Criss Law Group Blog

Last month, a jury in Boston Massachusetts awarded over $16,000,000.00 to a plaintiff, after a radiologist failed to diagnose the plaintiff's mother with lung cancer from an x-ray the doctor had taken a little over 18 months before the patient died. This case begs the question: could a similarly-large verdict be assessed against a doctor here in Texas?

This question is one that is frequently asked in estate planning. A medical power of attorney in Texas is a signed paper that allows you to assign your right to make medical decisions for yourself to another person if you are unable to make such decisions at that time. There are many such circumstances wherein you may not be able to make such important medical decisions, such as a critical illness or injury that leaves you unable to communicate or make relevant medical decisions for yourself. Without such documentation, a hospital or physician may not know which loved one or relative you would have wanted to make your important medical decisions when you could not do so yourself. That is why having a medical power of attorney is so important in your estate planning process.

This question is one that is frequently asked in estate planning. A durable power of attorney in Texas is a signed paper that allows you to give your right to make business and final decisions, either temporarily or permanently, for yourself, to another person if you are unable to make such decisions at that time either due to illness, disability or some sort of incapacity. Such document will include, among other things, the name of the individual whom you are appointing as your agent, an alternate for such position, as well as a listing of what powers you are wanting to give your agent. The durable power of attorney document requires your signature before a notary or someone else who is lawfully authorized to administer oaths.

The Best Interest of the Child, Not Moms versus Dads

One of the most common misconceptions which I encounter as a family law attorney in Texas is the idea that the law favors mothers over fathers in issues of child custody. Often, both mothers and fathers expect that Texas courts will automatically give a mother primary possession of children. This belief, however, is misplaced. In fact, Texas law forbids courts from considering the gender of the parents in deciding who will be awarded primary custody of a child. See Tex. Fam. Code Sec. 153.003.