Aulsbrook Law Firm - July/August 2023

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JULY/AUGUST 2023

I COME TO FIGHT. I DON’T BARK. I BITE! WWW.THETEXASLAWDOG.COM 817.775.5364

OUR FIRM WENT TO DISNEY ORLANDO! WORK HARD, PLAY HARD

Our firm recently took a group of our top goal achievers to Disney Orlando. We set a stretch goal for revenue in 2022, and these team members worked hard to help get us there. If you don’t know, a stretch goal is a goal you set for your team that is extra ambitious and it really pushes everyone to grow. That being said, we aimed big and crushed it! To qualify for the trip, you had to significantly contribute to the annual goal, which meant having a starting date with the firm before June 1, 2022. Those who qualified were able to bring a spouse or friend as well as their kids. It probably goes without saying, but we all had a blast!

We landed on a Thursday afternoon, got checked into our rooms at the Coronado on Disney grounds, and were in our first park by 2 p.m. that day. We started in Hollywood Studios. Rise of the Resistance was everyone’s favorite ride there. Even if you aren’t a “Star Wars” fan, it’s a must if you ever visit. In my opinion, the Fantasmic show at Hollywood Studios was not only the best attraction at that park but my favorite thing for the whole trip. The nighttime show combines classic Disney characters, pyrotechnics, water, and color. We all enjoyed watching Mickey Mouse battle villains and show how powerful he really is.

The next morning, we all had breakfast together in Magic Kingdom with Winnie the Pooh, Eeyore, Piglet, and Tigger too! Then, everyone was off to explore Magic Kingdom. We managed to hit all the top attractions and had a great day. Tron was everyone’s favorite ride at Magic Kingdom. We also had hopper passes that allow you to visit multiple parks in one day, so Alison and I hopped over to Animal Kingdom that afternoon. Saturday, we were in Epcot. The new Guardians of the Galaxy ride was everyone’s favorite. Alison and I had set up our times on Tron so we could ride it

back to back using our Genie Plus and Lightning Pass perks. I’m glad we did; this was the best ride! We also did all the top attractions around Epcot, including eating around the world. The kids’ faces were priceless as they experienced everything Disney Orlando had to offer. The adults had some pretty amazing facial expressions too! Thanks to the team for all their hard work in achieving the goal, and we look forward to the next team adventure! –Matt Aulsbrook

A referral is the greatest compliment you could ever give us! If you know someone in need of our services, we are eager to help. Please pass this newsletter along and tell them to call 817.775.5364 or visit TheTexasLawDog.com/contact-us. Thank you!

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WHEN DOCTORS FAIL PACK YOUR LUGGAGE WITH EASE All About Medical Malpractice in Texas SUITCASE HACKS YOU NEED

Whether you’re a packing perfectionist or a last-minute folder, learning a few more special tricks for stuffing your suitcase with your travel essentials can’t hurt! You’ve probably already heard about rolling up your clothes into cylinders or buying packing cubes, so here are four other game-changing packing hacks. Stuff your shoes! If you’ve ever had to sit on your suitcase just to zip it shut, this tip is for you. Shoes can take up a serious amount of space in luggage. That’s why you should try stuffing whatever you can in your shoes to ensure you pack everything you need. Socks and smaller garments are perfect for rolling up and putting in your shoes. If you’re bringing boots, that means more space for your belongings! Use solids and cling wrap to avoid spills. There’s nothing worse than opening your luggage in your hotel to find that your shampoos and other liquids have burst and stained half of your wardrobe. Surprisingly, countless brands offer solid shampoos and conditioners. Instead of large bottles of liquid, these necessities are made into compact, solid bars. If you do have fluids you need to pack, try covering them with cling wrap or putting them in zip-lock bags to ensure nothing spills on your other things. Sneak more clothes in a pillowcase. Play it cool when you pass TSA with a pillowcase stuffed with extra clothes! Don’t worry, this hack is entirely legal and perfect for those who like to shop when they travel. Be sure to pack a zipped pillowcase in your luggage so that if you have too many clothes on your return trip, you can stuff them into the pillowcase and bring it with you on your flight.

When we visit our doctors with a problem, we trust that they’ll always do whatever is necessary to help us and only act with our best interests in mind. But unfortunately, this isn’t always the case. Medical malpractice is the third-leading cause of death in the United States, with at least 250,000 deaths yearly due to medical errors. Many injuries related to medical malpractice have high associated costs for recovery. So not only are they a victim of malpractice, but they’re also faced with mountains of bills to pay.

In Texas, malpractice cases typically fall into three categories:

• Failure to Diagnose: This type of malpractice occurs when a doctor or other health care professional fails to diagnose a patient with the proper medical condition or diagnoses them with a condition they do not actually have. • Negligent Treatment: In this type of medical malpractice, a doctor, nurse, or other health care professional makes a mistake that an otherwise competent doctor would not have made. In these malpractice cases, the victim must prove that the doctor was “willful and wanton” in their negligence and dismissal of the patient’s needs, not simply making a mistake. • Failure to Warn: This last form of malpractice occurs when a doctor or medical professional fails to warn a patient of known risks to courses of treatment. This includes surgery, medications, therapies, and other treatments. If a doctor fails to warn a patient of these risks or doesn’t receive their consent to proceed and proceeds anyway, they have committed malpractice.

Medical malpractice can often result in injuries to the victim, either during or after surgery or treatment. Common injuries include:

Utilize your sunglasses case.

• • • •

Deformities

• • • •

Nerve damage

Even if you are traveling in winter, always make sure to bring a pair of sunglasses — not for the shades themselves, but for the compact case! You can use this sturdy case to store jewelry, electrical cords, or delicate souvenirs. While traveling can be a dream come true, cluttered or overstuffed luggage can be a nightmare brought to life. On your upcoming summer vacation, ensure you’re using your space efficiently to keep your sanity with these hacks!

Sepsis

Back injuries

Knee injuries

Spinal trauma and paralysis

Infection

Brain damage

If you believe that you or someone you love has been a victim of medical malpractice, you can expect that the doctor involved will have a legal team with extensive experience in fighting back against these kinds of cases. That’s why you deserve an attorney with a strong understanding and experience with these claims and who would not back down in protecting your rights. At Aulsbrook Law Firm, that’s exactly what we do every day. You can call our experienced team at 817.775.5364 for a consultation to learn more about how we can bring a case forward together.

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Join the Fight Against Medical Malpractice! 4 Tips to Safeguard Your Health

Become an informed advocate for yourself. While we can’t all be doctors, we can do our part to research our medical conditions, treatment options, potential risks, and benefits. That way, if a doctor recommends something you’ve never heard of or seen adverse side effects for, you can immediately raise a red flag and ask about it. Also, don’t hesitate to ask your doctor for clarification or detailed explanations about recommended treatments or medications. You have a right to know everything that happens to your body and make informed decisions about your care. If your doctor makes you feel bad or nervous about asking questions, it might be time to find someone new. Always practice open and honest communication. Sometimes, what we discuss with our doctors might feel embarrassing or private, but it’s important that you always divulge everything to your doctor so they can understand your unique circumstances and make the best decisions for your care. Doing this also helps avoid any possible miscommunications or misunderstandings that could result in negligence. Keep organized and detailed medical records. Don’t rely on your doctor to take or keep notes for you. You’re always allowed to take notes during your appointments and request copies of any records your doctor has about you. This includes medical reports, test results, and prescriptions. These documents can help obtain second opinions and serve as evidence should negligence occur.

July is Medical Malpractice Awareness Month, created by the National Medical Malpractice Advocacy Association (NMMAA) to raise awareness of medical malpractice and help end the immense harm this type of injury causes. Unfortunately, there is nothing anyone can do to completely eliminate their risk of becoming a victim of medical malpractice, since the occurrence relies so much on the health care professional providing the care. However, there are four things anyone can do whenever they visit the doctor to lower their chances of becoming a victim of medical malpractice. Research your health care providers carefully. Before visiting a doctor or specialist, it’s important that you research them thoroughly. Look for board-certified doctors with plenty of patient reviews and extensive history in whatever health concern you’re seeing them for. You can visit CertificationMatters.org to find out if your doctor is board-certified. Texas-Size LAUGHS

Following these crucial steps will help you or someone you love potentially avoid becoming a victim of medical malpractice in the future!

GRILLED STEAK SALAD WITH PEACHES

INGREDIENTS

• • • • • • •

1 lb skirt steak, fat trimmed 1/4 cup balsamic vinegar 1 clove garlic, minced 1 tbsp light brown sugar

• • • • •

1/4 cup extra-virgin olive oil

1 large lemon, juiced 6 cups baby arugula

2 ripe peaches, thinly sliced 1/3 cup crumbled blue cheese or feta

1 tbsp vegetable oil

Kosher salt

Black pepper

DIRECTIONS

1. In a large resealable plastic bag or baking dish, combine steak, vinegar, garlic, and brown sugar. Marinate 20 minutes at room temperature. 2. Remove steak from marinade, coat with vegetable oil, and season generously with salt and pepper. 3. On a grill or pan set to high heat, cook steak until desired doneness. Rest 5–10 minutes, then thinly slice against the grain. 4. In a small bowl, whisk olive oil and lemon juice to make dressing. Season with salt and pepper. 5. In a large serving bowl, add arugula, peaches, blue cheese or feta, and steak. Drizzle with dressing and gently toss.

Inspired by Delish.com

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CLIENT MEME

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

WWW.THETEXASLAWDOG.COM 817.775.5364 424 E. LAMAR BLVD. #200 ARLINGTON, TX 76011

INSIDE Our Team’s Disney Adventure 1

The (New) Art of Summer Packing

A Complete Guide to Medical Malpractice 2

Become Your Own Advocate!

Grilled Steak Salad With Peaches 3

You Can Write a Contract on a Napkin!? 4

Cases We Handle: • Personal Injury • Wrongful Death

• Car Wreck • Truck Wreck

for a contract to go into effect — all that is needed is for all parties to agree to the terms outlined in the document.

What about court cases regarding contract disputes via text or email? Over the past few years, several legal disputes have happened regarding if a text or email is considered a legitimate contract. For example, in the 2013 case of Forcelli v. Gelco. Gelco Corporation’s insurance company offered Forcelli money to settle a case — this correspondence happened through email. Forcelli agreed to the settlement but tried to back out once the matter was resolved. The New York Appellate Division determined that emails were legally binding. In the 2017 case of St. John’s Holdings, LLC v. Two Electronics, LLC , St. John’s Holdings (seller) sent multiple text messages to Two Electronics, LLC (buyer) asking them to sign a letter to finalize their deal. After a few attempts, the buyer responded to the text and agreed to the terms and conditions. However, the seller later informed the buyer that they had accepted an offer from another party. When this issue went to court, the judge determined that since both parties agreed on the terms and conditions via text, it was a binding contract. So, what is needed to make a contract legally binding? You need four elements: 1) an offer, 2) an acceptance of the offer, 3) consideration, and 4) both parties agreeing to create a binding relationship. Because technology constantly evolves, we must understand how it can affect us from a legal standpoint. If you have any questions or concerns, allow us to assist you. Give our office a call anytime!

In the legal world, many firms rely on technology to communicate with clients. Processes and daily tasks have become seamless with the help of laptops and phones. But as tech continues to evolve, we must change how we view specific processes and legal steps. When most people hear about contracts, they think of formal agreements between two parties, usually involving lawyers. However, a contract can be a text, email, or napkin! Here’s what you need to know. What is a contract? A contract is a written or verbal agreement between two or more parties regarding exchanging items or services. Under the ESIGN Act, text messages and emails are considered legally binding. Furthermore, no signature is required

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