The Texas Board of Nursing, another way to protect Texas Doctors

There is already plenty of controversy in Texas about suing doctors in the medical malpractice arena. Hospitals in Texas are now using the Board of Nursing and the Nursing Practice Act to minimize their exposure/liability and blame nurses rather than the doctors who improperly treated the patients where deviations of the standard of care are apparent. This is how they do it:

Hospital A receives a Patient that has HIV. The receiving ER doctor learns of the HIV and decides to make the Patient a DNR, since its only a matter of time before the Patient dies (insurance companies only pay for certain amounts, procedures and things for HIV patients). In the mean time, the Patient has chest pains and an EKG reveals that a possible MI is in the making. The ER doctor does not treat the heart attack but orders a consultation with another doctor. The Nurse tells the doctor that the Patient is complaining of chest pains and shows the doctor the EKG. The doctor does not want to treat the HIV patient, rules out a possible MI on the EKG itself and tells the Nurse that the Patient is a drug seeker anyways. Three Hours later the Patient is transfer to the ICU for pneumonia and dies at the ICU while in the care of another doctor five hours after arrival. Cause of death, MI. No expensive drugs are given for the MI and no other treatment was selected by the doctors.

The hospital realizes this, and launches a bogus investigation to get the "Root Cause" analysis simply to see how they can protect their assets (the doctors) who make them the money. The hospital sees that the nurse did not do a procedure (which was not ordered by the doctor nor paid for by the insurance anyways) but decides to fire the nurse and report her to the Texas Board of Nursing. The hospital produces falsified records and documents to the Board, the nurse has an informal hearing but the Board is only concerned about the procedure that the Nurse did not do which was not ordered. The Board hears all the evidence of how the Nurse acted as any other prudent nurse would act under the same or similar circumstances, but the Board did not want to hear that. Case close, Nurse is reprimanded, Doctor is safe and the Hospital wins since it was the nurse, and not the doctor, who deviated from the Standard of Care. Since hospitals will not defend nurses that are not working for them, the nurse is exposed, the Patient is death, insurance wins, hospital is free as a bird.

The Texas Board of Nursing is a governmental agency that is very nice and does not look like a public office at all. The floors are hard wood floors with very nice paintings and equipment. The nurse wondered: who provided the funds for the upgrades to this governmental offices. Insurance companies? Hospitals? Doctors? The public? It would be interesting to find out!!!

Insurance companies already using the new law. ONLY IN TEXAS!!!

Insurance companies have long protected their interest, not the interest of injured victims. In Texas, tort (deform) has nothing but crippled the ability of a plaintiff to bring a case into court. It has also fattened the already big pocket of insurance companies. "The moral of the story is this: If you have a claim against a big corporation, take whatever it offers, because if you dare to take them to a jury, you risk your economic life." ONLY IN TEXAS!!!

In 2003, the last major tort reform legislation mandated that plaintiffs who rejected settlement offers and win a jury verdict must receive a judgment award of at least 80% of the offer; otherwise, they are responsible for paying legal fees for the losing defendant from the date they refuse the settlement offer. ONLY IN TEXAS!!!

This existing provision is already a powerful weapon, and already in use in the legal arsenal of deep-pocket defendants such as insurance companies and corporations, since plaintiffs would be tempted to accept low-ball settlements rather than risk receiving nothing. ONLY IN TEXAS!!!

The playing field in Texas is already sharply tilted in favor of the defendants. The wrongdoers can and will continue doing wrong but now, they will threaten Plaintiff into accepting low offers simply because they can. ONLY IN TEXAS!!!

Allstate has already called our law firm indicating that "we better accept this offer," or else, don't you know the law? What a shame! ONLY IN TEXAS!!!

Can a cop abuse his power?

In order to prevail in Federal Court against unethical, immoral or even abusive cops, you have to prove that an action occurred while the cop was acting "under color of law." This is particularly true when a cop uses his position of authority to obtain sexual pleasure against innocent civilians.

In Texas, many cops use that position of authority but get away with sexually assaulting civilians because their police departments will say that "the cops were not acting under color of law," since the police department did not hire them to have sex while on duty and because of "qualified immunity." Case close. Victory for the crooked cop...Not so fast!

The Fifth Circuit recently ruled on a case specifically about the abuse of power by a person clothed with such powers. The case of U.S. v. Dillon, 532 F.3d 379 (5th Cir. 2008) dealt specifically with that issue. A former city attorney used his position of authority to sexually assault women and the city argued that they did not hire the city attorney to have sex but to work as an attorney. The Fifth Circuit saw the confusion and cleared up the mess that Texas once had.

In the finding, the Court reasoned that "An action occurs under color of law, for purpose of statute prohibiting deprivation of civil rights under color of law, when there is misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law."

The facts of the case were as follows: Defendant, an assistant city attorney (ACA), was acting under color of law when he sexually assaulted two women, as required to support his convictions for depriving the women of their right to bodily integrity under color of law; one woman came to his office to have her traffic tickets fixed and her son released from jail, and, after he placed a call to judge who ultimately paroled the woman's son, defendant proceeded to kiss her and when she resisted he told her that he knew a lot of police officers and that he could have anybody arrested, and the second woman came to defendant's office to receive a drug test so she could have her pending marijuana charge dismissed, but defendant, before sexually assaulting her, told her that nobody would believe her if she reported him because she had a lewd conduct charge on her record, and thereafter warned her not to tell anyone about the assault or he would come after her and her family.

We believe that every person has a right against having anyone, including cops, from violating that person's right to bodily integrity. No person clothed with power should ever use his position of power to obtain sex while on duty. It is wrong and it should be punished.

Our law firm helps people throughout Texas that have been abused by police. You are not alone anymore! Our lawyers will fight for your rights so you don't have to.

Our law firm helps people in all areas of law including family, business, personal injury, bankruptcy appeals, medical malpractice, criminal law, and other areas of law. We also have a divorce website to help the people in Texas that cannot afford a lawyer.

What do you think?

This email was received through one of our websites: The Baez Law Firm, P.C. San Antonio Lawyers Cheap Texas Divorce We would like to know your opinion.

What are my rights for return of property when a police officer takes my property into custody? Since May of 2011, SAPD is refusing to return my handgun unless I get a court order or get a doctor to tell them to return it to me. I have asked for such in writing on 3 occasions via fax but so far they have ignored my all my written requests as to which procedure I need to follow to regain possession of my property.

Me: I am a home owner in Encino Park, 48 years of age, no criminal history, no history of mental illness... however I am homebound-disabled with MS & Pulmonary Fibrosis. The latter which has rendered me homebound for the most part because humidity and exertion endanger my health and ability to sustain life.

I am the legal owner of the gun and have the documents to verify such, the handgun is registered in my name and was never involved in any crime whatsoever. There is no criminal or misdemeanor case pending surrounding the pistol or myself.

How is it that SAPD can refuse to return my property or place such ridiculous and almost impossible demands for me to comply with regarding the return of my property? Are there current laws that permit SAPD to keep my property from the rightful owner(s) if said property is not being held pending a legal case?

My biggest concern is my safety. My home was burglarized by an unknown party (though XXXXX XXXX has bragged to others about committing the crime when he got out of jail) and there was a burglary of Habitation by an off duty Bexar County Sheriff Officer which was witnessed by me and two other individuals. Being disabled and having to deal with not one but two prior incidents along with many other reported break ins in my area, I depend on my firearm to protect my safety and my home.

Can Police Officers do this?

Rear ended by another driver, Res ipsa is your solution

In Texas, there are hundreds if not thousands of accidents every day. Many of them involve a rear end collision that presumably indicated liability on the person who hit from behind. But why? Our accident lawyers can answer your questions.

Drivers may argue that it was the front driver's inattention that lead him/her to have the accident since the driver in front slammed on the brakes. Our accident attorney has handle this situation many times over.

Res ipsa loquitur- a Latin word that means "the thing speaks for itself." This is an evidentiary rule in torts that the very fact that an accident occurred is enough to provide a prima facie case of negligent behavior. Rear ending another vehicle is a perfect example of showing failure to maintain a safe distance on the part of the rear-ender, regardless of the conditions.

Many times the insurance company for the rear-ender will argue this point, but with no success. Our accident lawyer will remain the insurance company of this rule time and time again.

Our accident attorneys will fight for your rights in court. We have helped thousands of individuals in Texas when they are injured by a rear end collision. Insurance companies have their legal team, and so should you!

Charged with Murder in Texas? Our lawyers can help!

Even though we are personal injury lawyers and attorneys, accident lawyers, accident attorneys, our general practice law firm also handles criminal defense; thus this posting.

Like Florida, Texas juries find themselves in the middle of murder trials. Jurors are required to give value and weight the evidence. Like Florida, a persons needs to be convicted with evidence beyond reasonable doubt. That means that, if the evidence is not strong enough, and doubt exist, a jury must acquit.

Many people get upset when cases, like Casey Anthony, are found Not Guilty. A sense of failure of justice is shared amongst many. However, we have said that this is the way that our legal system was meant to work. The jurors in this case got it right!

When prosecutors have no direct evidence, many times they create this phantom story that some times jurors buy and innocent people get convicted. Our legal system was created so that, not one single innocent person goes to jail; but because of the tenacity of prosecutors, and inefficiency of some defense lawyers, jurors get it confused.

We have represented the wrongfully accused in Texas and will continue to do this. We believe in the constitution and every one deserves a fair and impartial jury. Let us help you with your criminal defense.

Congratulations to Jose Baez of The Baez Law Firm in Florida!

Jose Baez and his legal team has shown the world that juries still get it right. Let this be a day to remember where the constitution, once again, has been honored by those who swore to follow it.

Although we loved the phone calls, emails, and others regarding the case while it was pending and even after, we are not the attorneys that represented Casey Anthony nor are we related in any way shape of form to The Baez Law Firm in Florida.

The Baez Law Firm, P.C. does handle criminal defense cases in Texas but not in Florida. Again, our congratulations for a job well done to Jose Baez and his legal team in Florida.