Posts by Clydas

Buying A Possibly Mold-Infested House

Posted By on Oct 18, 2016

It is important to recognize potential mold issues before buying a house. When house-hunting, make it your responsibility as well to check for presence of molds and potential mold infestation, but the seller also has the responsibility of disclosing information mold problems and to discuss an agreement around the mold problems that is discovered during the flow of the sale. There are many ways that you can detect molds in your potential house.

Aside from doing your own inspection of the house, you can ask for a home inspector to do it for you and give you their professional assessment of the possible danger and risks of mold growth inside the house. They can include their assessment in the inspection report and cite anything that can lead to mold growth. According to the Hach & Rose, LLP personal injury lawyer team, states require sellers and agents/appraisers to disclose information regarding possible presence of molds in the house, as well as circumstances tor situations that can lead to mold growth, otherwise they might be held responsible for withholding information that can endanger you and your family’s health.

If the homeowner or the seller/agent did not disclose any information of a mold infestation in the house that eventually lead to health complications to the new residents who brought the house, the owner or seller can be held liable for negligence and failure to disclose information. It can be difficult to point out who can be held legally responsible for the damage the mold infestation has caused, therefore finding a personal injury attorney should be top priority. They know how the process works and can advice you the best option whether to sue or settle with those responsible. Furthermore, personal injury lawyers understand the state laws can know how each factor in the case can affect the outcome, making a strong case against the owner/seller and ensuring that all damages can be properly compensated.

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One U.S. once praised the great American worker for his or her continuous endeavor in making the U.S. a strong and prosperous nation; a fitting acknowledgement to workers’ untiring contribution to the continuously growing industry, which is the manufacturing business.

The Bureau of Labor Statistics, an arm of the U.S. Department of Labor, said that, in 2010, almost 12 million individuals were employed in manufacturing firms all across America; their number still continue to rise every year.

As manufacturing firms continue to grow and increase, however, the number of injuries and deaths of workers likewise increase. A manufacturing business, as defined by the Bureau of Labor Statistics, is work involved in the transformation of components, substances or materials into new products. The equipment and tools, the materials used, the processes of manufacturing, the working environment, and the daily exposure and proximity of workers to dangerous tools and substances, are all part of the work which, without doubt, always put workers’ safety and lives in danger.

The top causes of injuries in manufacturing firms include:

  • Exposure to harmful environments and toxic substances. This includes working in environments where there is danger of radiation, electrocution and/or inhalation of toxic fumes. Though this is the least common cause of injury in this list, its effects are always severe;
  • Repetitive motion. Carpal tunnel syndrome is the number one injury sustained by workers due to repetitive motion.
  • Falls. This can be falling to a lower level or same level falls. Losing ones’ balance or tripping over an objects along walkways, falling off ladders, scaffolds, loading docks and stairs, are some examples of falls that lead to serious injuries;
  • Overexertion. This is due to excessive physical motion while lifting, pushing, pulling, throwing or carrying a heavy object. Overexertion is the second leading cause of injuries in the manufacturing industry; and,
  • Contact with objects. This occurs when a worker runs into stationary objects or the reverse, which is moving objects striking a worker. Being caught in or rubbing against machineries (in operation) is one of the major causes of accidents in manufacturing sites.

Though wages and benefits of workers in manufacturing firms are now generally more appealing and substantial compared to other jobs. However, the physical labor demanded by the job, as well as the danger workers are always exposed to, put workers’ lives in constant danger. This exposure to great risk not only necessitates workers to know their right in claiming benefits from Workers’ Compensation in the event of an accident, but also reminds them of their right to demand from their employer a safe and healthy working environment.

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Many women in the United States have undergone a hysterectomy or a myomectomy during which a device known as a power morcellators was used to remove noncancerous tissue or fibroids.  Once believed to be a minimally invasive way to remove these tissues, it was soon found that these devices could spread undetected cancerous tissue during these procedures.  According to Williams Kherkher, among the cancers that could be caused are uterine cancer, uterine sarcoma, and endometrial stromal sarcoma, and metastatic leiomyosarcoma. Unfortunately, these cancers can sometimes go undetected following a procedure using a power morcellator if an individual is unable to recognize the symptoms.

Uterine cancer carries a number of symptoms, ranging in severity. According to the American Society of Clinical Oncology, one of the most common early signs of uterine cancer in women is bleeding in between menstrual periods.  The amount of bleeding can range from moderate to light.  This may also include a watery discharge from the vagina that may or may not include a streak of blood.  A woman may also experience pain in her pelvic area, particularly during sexual intercourse.  If a woman has already gone through menopause, a symptom of uterine cancer may include vaginal bleeding again.  If you underwent surgery with a power morcellator and have experienced any of these symptoms, it is important to consult with your doctor as soon as possible to determine if you are suffering from uterine cancer.  Uterine cancer can become aggressive quickly if not diagnosed early.

Despite numerous FDA warnings and a recall, power morcellators have still not been officially banned even following a recall from makers Johnson & Johnson.

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The brain and the spinal cord form the nervous system, which controls various functions and activities of the human body. The brain is protected by hard bone (the skull or cranium), the meninges (membranes), and the Cerebrospinal fluid (CSF), which causes the brain to float inside the skull and provides a cushioning protection for this very delicate, yet, complex organ- especially during sudden head movements.

Despite the layers of protection, there are certain instances where a blow to the head is too forceful and violent, rendering these layers incapable of providing the actual needed cushion. These violent blows can cause the brain to collide with the skull’s internal wall, resulting to bruising of the brain, bleeding or torn nerve fibers which, in turn, can lead to intracranial injury, more commonly known as traumatic brain injury (TBI).

A traumatic brain injury is a very serious injury; it can damage one or more areas of the brain, resulting in temporary/permanent functional disability or psycho-social impairment, which can affect one’s reasoning, memory, abstract thinking, judgment, processing of information, cognition, problem-solving ability and language. It can also make a person more vulnerable to serious illnesses, like Parkinson’s disease, Alzheimer’s, epilepsy and other illnesses that can affect the circulatory, respiratory or digestive system.

According to the Centers for Disease Control and Prevention (CDC), TBI can result from any of the following accidents which can cause a violent blow or a sudden jolt to the head:

  • Accidents involving non-motorized pedal cycles, like bicycles;
  • Violence, assaults or gunshot wounds on the head;
  • Falls (which are very common among senior citizens and children 4 years old or below);
  • Sports-related accidents;
  • Blast or explosion; and,
  • Motor vehicle accidents

The website of the Tuscon personal injury attorneys of Russo, Russo & Slania, P.C. mention the intensive emergency and prolonged medical care needed in treating TBI – a situation that can exhaust a family’s financial resources. Serious deliberation needs to take place in order to deal with this unfortunate situation in the best and most acceptable way possible.

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What is the Texas Prompt Pay Act?

Posted By on May 4, 2015

Medical professionals play crucial roles in their respective communities. Thanks to the hard work of doctors, nurses, and other health care providers, communities are able to receive proper medical attention and treatment. Unfortunately, there are scenarios when this hard work isn’t properly compensated by insurance companies that delay or deny medical care payments.

In Texas, medical professionals are protected from such antagonistic practices through the Texas Prompt Pay Act of 2003. Based on the terms mandated by the Texas Prompt Pay statute, medical personnel who are not properly paid by health insurance companies within a specific space of time may pursue their owed compensation through a legal claim.

It’s important to note that note all health insurance programs can be covered by the Prompt Pay Act. The law only applies to health maintenance organizations (HMO) and preferred provider organizations (PPO). Any other insurance plan under the following programs is exempted from the mandated terms:

  • Workers’ Compensation
  • Federal employee plans
  • Self-funded plans for ERISA, and University of Texas and Texas A&M University employees
  • Texas Association of School Board coverage
  • Health Select and Health Select Plus
  • TriCare
  • CHIP
  • Medicare
  • Medicaid

Medical professionals looking for coverage outside the aforementioned programs will need to submit their claims within 95 days of the services they rendered. Their submission must also include data that is, as stated by the law, “complete, legible, and accurate.” These claims will also have to undergo strict review and should follow other eligibility requirements mandated in the Texas Prompt Act. Because this process can quickly become complicated so often, doctors and other health care personnel should feel free to consult with an experienced lawyer to learn more about all the legal options available to them.

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