personal injury

March 24, 2020 Attorney Kevin Madison Comments Off on US Soldiers Finally Given Right To Sue Dangerous and Incompetent Military Doctors

US Soldiers Finally Given Right To Sue Dangerous and Incompetent Military Doctors

AS OF JANUARY 1, 2020, MILITARY SERVICE MEMBERS CAN BRING MEDICAL MALPRACTICE CLAIMS AGAINST NEGLIGENT MILITARY DOCTORS©

By Attorney Kevin R. Madison, J.D., E.M.T.

On December 19, 2019, President Trump signed the National Defense Authorization Act. This landmark legislation overrules the US Supreme Court decision in Feres vs. United States that had barred, for 70 years, active duty military service members from suing military doctors for medical malpractice.

Prior to Congress passing the National Defense Authorization Act 2020, active duty military personnel were not allowed to sue the Federal Government or Military Doctors if they were injured, disabled or died as a result of medical malpractice while serving their country, on active duty.

In 1950, the U.S. Supreme Court issued a “land-mine” opinion in Feres v. United States, when it held armed service members had no legal right to make legal medical malpractice claims under the Federal Tort Claims Act for physical injuries. The Court stated “the relationship between the Government and members of its armed forces is ‘distinctively federal in character,’” and that the federal government did not “create a new cause of action dependent on local law for service-connected injuries or death due to negligence.”

This case, known commonly as the “Feres Doctrine” has precluded and barred active duty military service members and their family members from being able to sue military doctors for medical malpractice and even gross medical malpractice, even in cases where an inept military doctor removed the wrong organ, caused injury, permanent disability, or even the death of a soldier patient. This right to sue grossly incompetent doctors who maim or kill their patients is a right that all US citizens have but was denied to active duty military service members.

The protections afforded (by the Feres Doctrine) to incompetent and dangerous doctors who practiced in military hospitals used to attract these substandard physicians who had been repeatedly sued, reprimanded by state medical licensing boards, and barred from private hospitals. These incompetent doctors, who had been run out of the private sector, had a”green light” to practice in military hospitals without fear of any legal consequences.  Soldiers who were injured, maimed, or killed as a result of medical malpractice, by military doctors, could not sue them. The military hospitals became “safe havens” for incompetent physicians and surgeons.*

The National Defense Authorization Act 2020 became effective on January 1, 2020. Now military service members are allowed to bring medical malpractice claims against Department of Defense doctors and other health care providers, thus, finally affording them the same rights the public at large has enjoyed for years.  The new law, however, does not allow service members to sue military hospitals (run by federal government), but at least they can assert claims against dangerous and incompetent Department of Defense doctors.

NOTE:

*I am an EMT and have served without pay as a volunteer firefighter and EMT for over 12 years. My wife is a RN and served in the US Army for 6 years. My father, Dr. Leonard Madison, MD. Served in the Army-Air Force during WWII. After the war, he served for 50 years as a physician and professor of medicine at UT Southwestern Medical School and the Dallas VA Hospital. I would also add that this article’s reference to inept doctors and health care providers is by no means a reflection on the majority of fine doctors and nurses serving in military medical facilities throughout the world. We should honor and cherish them. Incompetent military doctors, who endanger our active duty members of our military, should be drummed out.

If you or a loved one in the military feel you may have a medical malpractice claim, please contact my law firm for a free consultation. We respond to all emails and calls 7 days a week. All cases are handled on a percentage fee basis contingent upon obtaining a recovery for our clients. If we do not obtain a settlement for our clients, they don’t pay us a penny. No hourly fees, no cash retainer. Free consultation via telephone and email. We handle cases throughout Texas and can refer and/or work jointly on cases throughout the US. Tel: (512) 708-1650 or email: kevin@kevinmadison.com.

November 23, 2019 Attorney Kevin Madison Comments Off on Settlement of Case Against Houston Minister for Sexual Exploitation of Member of Congregation

Settlement of Case Against Houston Minister for Sexual Exploitation of Member of Congregation

Just settled a case against a Church Minister in Houston for sexually exploiting a member of his congregation. Case settled for $50,000. My law firm has successfully settled dozens and dozens of Sexual Exploitation cases against Doctors, Psychiatrists, Family Therapists, Ministers, Rabbis, and Priests, similar to this. All of our sexual exploitation, sexual abuse, and sexual harassment cases are handled on a contingency fee basis. If we obtain a settlement for our client then we are paid a percentage of that settlement. If we are unable to obtain a settlement, our clients don’t pay us a penny. In short, our attorney’s fees are paid by the defendants. There are no retainer fees or hourly fees. Call or email us for a free confidential consultation. Call (512) 708-1650 or email me at kevin@kevinmadison.com. We accept cases throughout the State of Texas and Tennessee. www.kevinmadison.com.

Help for patients sexually exploited by their Doctors and Therapists.

Check out my You Tube video on what patients should do when they are sexually molested or exploited by their doctors, psychiatrists, or therapists.  We also sue lawyers, priests, and others who abuse their positions of trust in our community and prey on women and men.

https://www.youtube.com/watch?v=dOsBqfKtjUc

September 7, 2018 Attorney Kevin Madison Comments Off on $50,000 JUDGMENT AGAINST AUSTIN CPS INVESTIGATOR

$50,000 JUDGMENT AGAINST AUSTIN CPS INVESTIGATOR

JANE DOE VS SID JOHNSON
C-1-CV-18000015
TRAVIS COUNTY COURT AT LAW #2

On August 27 I tried a case in front of Travis County Court at Law Judge Shepperd. Case was against an Austin Child Protective Services (CPS) Investigator who had been sexually harassing a woman he was “investigating” on very thin allegations.

We alleged and proved that defendant made lewd statements to her during a home visit and texted her a disgusting lewd pornographic photo from his personal cell phone.

Judge Shepperd found that we had proven our allegations by a preponderance of the evidence and awarded a judgment for $50,000 for actual and punitive damages for my client.

Child Protective Services terminated this man as an employee as well.

Sexual harassment Case Against North Texas Doctor

Attorney Kevin Madison settled a sexual harassment claim against a North Texas doctor for the sum of $25,000.00.

SETTLEMENT OF STD NEGLIGENT TRANSMISSION CASE

SEXUAL HARASSMENT/EXPLOITATION ATTORNEY KEVIN MADISON JUST SETTLED A CLAIM AGAINST A TEXAS MAN WHO INFECTED HIS SEXUAL PARTNER WITH HERPES VIRUS FOR $150,000.00.   At the Law Offices of Kevin R. Madison, P.C., Attorney Kevin R. Madison has settled cases throughout Texas for Intentional, Reckless, and Negligent Transmission of Sexually Transmitted Diseases (Herpes Simplex Virus) for amounts that range from $25,000 to over $160,000. Although the most common STD claims are usually Herpes Simplex Virus (HSV) claims, we handle all types of sexually transmitted disease claims, including: Herpes, HIV, AIDS, Hepatitis, Human Papillomavirus (HPV), Genital Warts, Gonorrhea, Syphilis, Pelvic Inflammatory Disease (PID), and Chlamydia.  Call for a free telephone or office consultation. (512) 708-1650. All consultations are held in the strictest of confidence. We have a female Registered Nurse on staff for those who prefer to discuss their case with a female medical provider.

SEXUAL HARASSMENT AT WORK

Sexual Harassment at Work (copyright 2017)

Sexual Harassment occurs when an employer, supervisor, or co-employee makes unwelcome sexual advances, requests for sexual favors, or unwanted physical contact that is offensive or lewd.

Employees have the legal right to assert sexual harassment claims against their employer based on sexual harassment and sexual discrimination at the workplace if the employer fails to take corrective action or violates a mandate contained in federal or state regulations.

These cases are brought under the 1964 Civil Rights Act, Title VII. The complaint is filed by an individual or their attorney with the Texas Workforce Commission or the Federal Equal Employment Opportunity Commission (EEOC). Claims pursued against employers under the 1064 Civil Rights Act can only be investigated and pursued if your employer has 15 or more full-time employees. The first question a labor law attorney will probably ask you is, “how many full-time employees does your employer have.”

What do employees do when they work for a small business or just one boss? At my law firm, we do not handle EEOC cases. We do not have to worry about the onerous time reporting limitations, some as short as 180 days, and 15 employee threshold requirements of federal and state civil rights laws.

We pursue sexual harassment cases against employers, business owners, and high-level supervisors using Common Law (case law not statutes). Case law that comes from our English Justice system. For hundreds of years, England and America have recognized the legal right of an assault victim (physical assault with bodily injury and even offensive touching) to sue their assailant.

In cases that involve groping, touching, or outrageous intentional lewd conduct, we assert a claim of “civil assault” against the offender. Civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue business owners and upper level management (President, Vice President, CEO, Directors, etc.) who sexually harass and physically assault an employee. Some examples of illegal conduct by an employer or a high-level supervisor include:
• Repeated unwelcome comments of a sexual or lewd nature to an employee
• Sending lewd or pornographic emails, text messages, or voicemail to an employee
• Unwelcome groping or touching of an employee
• Unwelcome kissing of an employee
• Sexual assault of an employee
• Requesting sexual acts from an employee
• Describing sexual fantasies about an employee to that employee

In Texas, it is illegal for an employer to even touch an employee in a manner that would be considered offensive or provocative by a reasonable person.

We have obtained monetary damage recoveries against doctors, lawyers, business owners, and others who have molested their employees by kissing their employees, touching their employees’ buttocks or breasts, and even lewd and lascivious behavior, such as making repeated and unwelcome lewd comments of a sexual nature.

Send any questions you want answered to: kevin@kevinmadison.com.  There is never a fee for a confidential telephone or email consultation at my law firm.

Attorney Kevin R. Madison

Invasion of Privacy Case Settlement in Dallas, Texas

The law Offices of Kevin R. Madison just settled an Invasion of Privacy case in Dallas against a Perpetrator who attempted to take video recording of our Client partially undressed. Confidential 5 Digit settlement!

We handle Invasion of Privacy cases, like this, throughout Texas, always on a percentage (contingency) fee basis. Never a retainer and never an hourly fee. If no recovery obtained, the client does not pay us a penny. All consultations are held in strictest of confidence and female nurse on staff. Telephone consultations available 7 days a week.

Attorney Kevin R. Madison

Tel (512) 708-1650

 

Suing Your Employer or High-Level Supervisor for Sexual Harassment

Suing Your Employer or High-Level Supervisor for Sexual Harassment

Sexual Harassment occurs when an employer or supervisor makes continued unwelcome sexual advances, requests for sexual favors, or unwanted physical contact that is offensive or lewd. At The Law Offices of Kevin R. Madison, P.C. we vigorously pursue cases against employers and high-level supervisors who sexually harass employees. Mr. Madison has pursued business owners, doctors, psychiatrists, lawyers for sexually harassing their employees.

Kevin R. Madison pursues sexual harassment cases against employers, business owners, and high-level supervisors using state laws that prohibit unwelcome touching (“assault by contact”) and outrageous conduct that causes serious emotional distress (“intentional infliction of emotional distress”), rather than using federal Equal Employment Opportunity laws that prohibit sexual harassment.

In cases that involve groping, touching, or outrageous intentional lewd conduct, Mr. Madison pursues the predators using Texas statutes and causes of action recognized by Texas appellate courts (case law). Civil charges of Assault by Contact and Intentional Infliction of Emotional Distress are utilized to pursue those who sexually harass their employees.

Some examples of illegal conduct by an employer or a high-level supervisor include:

  • Repeated unwelcome comments of a sexual or lewd nature to an employee
  • Sending lewd or pornographic emails, text messages, or voicemail to an employee
  • Unwelcome groping or touching of an employee
  • Unwelcome kissing of an employee
  • Sexual assault of an employee
  • Requesting sexual relations from an employee
  • Describing sexual fantasies about an employee to that employee
March 11, 2017 Attorney Kevin Madison Comments Off on CIVIL TORT CLAIMS FOR PHYSICAL ASSAULT, SEXUAL ASSAULT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

CIVIL TORT CLAIMS FOR PHYSICAL ASSAULT, SEXUAL ASSAULT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

CIVIL TORT CLAIMS FOR PHYSICAL ASSAULT, SEXUAL ASSAULT & INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

There is a movement across the United States to seek redress for assaults and sexual assaults in civil courts. Although we are all too familiar with the criminal justice system as a system of redress for victims of sexual assaults, many victims remain unaware that they may have a viable cause of action for monetary (money) damages against sexual predators in the civil justice court system. These civil actions are becoming more common in courts throughout the U.S.   I was the first attorney in Travis County to file a civil lawsuit against a rapist and obtained a judgment of 1.5 million dollars around 1987. My experience and training as a police officer, police chief, and prosecutor helped shaped my destiny as an advocate for victim rights in the civil justice system.

Why file a civil lawsuit against the perpetrator of a sexual assault or the owner of the premises where a sexual assault took place? There are several answers to this question. I think, foremost, that by initiating civil litigation against a perpetrator, a crime victim can help regain her or his feelings or balance and control over their environment. Sexual and physical assaults can cause emotional scars that leave a victim feeling as if they have lost control of their lives. If a crime victim can get out of the “role” of “victim” they may be able to regain a feeling of independence and control over their own life again. This redemption or catharsis may be the most important of all reasons for pursuing civil litigation against a perpetrator.

Other reasons for pursuing civil litigation against predators include, but are not limited to:

(1) Exposing individuals who commit these crimes to the public through media coverage and press releases;

(2) Seeking money damages to assist the victim in obtaining medical and psychological counseling;

(3) Obtaining information about the predator or dangerous premises that may help law enforcement or criminal prosecutors prevent future attacks.

Before one considers going down the path of civil litigation, a conference with an attorney who is well-versed in crime victim law and inadequate security litigation should occur. Beware of attorneys who advertise in the yellow pages or television who claim to be “experts” in personal injury and intentional injury (tort) law. Most attorneys who advertise on TV or in telephone directories have little or no network of former clients for referrals and practice a high-volume “mill” law practice.

Crime victim cases and inadequate security cases are much different than automobile collision personal injury cases. Most lawyers are wholly unequipped to properly investigate these cases and do not understand how to prosecute these civil cases. They do not understand the nature of these cases, the elements of proving these cases, or how to utilize litigation “tactics” to win these cases. There are only a handful of lawyers in the United States who understand these cases. My background as a security supervisor of a 28 story co-ed college dormitory shopping mall complex (Dobie Center in Austin), 4 years street experience as a police officer, experience as a prosecutor, coupled with 25 years litigation experience and 18 years judicial experience give me a unique advantage over other attorneys in this area of law. I am also a licensed EMT-I and have served as a Firefighter/EMS First Responder for 5 years with Austin EMS. I understand the emotional and physical trauma that criminal predators inflict on their victims.

What kind of cases might a crime victim be able to pursue?

  • DATE RAPE
  • SEXUAL ASSAULT BY KNOWN PERPETRATOR
  • SEXUAL EXPLOITATION AND SEXUAL ABUSE BY DOCTOR, THERAPIST, OR CLERGY
  • SEXUAL ASSAULT BY UNKNOWN PERPETRATOR ON PRIVATE PROPERTY (PARKING GARAGE, SHOPPING MALL, NIGHTCLUB, APARTMENT COMPLEX)
  • INCEST
  • SEXUAL HARASSMENT WHICH INCLUDES UNWANTED TOUCHING

An experienced attorney should be able to discuss statutes of limitations which bar civil lawsuits from being pursued if a plaintiff delays too long after the cause of action accrues. For example, a victim of a simple assault by touching has two years to bring her lawsuit against the perpetrator. More serious assaults even ones that cause death are limited to the two-year limitation period (See Texas Civil Practice & Remedies Code, Sec. 16.003). The same limitation applies to a civil cause of action for “Intention Infliction of Emotional Distress” against a perpetrator. I use Intentional Infliction of Emotional Distress claims when I am dealing with non-violent assaults like the office supervisor who is groping on his subordinate female employees and making lewd statements to them. I sued an Austin doctor using simple assault and intentional infliction of emotional distress for a young UT student who was being groped and harassed by this doctor, who employed her. The jury came back with a verdict of $15,000 actual mental anguish damages and a punitive damages award of $30,000 against the doctor.

For Sexual Assaults and Aggravated Sexual Assaults the limitation period is extended to five (5) years (See Texas Civil Practice & Remedies Code, Sec. 16.0045). These include sexual assaults of children and elderly, and sexual assaults where a deadly weapon is utilized or threatened. It is important to note that in all cases involving children that the limitation periods do not begin running until the child turns 18 years of age and becomes a legal adult.

There are specific statutes that address Sexual Exploitation of a Patient by a Health Care Provider. Chapter 81 of the Texas Civil Practice & Remedies Code (TCPRC) addresses these crimes and provides some special damages, such as recovery of all attorneys’ fees for these victims, but it is important to note that the limitation period for these offenses is only three (3) years!  These cases include sexual assault and consensual sexual relations between therapist/doctor and patient and may include exploitation of former patients. TCPRC,   Chapter 81 defines Mental Health Service “Providers” as including: Licensed Social Workers, Chemical Dependency Counselors, Licensed Professional Counselors, Licensed Marriage and Family Therapists, Clergy, Physicians, and Psychologists. These Providers are Liable to Patients and Former patients for damages for sexual exploitation if the patient or former patient suffers a physical, mental, or emotional injury caused by, resulting from, or arising out of:(a) Sexual Contact Between patient and Provider; (b) Sexual Exploitation of patient by Provider; or (c) Therapeutic Deception of patient by Provider. TCPRC, Section 81.005(a) states that: It is NOT a defense that the sexual exploitation of the patient or former patient occurred: (1) with the consent of the patient; (2) outside the therapy or treatment sessions; or (3)  off the premises regularly used by the mental health services provider for therapy or treatment.

A civil judgment against a sexual or physical predator who intentionally (willfully and maliciously) assaults another cannot be discharged by a bankruptcy court. Title 11 of United States Code, Section 523(a)(6) states that a discharge normally allowed under the federal bankruptcy code (for civil judgments) does not discharge an individual debtor from any debt for a willful and malicious injury caused by the debtor.

Unfortunately, the most important factor for an attorney when deciding whether to accept a crime victim case may hinge on whether the perpetrator has any significant assets. Without assets to seize, there is little point to justify the expense and time to pursue civil litigation against the perpetrator. When meeting with potential clients I discuss this matter fully with the client. Every case is different. There is never a charge to discuss a case at my law firm. All cases that are accepted are solely on a percentage fee of the total amount we are able to recover for our clients plus expenses. However, if we are unable to obtain a positive benefit for our clients, the client does not owe us a penny, not even our costs.  We have a female Registered Nurse for our women clients who are more comfortable discussing their case with another woman.

Yours very truly,

Attorney Kevin R. Madison

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