for a FREE case review
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Texas Tax Relief Company Faces Accusations of Misleading Customers

One of the most heavily-advertised tax repair services in the nation, TaxMasters, has filed for Chapter 11 bankruptcy, according to Associated Press reports. The agency is also facing a trial after having being accused of misleading customers. According to KHOU-TV Houston, the agency is being sued because the advertisements claimed that people could call the agency to consult with a tax specialist but that those customers were, instead, routed to salespeople who had no particular tax expertise. This is not the first time that one of these businesses has landed itself in hot water over the claims it makes to customers.

Lawsuits and Charges

Another well-known tax expert, “Tax Lady” Roni Deutch, was sued in 2010. California’s then Attorney General filed the lawsuit, which claimed that her firm made claims that they couldn’t back up as far as getting settlements from the IRS was concerned. She has since filed for bankruptcy and given up her license to practice law, according to Forbes.

Another firm that ended up facing similar problem was JK Harris & Co.. Again, they were sued by customers who felt that they had been deceived by the claims of the company, as well as by the states in which they operated.

Expertise Is a Product

When someone makes a claim that they have some sort of expertise and charges you for that expertise, they do have some responsibilities. The people who sued JK Harris & Co., because the company was liquidated, are unlikely to get any money for their judgments. If someone does sell you their expertise, however, and it turns out that they have made deceptive claims, they are liable.

Understanding Defective Advertising

Whenever someone is marketing a product, they have a responsibility to make sure that the product’s marketing is accurate. This applies to expertise, as well. For example, if someone was marketing that they could get you relieved of any and all tax liability that you owe to the IRS-a patently false claim, since it’s a case-by-case situation-they would open themselves up to being sued for advertising in a defective way. Remember that the advertising you read does have to give an accurate picture of the product that it is describing.

Contacting a Lawyer

If you believe that you have been deceived by someone who offered you a professional service, you may want to consider contacting a product liability lawyer.

A product liability lawyer will want to meet with you to get an idea of the basic nature of your claim. There’s no guarantee that you have a lawsuit that’s worth pursuing and, of course, there’s no guarantee that filing a lawsuit will result in a win. What an attorney can do is give you an idea of whether or not it’s worth your while to pursue the lawsuit and, if so, how best to proceed with the matter. Some services out there do make efforts to deceive their customers, but this has to be established to a jury before you can receive compensation.

If you have any questions regarding a product liability issue, please contact Houston Product Liability Lawyer Blaine A. (Bat) Tucker at 713-771-5453 for a FREE case review
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Recent Product Recalls: Child Safety Seats – Tires – Food

Government agencies and manufacturers are supposed to work together to make sure that dangerous products are taken off of the market. This relationship sometimes works very well and sometimes does not, but there are usually at least some product recalls over the course of any given month. Here are some that have been announced recently.

Dorel Juvenile Group (DJG) Child Safety Seats

The Dorel Juvenile Group (DJG) is recalling a line of safety seats that were found to have a problem with their center front adjuster. This is referred to as the “CFA” in industry jargon. The restraint has a flaw that allows it to become loose, resulting in a situation where the child is not adequately protected in the event of a wreck.

The devices can be fixed and DJG will provide the materials required and the instructions. It is only a matter of lubrication to fix this issue. The recall affects 794,247 safety seats, according to a press release on the National Highway Traffic Association site.

Advance Extra Grip Tires by GTC

Advance Extra Grip Tires by GTC North America, Inc. have been recalled as of March 19, 2012. This will affect approximately 12,289 units. The tires are being recalled because they have a flaw that results in them blistering, bubbling and, in some cases, this may result in the radial belt being exposed and cause a blowout. Because of the danger to consumers, the tires are to be replaced. The tires will be replaced free of charge, including mounting and balancing. If you have these tires, you can contact GTC at 1-330-498-5000 for more information. This is according to a press release that you can find on the NHTSA site, here.

Troyer Cheese – Backroad County Caramel Puffcorn

The FDA announces that Troyer Cheese, Inc. is recalling its Backroad County Caramel Puffcorn in the 8 and 16oz sizes. This recall is due to the presence of milk that wasn’t declared on the packaging. Dairy products can cause severe, possibly deadly, allergic reactions in some people, leading to this recall. These products were sold in Texas and were distributed between January 6, 2012 and March 12, 2012. Distribution was handled through both stores and mail order outlets.

The affected products include:

Backroad Country Caramel Puffcorn, 8 oz. bag, UPC 0 49646 90176 0, Sell By Date/Lot Code:

  • 03/07/12 C1P16
  • 03/21/12 B2Y16
  • 05/16/12 B1X16
  • 05/30/12 B1X16
  • 06/13/12 A3K16

Backroad Country Caramel Puffcorn, 16 oz. bag, UPC 0 49646 90157 6, Sell By Date/Lot Code:

  • 03/07/12 C1P16
  • 03/21/12 B2Y16
    05/16/12 B1X16
  • 05/30/12 B1X16
  • 06/13/12 A2R16 or A3K16

Contact a Personal Injury Lawyer

If you’ve been injured financially or physically because of a recalled product, be sure to contact a product liability lawyer. They may be able to help you to file a lawsuit against the manufacturer that could win you compensation for your pain and suffering, your medical expenses, lost wages and a host of other financial hardships that can occur because of defective products.

We make every effort to ensure the veracity of the information provided above. We cannot, however, be held accountable for the veracity of information on other websites or that is provided by third parties, including government agencies. Please check at for any additional information, and the most current information, about recalls.

If you’ve been injured by any product that was defective, please call Houston Personal Injury Lawyer, Blaine A. (Bat) Tucker at 713-771-5453 for a FREE Consultation

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Dietary Supplements, Herbal Remedies and Defective Products

If you’re a health nut, you’ve probably been exposed to plenty of literature and advertisements for products that make claims that haven’t been approved by the FDA. These include:

  • Herbal supplements
  • Dietary supplements
  • “Natural” treatments

These products line the shelves of health food stores, holistic medicine provider shops and other establishments. They’re very popular. One of the dangers of these products is that their claims have not been established as being true or false, however. There are standards to which they do have to adhere, but there is a definitive element of caveat emptor to consider when buying these supplements and other supplies. If you believe that one has caused you harm, you should definitely speak with a defective products attorney.

It’s Not Medicine

One of the things that you should understand before you start buying these products is what a double-blind study is. These are the types of studies that are usually conducted to get reliable data on the efficacy-and safety-of pharmaceutical products. Many of the supplements on the market have never been subjected to these types of studies. While the marketing for these products will sometimes claim that the scientific establishment doesn’t want you to know about the wonderful power of these pills, the manufacturers clearly do not want their claims scientifically tested, either.

Herbal and Dietery Supplements Do Get Recalled

The FDA does make recalls of these products from time to time. Some recent recalls include:

Healthy People Co. Dietary Supplements, manufactured by Healthy People Co. This was recalled in February of 2012 because the supplement had undeclared drug ingredients in it.

RegenArouse by Regeneca, Inc. was recalled in February of 2012 because the intimacy enhancement capsules were an unapproved new drug.

These supplements, of course, make claims that have not been approved by the FDA, but the FDA does have the authority to take them off of the market when they make specific claims or when they contain elements that run afoul of regulations.

When Defective Herbal and Dietery Supplements Harm People

A defective products attorney may be able to help you if you were injured by one of these products. The fact that they tend to qualify their claims by saying that they have not been evaluated by the FDA doesn’t provide the companies that manufacture these products with a shield against liability. Understanding how product liability law works should give you some insight into this.

Products can be held to be defective in their design, manufacture or advertising. No matter which way one of these products turns out to be defective, if it harms you, you should contact a personal injury attorney to see about whether or not seeking compensation via a lawsuit would be a viable option for you. If it is, the personal injury lawyer may want to represent you and go after the company in court. Any product that is on the market needs to be safe. Whether its claims are inflated or not, the product should not cause the consumers who utilize it to come to harm or to experience undisclosed side effects.

Call the Houston Law Offices of Blaine A. (Bat) Tucker at 713-771-5453 for a FREE case review.
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The Mesothelioma Trust Fund for Asbestos – Related Illnesses

Mesothelioma is an illness that arises from exposure to asbestos. In the United States, the Mesothelioma Trust Fund is set up to provide workers who have suffered injuries related to exposure to asbestos with a way to get compensation. This compensation can help them pay their medical bills, to deal with no longer being able to work and for the other expenses that this disease causes.

Mesothelioma Injuries Are Still Common

Asbestos is so universally known to be dangerous that it’s hard to believe that it’s still in use in some applications. This material, under a microscope, is made up of small fibers that, unfortunately, manage to hook into the lungs very easily. This is where the problems begin for exposed individuals.

Asbestos is responsible for 10,000 deaths every year, according to the Environmental Working Group Action Fund. It is widely considered to constitute one of the worst industrial accidents in world history and causes one out of every 125 deaths among American men over the age of 50. There is no blanket ban on the use of asbestos, despite this fact, and many workers are still at risk.

There have been lawsuits against asbestos makers that go back to the 1920s. The fact that asbestos is a dangerous substance is not new information. The substance is regulated under the Toxic Substances Control Act and the Clean Air Act of 1970. It is still used in automotive parts, however, and in some building applications, though there are some large-scale bans on its usage.

When You Might Have Been Exposed To Asbestos

The fact that asbestos is so dangerous is actually rather unfortunate. It’s an excellent material for heat protection, is highly resistant to fire and, for those and other reasons, it was used in myriad applications in industry and construction.

If you were involved in trades, particularly as a boiler tech, a pipefitter, a construction crew member and some other trades, you may be at risk for having been exposed to this substance. Mesothelioma is the lung cancer most associated with exposure to this substance, but there are others, as well. This has resulted in the most expensive tort in the history of the United States. There have been over 700,000 people who have filed claims and there have been over 8,000 companies that have been sued over their workers coming down with asbestos-related illnesses.

There is an extensive industry that does nothing but remove and clean up asbestos from old buildings. This substance was in heavy use from the late 1800s until the 1970s, so you may have been exposed if you worked in a building that dated from that era.

If you are experiencing Mesothelioma or other lung cancers that may have resulted from exposure to this dangerous substance, be sure to contact a personal injury attorney. Whether your exposure was in Texas or not, a personal injury attorney in Houston can represent you and help you to seek compensation for your injuries, financial damages and your pain and suffering as a result of your exposure.

Contact Texas Personal Injury Lawyer, Blaine A. (Bat) Tucker at 713-771-5453 for a FREE case Review

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Product Recall: Women’s Shoes Spark Recall

If you have a particular type of Naturalizer women’s shoe, you may need to bring it back as part of a recall. At the end of 2011, a recall was announced due to a faulty heel on the shoes in question. That faulty heel design created a risk of falls and injuries and the company that produced them, Brown Shoe Company, has issued a recall.

Defective Products

One of the ways that a product can be defective is in its design. Another is in its manufacture. In the case of the Naturalizer shoes, the design or the manufacture may have been to blame but, either way, the shoes do present a very real hazard of tripping and falling. Sometimes, a slip and fall accident can be very dangerous, causing significant injuries and ending up putting the victim out of work or causing them very significant medical expenses.

The Defective Shoes in Question

The shoes in question will have one of the following numbers printed on the inside of the shoe:

  • A3279S2001
  • A3279S1600
  • A3273S1250
  • A3279S1020

The shoes were available in nude, scarlet, grey and black. These shoes were decorated with a leather bow that spans the front of the show and have a three-inch heel. The shoes will also have the word “Naturalizer” on them. This will appear either inside the shoe or on the bottom of the shoe. If you have one of these shoes, do not wear them. You should take them back to the place where you purchased them, where you will be given a refund.

Understanding Personal Injury and Product Liability Law

Personal injury law and product liability law quite often intersect. Personal injury law allows people to seek compensation for injuries-both financial and physical-that they suffer due to the negligence of a company or another person. Product liability law requires that companies put out products that are:

  • Designed safely
  • Manufactured safely
  • Advertised accurately

Any product that does not meet those criteria may be deemed defective. If it is defective and someone is hurt because of those defects, there is sometimes good cause to file a lawsuit against the manufacturer. You should inquire with a personal injury attorney if you feel that a defective product has caused you injury, whether that injury was financial or you actually suffered an injury to your body that resulted in pain and suffering, lost wages or other hardships.

Remember that manufacturers are responsible for their products but that, quite often, it’s easiest to get your refund by just brining the product back to where you bought it. They will generally take it back, issue you a check or cash and send you on your way. Any time that you find out that a product was found to be defective, stop using it immediately. You may have noticed nothing wrong with the product in your own experience, but these problems sometimes do take time to manifest, particularly if there are defects in design or manufacture that only become known after the product has been used for a while.

If you have any questions about how to deal with injuries related to defective products, contact the Law Offices of Blaine A. (Bat) Tucker at 713-771-5453.

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Tanning Bed Regulations Debated

Tanning beds have remained popular, despite the controversy they tend to cause with healthcare professionals. The controversies center on the fact that they expose people to forms of light that can cause cancer and, because of that, physicians oftentimes call to have them regulated more strictly. That may become a reality, as the FDA is currently weighting whether or not tanning beds should be subject to stricter regulations.

According to reports, the tanning industry takes in nearly $5 billion every year. These devices have become popular with young people who want to look like they spend hours each day at the beach. Getting a “fake bake” is also popular with people before special events. The safety issues with tanning beds have been longstanding concerns and, in some states, those concerns have led to stricter regulations on the devices.

Understanding Dangerous Products

One of the hallmarks of the stricter regulations that some states have pushed for is a parental consent requirement before people under 18 years of age are allowed to use these devices. This is because some people hold that tanning beds pose threats to people’s health of which they’re not aware. In fact, other proposed regulations include adding very obvious warning labels to the devices. When products are dangerous to consumers, sometimes the best solution is to simply make sure that consumers can make informed choices about whether or not they really want to take the risks associated with the devices.

Understanding Consent and Dangers to Consumers

If you go to the doctor and are prescribed certain medications, the doctor will have to go over the risks associated with those drugs in great detail so that you’re properly informed. If the doctor does not inform you of the potential side effects, they may be vulnerable to being sued. The pharmaceutical company may also be vulnerable to being sued if they failed to disclose the potential side effects of their products to consumers. Examples of this happening include the lawsuits over Vioxx, Accutane, Paxil and other drugs that were found to have potentially deadly side effects that consumers were not always informed of.

Contacting a Personal Injury Lawyer

While people debate whether or not consumers need to be made aware of the dangers of tanning beds, there are plenty of other products out there that pose real dangers to the people that use them. If you believe that you’ve been put in a situation where you were at undue risk because of using a product that was more dangerous than you were led to believe, you may want to consider contacting a personal injury lawyer or product liability attorney.

The US has a free market, but that doesn’t mean that manufacturers are not responsible for the damage that their products cause. If you’ve been injured physically or financially by a product that you had every cause to believe was safe, be sure that you don’t go without talking to an injury attorney. They may be able to help you by preparing a lawsuit against the manufacturer that could win you compensation for your injuries.

If you believe you have been a victim of injury caused by tanning beds, contact Blaine A. (Bat) Tucker at 713-771-5453 for a free case review.

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Texas Medical Malpractice Reforms May Have Done Nothing

Political rhetoric surrounding healthcare costs has oftentimes cast medical malpractice lawyers as the real reasons that costs remain high. According to the Associated Press and several other sources, however, Governor Rick Perry’s medical malpractice reforms may have done nothing to bring more doctors to the state, to improve access to care or to provide any of the other benefits the Governor has claimed.

Underserved and Rural

In Texas’s rural areas, there are still pockets where physician availability is abysmal. Some rural counties have no doctors who can perform emergency care, deliver babies or perform other necessary services. While the Governor has claimed that his tort reform resulted in many more doctors coming to the state, numbers reported by the American Association for Justice show that the number of physicians in the state was increasing prior to 2003 already and that the rate of increase did not go up following the tort reform.

The increase in doctor numbers, according to the Associated Press, was most noticeable in the cities, where there were already plenty of providers available. The growth in doctors was also tied directly to the growth in population on the whole.

The Tort Reform

The tort reform itself limited the non-economic damages that can be sought from individual physicians to $250,000. This is the same damage cap that some national politicians have been advocating be implemented on a federal level. Lawyers and patient advocates point to the fact that there is little evidence that demonstrates that the cost of healthcare is increasing because of malpractice lawsuits and the fact that the patients who are affected by malpractice sometimes sue for very convincing reasons.

Understanding Medical Malpractice

A doctor or healthcare provider that takes on a person as a patient also takes on certain responsibilities to that patient when they do so. When these duties are breached, the consequences for the patients can be devastating. They sometimes include:

  • The loss of the ability to work
    The loss of mobility
    Conditions that worsen because of not having been detected
    Expensive medical bills
    Complications with other conditions

With no way to even cover the costs that resulted from the malpractice they suffered, some individuals seek out compensation by filing a lawsuit. This is sometimes the best way for patients to go and, with a good medical malpractice lawyer, there’s a chance that they can get enough money to cover the costs of losing work, medical care and more.

Efforts to reform medical malpractice law have oftentimes concentrated on how malpractice insurance and lawsuits scare doctors away from opening new practices. There is a good chance that any doctor, particularly one in a high-risk field, will be hit with a medical malpractice lawsuit at some point during their career. The relationship between this and physician availability and healthcare costs, however, is not as clear as politicians say and, most of the time, the so-called reforms only end up injuring patients and failing to deliver on providing more options, as many reports have now demonstrated.

If you believe you are a victim of medical malpractice, contact Blaine A. (Bat) Tucker at 713-771-5453 for a free case review
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