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Woman Seeks Nearly $1 Million in Damages Against Dallas Surgeon and Oncology Center

“You think of a doctor as God and that he’s going to fix everything.” Those are the words spoken by Bernice Gomez, 63, who went into her surgery thinking that surgeon Dr. Sujeet Acharya and the team at Texas Oncology were going to remove the cancerous tumors on her adrenal glands and make everything better. Gomez was diagnosed with neuroendocrine carcinoma in the summer of 2016 and went in for her operation on November 14 of that same year. The surgery “took longer than expected,” but according to the team, it was successful. In fact, according to sources close to Gomez, Acharya told the family that “the adrenal gland and tumor were completely removed and that she was cancer free.” So, if that was the case, why was Bernice still in pain?

Surgery Gone Awry

Gomez said that after the surgery, she told the oncology team that she was in so much pain, she did not think she was going to make it. “I was in so much pain, and I couldn’t breathe,” she shared with CBSDFW. According to her, the pain was likely someone “continually stabbing you.” After living with the excruciating pain for a few weeks, Gomez decided to get the second opinion of another doctor. It turns out that Gomez’s tumors had not, in fact, been removed, as she had been told. However, nearly half of her pancreas had been and, as a result, pancreatic fluid was leaking into her body.

Since that surgery in November of 2016, Gomez has undergone 30 different procedures to both repair the damage that had been done and treat new complications that resulted from the “mishap.” She has filed a lawsuit for nearly $1 million in damages, which will help her pay for her medical expenses and adjust to her new life. The tumors are still in place, and doctors are waiting for her to heal a bit more from her last surgery before conducting another to remove what should have been removed more than a year ago. In the meantime, she cannot work or enjoy life; her life has since been confined to surgery and recovery.

Gomez’s attorney, John Hart, claims that his client’s situation is not one of happenstance. “This is not a circumstance where the surgeon accidentally nicked the pancreas,” he told Star-Telegram. “That is not what happened. It wasn’t a slight mistake. He went in and took out half of the pancreas.”

“You think of a doctor as God and that he’s going to fix everything,” Gomez said. “And he did the reverse.”

What to do When Medical Malpractice Happens to You

Gomez, fortunately, has a skilled attorney by her side to help her through this complex and trying time of her life. Hopefully Hart and his legal team can achieve justice for Gomez in the form of a monetary award that is enough to help her rebuild her life. Hopefully you and your loved ones never find yourselves in the same situation that Gomez and her family is in, but if you do, know that you have legal rights, and that a compassionate and experienced Dallas medical malpractice attorney can help you fight for them. Do not let such gross negligence go unpunished, and reach out to the team at Udeshi Clark and Associates to start building your case today.

(image courtesy of Piron Guillaume)

Who is Liable in an Elevator Accident?

Elevator accidents are not all that common, and most elevator injuries occur during the maintenance phase and not when passengers are actually in the cars. This is because elevator technology is so refined that elevators are one of the safest modes of transportation. However, just because elevator accidents do not occur all that often does not mean that they never occur. Occasionally, a poorly maintained or wrongly installed elevator will malfunction. When this happens, it typically results in serious injury to the passenger or passengers. Some such injuries include broken bones, head injuries, emotional trauma, and even debilitation. If you or a loved one was injured in an elevator accident in Dallas, and if you want to seek justice for your injuries, contact the elevator accident lawyers at Udeshi Clark and Associates to learn more about your rights and how to win the compensation you deserve.

Determining Liability in Elevator Accidents

Determining legal liability in an elevator accident is not as simple as one might think. While most people would assume that the building owner is responsible for injuries, that is not always the case. After all, the building owner just houses the elevator; the elevator company and its maintenance crew are responsible for ensuring that it works properly. However, if the building owner refuses to invest in elevator maintenance, then he or she could be held liable.

When something goes wrong with an elevator and serious injury occurs, an investigation is required. Investigators want to know what went wrong: Was it a failed component or faulty design that led to the accident, or was it lack of or poor maintenance that ultimately caused the incident? Was the building owner informed of a possible issue or given a warning that if a component was not replaced or repaired, that the car would cease to operate? If the product or any of its components was defective, the injured party may bring a claim under the theory of product liability. However, if the building owner or maintenance team are to blame, the victim may bring a suit under the theory of negligence. Most successful elevator injury claims begin with a negligence claim.

Product Liability Vs. Negligence

Product liability claims are a bit more difficult to win than negligence claims. This is because in order to win a product liability claim, you must be able to show that there was something either inherently wrong with the product’s design, that there was something wrong with a component (in which case, you would need to pinpoint the component and show how said component was flawed), or that the marketing materials failed to include information regarding the use of the product (which likely would not apply in an elevator injury case). If the design was flawed, you would need to be able to show where in the design process the flaw occurred.

With negligence, on the other hand, you may only need to show that maintenance did not occur when it was supposed to, or that a warning went unheeded. In either instance, this could be a matter of simply recalling logs and old documents.

Hire an Experienced Dallas Elevator Accident Attorney to Help

If you were injured in an elevator accident, do not try and prove the claim on your own. Not only may you accidentally file under the wrong theory, but also, your case may not be as clear-cut as you might think. To increase your odds of winning your claim and obtaining a fair settlement, reach out to the Dallas elevator accident lawyers at Udeshi Clark and Associates for legal assistance today. Call our office or schedule an appointment online.

(image courtesy of Jorgen Haland)

Expunging a Criminal Record in Dallas, Texas

If you have a criminal record in Dallas, you know better than most how much of an impact the past can have on your future. From trying to get a job to trying to rent an apartment, everything is made exponentially more difficult with a criminal history. Fortunately, if your crime was not too severe and if an actual conviction did not occur, you may be able to erase said past and move forward with a bright and positive future.

At Udeshi Clark and Associates, our Dallas criminal defense lawyers are dedicated to helping accused individuals fight for their freedom. In some instances, doing just that may come after the trial. If you want to clear your record and improve the outlook of your future, contact our law firm today.

Types of Cases That Qualify for Expunction

In Texas, if you receive an expunction, any records of your arrest would be destroyed and you would be legally allowed to deny that an arrest ever occurred on any rental applications, employment questionnaires, or in a civil court. In short, you could get your life back.

That said, not every case is entitled to expungement. Expunction only applies to cases in which there was no conviction. If any of the following applies to your case, you may be eligible for expunction:

  • Your case was dismissed;
  • Your case was 'no-billed' by a grand jury;
  • You were found not-guilty by a jury;
  • You were convicted but later pardoned; or
  • Someone else was arrested while impersonating you without your knowledge.

The details of expunction and what types of cases are and are not eligible can be found under Art. 55.01. Right to Expunction.

Deferred Prosecution and Deferred Adjudication Cases

In Texas, there are deferred prosecution and deferred adjudication cases which result in neither a conviction nor a “not guilty” verdict. A deferred prosecution case is a type of dismissal case that typically occurs when a person with a clean criminal history has been charged with a class A or B misdemeanor for a non-violent offense. In such a case, the judge may dismiss the charge entirely. If this happens, the defendant’s case qualifies for expunction.

Deferred adjudication refers to cases in which the judge decides that probation may be sufficient punishment in place of jail or prison time. In these types of cases, probation replaces conviction. For this reason, an expunction is only optional for Class C misdemeanors, the least severe of all crime types. If you were charged any other type of misdemeanor or any level of felony, and if the judge determined that deferred adjudication was a suitable punishment, you would not be eligible for an expunction.

Retain the Help of a Dallas Expunction Lawyer

At Udeshi Clark and Associates, our Dallas criminal defense lawyers understand how devastating an arrest, criminal charge, or almost-conviction can be to your life, and we want to help you pave the way for a brighter future. If you were charged with a misdemeanor or felony in Texas that did not result in a conviction, you may be able to wipe your arrest record clean and start over. To learn more about how we can help you do just that, reach out to our Dallas criminal defense team today.

(image courtesy of Tim Graf)