Due to COVID-19, virtual meetings and consultations are available if preferred.
The Bettersworth Law Firm


Call Us830-606-0404   888-392-0039

New Braunfels San Antonio Sequin Austin

Texas injury attorney, Texas accident lawyerUnfortunately, medical errors are a common cause of death in America. From minor miscommunications to significant, unfathomable mistakes, patients often lose their lives because of one preventable action. One type of potential mistake patients face is nurses or physicians administering medications incorrectly. Drugs can be administered in a number of different ways including orally through pill form, intravenously, or directly into the spinal canal. Some medications can be administered in more than one form while other drugs should only be administered in one particular way. When a drug is given to a patient improperly, it may lead to serious injury and death.

Oncology Nurses Can Avoid Improperly Administering Chemotherapy Drugs

During the Oncology Nursing Society’s 42nd Annual Congress, a presenter discussed the proper, evidence-based administration of vincristine to patients undergoing chemotherapy. Vincristine is a vinca alkaloid that is commonly used during chemotherapy treatment to block the growth of cancer. It is very effective. However, if it is administered incorrectly and directly into the patient’s spinal fluid, it will lead to paralysis, neurological defects, and death. Unfortunately, this mistake can occur when patients receive other chemotherapy drugs directly into their spine. To avoid this error, oncology nurses are encouraged to always administer vincristine through mini-IV drip bags. Not only does using a mini bag prevent incorrect administration, it can also reduce the risk of extravasation, which is the leaking of intravenous drugs into the surrounding tissue. If the drug is never administered through a syringe, then it is impossible to improperly administer it into the spine.


Texas malpractice attorney, Texas injury lawyerOne woman and her family lost their mother on March 12, 2015. Their 87-year-old mother had been admitted to Kindred Hospital Sugar Land that month for pneumonia, and they had watched her health steadily deteriorate. When they were told by the medical staff that their mother had passed away, they had assumed it was from complications with the pneumonia – not a botched medical procedure. However, a letter from a nurse on staff at the time sent in January 2017 told a much different – and horrifying – story.

Hidden Medical Malpractice

Without the knowledge or consent of the woman, a physician at the hospital attempted to insert a catheter into a major vein in her mother’s neck in order to start dialysis – a treatment that could have potentially helped her mother’s kidney issues. The physician’s first attempt did not stick and his second attempt on the other side of her mother’s neck went even worse. The woman’s mother lost an extreme amount of blood and her heart stopped. She was initially revived but her heart stopped again. During this procedure, the woman and one of her brothers attempted to visit her and were not allowed in the room.


Texas malpractice attorney, Texas injury lawyerThe Second Court of Appeals of Texas determined the standard of care that applies during emergency medical treatment is only relevant if the patient was first treated in a hospital’s emergency department. Under Texas law, there is a higher legal standard for bringing medical malpractice cases against emergency room physicians and medical personnel than when medical malpractice lawsuits are filed against other medical professionals or facilities. This heightened standard is meant to offer additional protections for ER doctors. However, there are limits to this protection. A Texas appellate court found this standard did not apply in a situation in which an infant suffered an injury at birth following the mother receiving some emergency medical care.

The appellate court’s decision is good news for patients who were injured and may have been limited by having to prove a willful and wanton standard of negligence during a medical malpractice claim.

Texas’ ER Standard of Care


Texas malpractice lawyer, Texas injury attorneyIn mid-February, A former Texas surgeon was sentenced to life in prison after injuring multiple patients during recklessly and maliciously performed operations, CBS Dallas reported. The prosecutors brought multiple charges against the surgeon for actions including operating on the wrong portion of a patient’s spine, improperly placing screws and plates in a person’s spine, cutting a major vein within a patient, and leaving a sponge in another patient.

While this is an example of the criminal charges that can be brought against a physician for negligent care, the victims and their families can also bring civil medical malpractice lawsuits against negligent, reckless, and malicious medical providers.

Texas Medical Malpractice Claims


knee replacement surgeryAccording to statistics collected by the U.S. Centers for Disease Control and Prevention (CDCP), there are over 700,000 knee replacement surgeries performed in this country every year. A recent study has concluded that at least one-third of total knee replacement surgeries are unnecessary. In medical terms, knee replacement is referred to as total knee arthroplasty (TKA).TKA is often recommended for patients who have chronic pain from badly damaged knee joints. During the procedure, the damaged cartilage and bone is removed and replaced with an artificial joint manufactured out of high grade plastics and metal alloys. There has been a marked increase in the number TKAs that are performed every year. Data reveals the number of procedures tripled between the years of 1993 to 2009. Some studies suggest this increase is due to a correlated increase in obesity in this country. Researchers from Virginia Commonwealth University in Richmond analyzed the data of 175 patients who had undergone a TKA procedure. They developed a classification system to determine which patients were good candidates for the surgery. Some of the criteria the research team looked at were the ages of the patients and the location and extent of their pain. The research team also used the patient’s WOMAC score. This score is obtained by having the patient fill out a questionnaire that asks the patient to rate stiffness, symptoms, pain and daily living functions. The conclusion of the research team was that 34 percent of the patients who had undergone a TKA were never good candidates for the surgery. The authors of the study wrote, “It seems reasonable to question whether TKA was the most appropriate intervention. Most of these subjects either had pain and functional loss profiles that were less than half that of typical patients undergoing TKA or they had no joint space narrowing.” If you have suffered illness or injury from unnecessary medical treatment, contact an experienced New Braunfels personal injury attorney to find out what legal compensation you may be entitled to.

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

Texas Trial Lawyesr Association State Bar of Texas San Antonio Trial Lawyers Association
Back to Top