Dallas Personal Injury Attorney Blog

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My office sees a lot of clients who have been hurt by bad podiatrists. Invariably, the patient goes into the podiatrist with a minor problem, the podiatrist acts like fixing it is "nothing"--and the patient ends up with a major problem because the podiatrist did not take simple precautions for the patient's safety. We've seen many cases where the podiatrist is doing a routine operation (like removal of a bunion or a corn) and it appears that the podiatrist either didn't know what he was doing or decided that he would create a "new" method for doing an operation. Worse, when these operations fail, these podiatrists keep operating, trying to fix the damages caused by their first surgery without fully understanding either what went wrong or what to do about it.

All too often the result is a patient who is permanently crippled when all she wanted was a bunion removed.

The moral of this story is that not every podiatrist should be doing all of the surgeries that they are willing to do, and that patients considering having foot surgery by a podiatrist also get a second opinion from a medical doctor who does foot surgery. There are orthopedic surgeons who perform foot surgery, and their training is much more extensive than that of podiatrists. Second, if your first surgery with a podiatrist went bad, it is imperative that you immediately see a foot and ankle specialist that is an M.D. Letting a podiatrist who isn't good at surgery keep operating on your foot after he failed once is a recipe for disaster.

If you have been injured by a bad podiatrist, give us a call. We can help, and we can help you find doctors to fix your feet.

Medical malpractice claims are some of the most difficult to win. They are highly complex and require the assistance of an attorney with extensive understanding of the medical principles involved. Due to the long time period for completion, large up-front expenses incurred, and difficulty of proving liability in medical malpractice claims, many attorneys will only accept a case if they believe it has a strong likelihood of winning a substantial settlement.

There are several factors which must be evaluated in determining if you have a medical malpractice claim worth pursuing. The most important factor is liability.

In order to prove liability, you will need to demonstrate that the medical professional provided negligent care which failed to meet accepted standards put forth by the medical community. A poor outcome for your procedure does not necessarily imply negligent care. You will need to demonstrate that the poor outcome could have been prevented if the medical professional had provided care commensurate with accepted standards.

However, it is not enough to prove that your doctor's care was negligent. In order for the doctor to be held liable for your damages, you also need to prove that the negligent care directly resulted in your injury or worsened your condition.

Once you have established liability, you will need to demonstrate that you have suffered damages. These can include:

• Medical expenses
• Long-term care
• Lost wages
• Pain and suffering

The extent of damages will be determined by your unique individual situation. For example, if your injury prevents you from ever performing your job again, you may be entitled to more damages for lost wages than someone who can eventually resume the performance of all regular work responsibilities.

The medical malpractice lawyers at Polewski & Associates can help you receive the compensation you deserve if you have suffered an injury caused by a medical error. At your initial consultation, we will thoroughly review the details of your case to help you determine how best to proceed.

Please contact our Dallas medical malpractice lawyers today to schedule your free initial consultation. Polewski & Associates serves clients in Dallas, Desoto, Duncanville, Midlothian, and Waxahachie, Texas.

Early detection and treatment of cancer is crucial to your survival chances. In many cases, if caught early enough, doctors will be able to treat your cancer in a manner which enables you to enjoy a full recovery without the pain and agony associated with chemotherapy or radiation treatment.

However, when cancer is misdiagnosed or when there is a delayed diagnosis of your cancer, it festers inside your body, increasing the likelihood that it will spread to other organs. Once cancer spreads, it becomes much more difficult to remove from your body, and treatments become increasingly painful.

The Dallas medical malpractice lawyers at Polewski & Associates have witnessed too many instances where medical errors have resulted in a misdiagnosis of cancer which would have otherwise been treatable with a high success rate. Common actions resulting in a misdiagnosis of cancer include:

• Failure to properly read a pap smear
• Failure to order x-rays or CT scans
• Failure to properly read a biopsy

If your doctor's actions resulted in a delayed diagnosis or misdiagnosis of your cancer, you may be entitled to receive compensation for your damages. Our lawyers are board certified in personal injury trial law, and we possess the skills to effectively prove your claim through litigation. One of our attorneys, Andrew Gross, is also a licensed medical doctor, and this background enables him to accurately review medical records and identify when a doctor's actions constitute negligence.

If you think you have a cancer misdiagnosis claim, please contact our Dallas medical malpractice lawyers today to schedule your free initial consultation. Polewski & Associates serves clients in Dallas, Desoto, Duncanville, Midlothian, and Waxahachie, Texas.

If you have been injured in a car accident, it is important to properly document the events immediately while the details are still fresh in your mind and the evidence is intact. Proper documentation of your accident will substantially help your chances of recovering damages in a car accident lawsuit.

You should call the police immediately. If the other driver caused the collision, you will want an accurate police report indicating that the other driver was at fault. While you can fill out a police report a day or two after the incident, it will most likely be less accurate. Your recollection of the events will be much stronger moments following the crash, and if the police officer fills out his report at the accident scene, he can evaluate the evidence to get a much clearer understanding of who was at fault.

You should also record the contact information of any eye witnesses and have your car accident attorney interview them as soon as possible. The longer you wait to record statements from witnesses, the greater the likelihood they will forget the details of the accident.

You will also want to personally document all evidence before leaving the scene of the accident. You should take photos of the damage to both your car and the other driver's vehicle. If you do not have a camera with you, a cell phone camera will be sufficient. It is also a good idea to jot down your recollections of the events on a piece of paper so that you can remember the details at a later date.

Even if you do not think you are seriously injured, it is a good idea to visit your doctor as soon as possible. Sometimes the symptoms of auto accident injuries may take several days to appear. In order to prove that your injuries were a result of the accident and not a later incident, you will want to have them documented immediately.

Finally, you should consult an experienced car accident attorney as soon as possible. Your lawyer can advise you before you give any statements to law enforcement officers or insurance agents, and he can negotiate with the insurance company on your behalf.

The Dallas car accident lawyers at Polewski & Associates have decades of experience helping accident victims receive the compensation they deserve. We can make sure your rights are protected so that your medical bills and property damage do not become an overwhelming burden to you and your family.

Please contact our Dallas car accident lawyers today to schedule your free initial consultation. Polewski & Associates serve clients in Dallas, Desoto, Duncanville, Midlothian, and Waxahachie, Texas.

Rule number one of Texas business partnership law is that business partners are equal partners in all aspects of their business. That is a simple statement, and a fairly easy concept, but many people are surprised when they see the concept applied in a business breakup, when emotions and vastly differing ideas of what is fair are the rule, not the exception. Business disputes, particularly between partners, can be very emotional and ugly.

Any lawyer who handles business disputes between partners can tell you that there is little difference between the reactions of business partners and those of angry spouses when the relationship breaks up. One spouse, or one partner, typically will sputter about "it not being fair" and how he or she "built the business by working my tail off while she spent her time at the country club".

Another similarity between business disputes involving partners and divorce litigation is how betrayed a partner can feel when he finds the other partner "cheating" on him.
From a purely business standpoint, unless you and your business partner agree otherwise in a valid written contract, the law says that you share responsibilities and assets equally. It doesn’t matter if you keep separate accounts at different banks. It doesn't matter if one partner works and one doesn't, or if one makes more money than the other. The law is not going to penalize either for "not pulling his weight", not working hard enough, not making enough money, or spending too much time watching football and not enough time helping with the chores, or marketing.

One of the functions of a business dispute lawyer is to guide you through the process of dissolving your businesses partnership with a clear head, and keep you focused on what can and cannot be accomplished. Lawyers almost certainly cannot get you back together. We cannot make you forget that your partner cheated you. Business dispute lawyers can, however, help you focus on the future and on minimizing the damage which business disputes and the breakup of a business partnership can cause. It is always better to know your legal options early rather than after a breakup has happened. For example, if you think that your partner is cheating you, you should get legal advice before confronting your partner.

For example, is it better for the stronger of two partners to spend his time fighting over what is left of the dead business, or to concentrate his time and money on a new business? The answer is that it is always better to move on as quickly as possible, and that the stronger partner is always well advised to accept a small loss now in exchange for the future gain to be had when no longer tied to or distracted by the failed business relationship. Put simply: the partnership is over, and the question really is not "what should you have done?", but rather "what should you do now?"

Business lawyers, like divorce lawyers, serve their clients very poorly if they do not force them to focus on the future, rather than on the past. Yes, you can go after the money your partner stole from you, and you should. But you should be pragmatic about it, too: the business relationship is over and cannot be saved. The issues therefore are about money, and should be addressed with the same cold-blooded objectivity as any other business issue. Have your lawyer focus on the business dispute with your partner, and you worry about your future business.

Your brain is a very delicate organ possessing the consistency of gelatin. The cerebrospinal fluid inside your skull provides your brain protection from ordinary bumps or jolts you may experience on a daily basis. However, a heavy blow to your head may cause your brain to hit the inner wall of your skull, resulting in bleeding and the tearing of nerve fibers.

According to the National Institutes of Health, auto accidents are responsible for approximately 50% of all traumatic brain injuries resulting from a violent blow to the head. Roughly 20% of these blows are caused by acts of violence.

The leading cause of traumatic brain injury in children is being shaken violently. For elderly people, slips and falls are the most common cause of brain injury.

Other causes of traumatic brain injury include:

• Bullet wounds
• A sharp object piercing the skull
• Exposure to toxic chemicals
• Lack of oxygen to the brain
• Infection
• Stroke

If your traumatic brain injury was caused by the negligence of another, the Dallas brain injury lawyers at Polewski & Associates can help you receive compensation for your damages. Often, these injuries will result in ongoing medical expenses and the need for lifelong care. Our lawyers will work to hold the responsible party accountable for your injury so that you can receive the assistance you need.

Please contact our Dallas brain injury lawyers today to schedule your free initial consultation. We serve clients in Dallas, Desoto, Duncanville, Midlothian, and Waxahachie, Texas.