Just about 1.3 million people across the U.S. will die each year as a result drug errors. Pharmaceutical mistakes are on the rise.

It’s not a secret that medical malpractice lawsuits are growing every year, despite some states capping a victim’s award. Companion cases to medical errors made by surgeons, doctors, nurses and dentists are pharmaceutical mistakes that are growing by leaps and bounds every year. In fact, close to 1.3 million people will die in the U.S. this year as a result of incorrectly prescribed or wrongly filled prescriptions.

“This is alarming, as just about everyone you may know has taken or is taking some kind of pills prescribed by a doctor. Taking drugs is a common daily occurrence for just about three quarters or more of the population. Consider what would happen if the drugs you are taking cause deadly side effects because the dose was wrong or it was the wrong drug? It’s happened, because humans make mistakes, whether they are medical professionals or not,” said Brooks Schuelke, an Austin personal lawyer with Perlmutter & Schuelke, L.L.P.

Those taking their daily medications might want to pause and read the label closely, just to make sure it is the correct drug in the proper dosage. They might also want to double check any prescription they are handed by a doctor to verify what they’re being told to take and why, and then check again at the drug store to see if the right drug is dispensed. It’s not too far-fetched to find that the drug in the bottle is not the one it is supposed to be, because they looked similar on the shelf.

Pharmaceutical errors happen just about anywhere within the medical system; in a hospital room, in a nursing home, at the drug store and in the doctor’s office. Medical professionals are human and humans make mistakes, despite their best intentions. Taking the wrong pill has the potential to cause grave side effects or even death. Once someone takes the wrong pill or wrong dose, it’s in the body and it can’t come out.

“The bottom line is that we trust our doctors and medical professionals to do what is in our best interests. We trust they understand the effects of the drug they want us to take and that they prescribe drugs that won’t harm us. In this day and age, it’s best to be your own advocate when it comes to keeping track of your medications. It’s your body, your health and your life and you want to get it right,” said Schuelke, the Austin personal injury lawyer.

For those who have suffered as a result of pharmaceutical negligence, consult with a seasoned Austin personal injury lawyer to find out about eligibility for compensation for pain and suffering and mental and emotional trauma.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Statistics show that family practitioners and general internists get the diagnosis wrong a relatively high number of times when a person is having a heart attack.

A very recent study on heart attack diagnosis released by the Physician Insurers Association revealed that malpractice in this area is quite high among family practitioners and general internists. They have the highest number of med mal claims and the highest average indemnity payments of any group of doctors.

“What this suggests is that heart attacks are difficult to diagnose because the symptoms can mimic a wealth of other conditions,” said Austin personal injury lawyer Brooks Schuelke, of Perlmutter & Schuelke L.L.P.

The study also indicates that acute myocardial infarction is the third most expensive medical condition that often ends up in claims against doctors, following closely behind birth injuries involving brain damaged babies and breast cancer. The numbers in this study reach back to 1985 and show that the insurance companies in the study paid out on 349 cases relating to heart attack misdiagnosis with a total indemnity of more than $91 million.

“There were 27 insurance companies that took part in this study, so if you extrapolate to include other insurance companies over the same period of time, the number of heart attack cases would be significantly higher, along with the final indemnity statistics. What that means is the rate of misdiagnosis for heart attacks is alarming and if you have had this happen to you, you will want to discuss your case with a skilled Austin personal injury lawyer,” Schuelke said.

The group with the highest number of claims filed (160 of 423 defendants) were general practitioners, often referred to as family doctors, followed by internal medicine medical professionals, who took the lead in indemnity payments, averaging roughly $252,100. The patient demographics indicated that at least one-quarter of the total payments (16 percent) were made to those under the age of 40, and 47 percent under the age of 50.

“For people in those age ranges, with a lot of living left to do, being misdiagnosed for a heart attack can and has resulted in fatal consequences,” Schuelke said. “The biggest concern is that the symptoms are clever mimics of other diseases. Having a heart attack and not being diagnosed correctly has become one of the most frightening situations to be in today, as the symptoms may be mistaken for gastrointestinal distress, a respiratory problem like bronchitis, asthma, anxiety or pneumonia.”

The best advice for someone who feels their heart attack was misdiagnosed as something else and that this medical error gravely affected their life is to speak to a seasoned Austin personal injury lawyer and find out precisely what can be done to move forward.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Workers injured on the job should keep detailed records of the injury. It will help when filing a claim.

“When someone is hired for a job in construction, management doesn’t typically spend a lot of time talking about workplace injury claims or even workers’ compensation, other than to make sure the new hire gets signed up for it. Even if it’s not mentioned, keep one thing in mind for the future: if something happens to you on the job, keep very detailed records of everything that happens, including filing your accident report with management. You will also want in depth medical records that are easily accessible,” said Brooks Schuelke, an Austin accident lawyer with Perlmutter & Schuelke, L.L.P.

When a mishap does happen at a workplace, the employer is required by law to keep records of the details of the accident in an official accident report book. This is a part of the reporting procedure for disasters in a workplace. Ideally, the overall recordkeeping will indicate any inherent patterns to accidents and let management fix what’s wrong. “The crucial thing to remember is that if the accident is not recorded in the official record book, it may be more difficult to recover compensation,” Schuelke said.

Another thing workers need to know up front is that if they are going to file a workers’ compensation claim, they need to document all of their injuries at once. That, of course, means all the injuries need to be treated at the same time as well. “At this point, you need to also ensure all of your injuries and medical treatments are documented in full detail for future reference. This is so you have something to show a lawyer if you have trouble processing your workplace injury claim,” Schuelke said.

Keep every receipt for every medical test, surgery, therapy session, counseling assistance, medication, etc., because these things are needed when it comes to figuring out the amount of the claim settlement. “Ideally, if you have a witness, it certainly helps your case. That could be another worker, a supervisor or pedestrian who saw the accident,” he said.

While some workplace injury claims go well and things are settled to the satisfaction of both parties, this seems to be the exception, rather than the rule. For this reason, it’s a good strategic move to hire an Austin accident lawyer to make sure the case gets moved along promptly and that it doesn’t get bogged down in bureaucratic inertia.

Typically, compensation claims tend to come in at a lower settlement offer than one would expect. There is a reason for this. Workers’ compensation is insurance and insurance companies are famous for wanting to maintain their bottom line at the expense of those covered. This is one of the major reasons why hiring an Austin accident lawyer will, in the long run, be a benefit. That benefit will pay off in a higher claim settlement.

“Be aware that there is usually, by statute, a two year period to file on-the-job injury claims. However, having said that, don’t wait that long to do something about your claim or injury. The faster you deal with it, the quicker things get handled. Ideally, aim to process your claim within two months from the date of your accident, or sooner. Why? Because the details are still fresh in your mind. Have questions? I’m here to help you. Don’t hesitate to give me a call,” Schuelke said.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

You never know when a defective product may cost you your life. The man in this case never saw this accident coming.

This case was disturbing, as it deals with product liability issues that go right to the heart of consumer trust and confidence. This was a single-vehicle rollover that killed a pregnant woman and her child and a teenage boy, and injured six other kids. The tread of the group’s left rear SUV tire separated, causing the driver to lose control. The vehicle then spun out and rolled into the median of the highway before coming to a halt in some brush.

As the 2003 Ford Explorer was rolling down the highway, three people were ejected. Six of the children in the vehicle were not wearing seat belts. The pregnant passenger and her unborn baby were pronounced dead at the scene and a 14-year-old boy, who made it to the hospital alive, also died due to his injuries. The other children injured ranged from 10 to 17 years old and the driver was a 45-year-old man.

There are a lot of questions in this case, but perhaps the most important one asks what happened to the left rear tire? It may have been defective, and if that is the case, the victims of this crash may file personal injury lawsuits, or in the case of the deaths, wrongful death lawsuits. Negligence would be at the center of the suit – negligence from the tire manufacturer for poor-quality, shoddily made tires that could suddenly separate without warning.

Unfortunately, there are far too many things on the market these days that have serious potential to harm consumers. Defective tires are just one of hundreds of products that have failed to protect those who bought them in good faith.

As the law relates to product liability, there are usually several claims that may be brought against manufacturers. These include negligence, consumer protection claims, breach of warranty and strict liability. These laws are different from state to state and it’s best to ask a competent Austin personal injury lawyer what is applicable in your state if you feel you have a product liability claim. An Austin accident lawyer will outline the elements needed to take a successful case to verdict.

The three major product liability types are failure to warn (marketing defect), design defect and manufacturing defect. Quite often, a case may fall into more than one area. For example, in this particular case, if the tire is proven defective, the flaw may fall into the manufacturing defect and/or design defect categories. This is why an investigation is conducted in cases like this to determine the cause of an accident. For example, a plaintiff’s case could be pled under the doctrine of strict liability for defective design.

If you have had something similar happen, call a skilled Austin personal injury lawyer and find out your rights and what is needed to file a lawsuit.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Between the disastrous wreckages and severe injuries, accidents involving big rigs can be very complicated. The fact that it’s often hard to pin down a defendant in these cases makes them even more difficult.

Without a doubt, the trucking industry is a major backbone of the American economy. Without trucks, many goods could not be moved from point A to point B, vital equipment would not be delivered, homes could not be moved, gas would not reach the furthest corners of the nation and grain and other foodstuffs would never make it to market. This means 18-wheelers and heavy trucks of all sizes and shapes are on the roads virtually 24/7/365. It’s not much wonder accidents involving these behemoths can and do happen.

The major complication in trucking wrecks is often determining just who the defendants are in the case. “While you’d think this would be fairly obvious, as in it’s the truck driver, this isn’t always true. So, really, the answer to who is going to be sued in a trucking accident is kind of tricky at times. For instance, if the trucker works for a logistics transport company, they may be an employee of that firm or they may be considered to be an independent contractor. If the driver is an employee, that means the trucking company should be the defendant,” said Brooks Schuelke, an Austin accident lawyer with Perlmutter & Schuelke, L.L.P.

Aside from determining who the party at fault is in a big rig crash, there are other facets of accidents like this that need serious attention. While things may look one way at first glance, often probing deeper into the crash will reveal other things the lawyer needs to know to make a good case. This may include things like finding out if the trucker was speeding, driving aggressively, under the influence of a drug, driving while distracted or driving without enough sleep.

Take the case of the trucker who was watching a movie on his laptop while he was driving his big rig. He struck and killed a mother and her young baby as she was crossing the road. “No question the driver in that instance was negligent. These are the kinds of things we need to find out to take a case to settlement or verdict. It’s information like this that can drive up the amount of the damage award as well. For example, in the case of the trucker watching his laptop movie, there were punitive damages awarded, as well as compensatory damages,” Schuelke said.

For those that have been in a trucking accident and survived to tell their story, contact a skilled and dedicated Austin personal injury lawyer for help.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

With catastrophic injuries, damage settlements or verdicts tend to be higher. Serious injuries merit more argument from the defense to save money.

“A catastrophic injury is one that is gravely serious; one that alters a person’s life irrevocably. Typically, those types of injuries are spinal cord injuries, crush injuries, brain damage, amputations and third degree burns, to name a few. These injuries mean the person who sustained them suffers a great deal, and thus overall compensation is typically higher than with other personal injury cases,” said Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, LLP.

Because these are high stake cases with large payouts, the defense tends to contest the case with a great deal of fervor; more so than the usual injury case. This is due to the fact that the defense wants to save money on their company bottom line by diminishing the serious nature of the injuries or implying the plaintiff was at fault. Sometimes, this type of argument dealing with “who is liable for what” succeeds, which means the victim doesn’t get the compensation they need to continue on with his or her life.

“If this kind of situation has happened to you, and you are certain your injuries are as the result of someone else’s negligence, speak to an Austin personal injury lawyer. You need to know your rights and what to expect if the case goes to verdict,” Schuelke said. Choosing an Austin personal injury lawyer with a substantive track record for dealing with personal injury cases like this is a smart move. The more the lawyer knows, the better it is for the plaintiff’s outcome.

It is vitally important in cases dealing with catastrophic injuries that the settlement or court verdict delivers enough money for the plaintiff to be able to continue on with his or her life, pay medical bills, attend therapy and pay for medications on a long-term basis. The person’s life will never be the same, and the person responsible for the injuries should pay for the damage. Responsibility comes in many forms. Stepping up to the plate and taking responsibility for negligently causing an accident that resulted in catastrophic injuries is often the first step towards healing.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

It used to be that we had no phones in our vehicles and there weren’t as many accidents. Now, that’s a whole different story.

Since the advent of the cell phone, life has become incrementally more interesting, lively, exciting and deadly. While it’s nice to have 24/7/365 constant contact with friends and family, there needs to be a line drawn about doing that while driving a car and trying to text or talk at the same time. The results of that combination are often fatal. And what good reason was there for the accident, other than someone wanted to text a buddy about a party? Life is precious and responsibility for our own life is one thing; responsibility for the lives of others is paramount.

Unfortunately, those who take the risks of texting while driving are not taking into consideration what might happen to someone else if they are involved in a car accident. Furthermore, if they stopped to think about it, they aren’t even being responsible for their “own” life. Take the case of 21-year-old Josh Ashuby (names have been changed to protect the family) who was on his way home from a party in the city and texting his friends at the same time about what a blast it had been.

Just as he was about to go into a hairpin curve on the road home, he was texting his buddy about meeting him the next day for breakfast. The sun never rose again for Josh, who met an 18-wheeler head on in the curve that night. The cell phone survived the crash, with the display showing his buddy’s reply about breakfast. Pointless death? Indeed, it was not only tragic, but angered a lot of people in the community. Something had to be done about texting and driving.

Allstate Foundation has released some interesting stats about the texting while driving issue, mainly focused on teens, the largest group of cell phone owners who text and drive at the same time. These figures will shock you. About 82% of teens with cells used them while driving and at least 49% admitted they texted while driving, as well. Why do teens text while driving? Usually it’s to find their buds, flirt or get directions. A set of directions or a chance to flirt aren’t worth getting killed over, are they?

Another set of statistics put out by Virginia Tech’s Transportation Institute shows that texting while driving increases the risk of a wreck by up to twenty-three times. Those are frightening numbers. What needs to be done to stop this carnage? Stop using cells phones in cars while driving. Easier said than done, as even though there are many ideas out there about how to stop this deadly habit, most teens (and others) keep on doing it anyway, because they think nothing will happen to “them.”

To stop texting while driving would be fairly easy if people just practiced safety “first” before succumbing to the temptation of instant communication. Shutting off the cell while driving is the first step, only sending texts while pulled over on the side of the road is another, and asking another passenger with you to return the call or text for you is another. These are simple ideas that would save lives, if only people would follow them.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

You were in a car accident, end of story. Surprisingly, there is a lot more to a car wreck than meets the eye.

Texas law requires drivers to carry minimal auto insurance. At a minimum, drivers must carry $25,000 per person/$50,000 per occurrence limits for personal injury damages. What does this mean? The “per person” limits set out the maximum that the insurance policy will pay to any one person in an accident, and the “per occurrence” limits set out the maximum that the insurance policy will pay to all people involved in an accident.

For example, if three people are injured in a single wreck, the most that a 25/50 policy will pay any of the three people is $25,000, and the most that the insurance company will pay the three injured people combined is $50,000. If the driver is involved in a second wreck, the policy limits start over. On January 1, 2011, the minimum requirements will increase to $30,000 per person/$60,000 per occurrence.

In addition to the personal injury limits, the law requires drivers to carry $25,000 limits for property damage, the damage to other people’s vehicles or other property. These limits won’t be changed in January.

Drivers can satisfy their obligations through one of two ways. Drivers can simply purchase auto insurance. Most drivers choose this route. Alternatively, drivers can self-insure by proving that they have enough assets to satisfy the minimum obligations. Most people don’t have the resources to self-insure so this option is usually limited to company-owned vehicles.

While it’s a good idea to raise the limits, for many people the new 2011 limits still won’t be enough. That’s why Texas also encourages drivers to purchase uninsured (UM) and underinsured (UIM) motorist coverage. UM/UIM insurance protects motorists from drivers who either have very little insurance or none at all.

If you think that’s probably not a big problem and opt to drive without carrying UM/UIM, be aware that just about 25% of all drivers in the state are out there without any coverage. And even when the other drivers do have insurance, $25,000 (or $30,000 starting in January) is often inadequate. We all know that the cost of health care is rising, and even a small wreck can result in costs of medical care and other damages that far exceed $30,000. If the person who caused the accident (the at-fault party) has no car insurance or not enough insurance, what happens? What happens is that the victim will have to fork out money for damages and injuries out of their own pocket. UM/UIM insurance helps minimize this risk.

Been in an accident recently and need an Austin personal injury lawyer? Make sure to find one that knows the latest arguments in the paid and incurred fight, what may be argued for extra-contractual damages in UM/UIM, and what may be done about subrogation liens. It’s a tough world out there when you get into a car wreck. Make sure you have the right Austin personal injury lawyer on your side to help you sort things out.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.