Medical Malpractice

Part One of a Two-Part Series

Being injured is never something to take lightly. Even if you are minding your own business, your life can be permanently changed in an instant. You would like to think that the party responsible for your injury would be willing to make things right, but sadly, you’ll find that most of the time you would be wrong.

If you’re injured by an individual, as in an auto accident, he will turn the matter over to his insurance company to handle. If your injury is the result of an error or carelessness on the part of a company, corporation, or other public or private entity, they will not only have an insurance carrier on their side, but may also employ legal counsel whose mission will be to diminish or deny responsibility altogether, and find legal grounds on which to contest your claim.

In this two-part series you will learn:

• What constitutes personal injury
• After your injury – what to do and what not to do
• Why you should hire a personal injury attorney
• Finding the right attorney
• What you may be entitled to recover

What Constitutes Personal Injury

By definition, personal injury means that you have become injured as a result of the actions of another person or an entity. These actions can be intentional or unintentional. If the action was unintentional, then the burden of proof rests on you to prove that the other party is responsible for your injury. Proof must be by a majority, which means at least 51 percent of the blame can be placed on the offending party.

If you are injured due to the intentional act of someone, for example in a robbery, you are still able to pursue the individual separately from the criminal act. Even if they are not convicted of a crime, they can still be held liable for the injuries that they inflicted upon you.

Although automobile accidents are the leading cause of personal injury in the United States, there are many other categories where personal injury law will apply. For example, the injury can be due to a defective product, a contamination, an accident at work, or even a medical mishap or error.

Each state has its own statute of limitations that gives the victim a window of opportunity to file a claim against a responsible party. These time periods vary and can be as short as one year and as long as six. The clock starts either from the date that the injury occurred, or the point at which the origin of the injury could be determined. But just because there is a statue of limitations in place does not mean that these time frames are always set in stone. In some instances, extenuating circumstances can increase these limits. A personal injury attorney will recognize if these circumstances apply to your case.

After Your Injury: Dos And Don’ts

The time immediately following an injury is very traumatic. You’re focused on the seriousness of your injuries and you often can’t work. Will you be able to return to your job? Will your health ever return to normal? There may also be a pressing worry over money. How much will this injury cost? Will insurance cover it? How long will you be out of work? How will you pay your bills? The list goes on and on…

The first thing to remember is not to panic. Even though you have been placed in this predicament, you do not have to deal with this alone. You need to hire the services of a personal injury attorney. They specialize in these matters and they know how to work their way through the system in order to get you fairly compensated. You should never attempt to take on this kind of responsibility by yourself. There is simply too much riding on the outcome.

Never talk to an insurance company, a representative of the defendant, the defendant, or anyone else about your claim. Any information that you release has the potential to be used against you in your case. And never, ever sign anything. In part two we’ll begin with why you would be wise to consult a personal injury attorney as soon as possible after your injury.

In the Meantime …

If you’re considering a claim for injury resulting from accident or negligence, it’s important to work with a personal injury attorney who is knowledgeable and experienced in this field, and who has demonstrated a determination to fight for his or her clients.To arrange a free consultation, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.

You’ve Been Injured. What Next?

Personal injury cases are based on the premise that someone was injured by the act of another person or entity. If you find yourself in this unfortunate situation, you should seek out a top personal injury attorney who can fight for you and your rights. Since these cases are not necessarily clear cut, it is rarely advisable for you to go this alone.

When pursuing your personal injury case, the first thing on your list should be finding a good attorney. Even after you have narrowed down your choices, you still need to do a little research in order to make sure that he or she will be the right fit for you. This means looking for reviews from other clients, complaints, and even pending lawsuits that may have been filed. The Better Business Bureau is a great place to find this kind of information.

The Face to Face Meeting

You will next want to set a meeting with your attorney. Here, you will discuss the details of your case to determine if you do, in fact, have a viable claim. This is when your attorney will instruct you on what can be expected through each step of the process. This is also the time that your attorney will instruct you as to what will be expected of you. This will include any information you may have, the facts of your case, contacts who can help to verify your case, and any other information pertinent to your claim. The defendant’s attorney will also be contacting your attorney to swap information material to the case.

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What Constitutes Medical Malpractice?

When a physician deviates from the applicable standards of care that other physicians would exercise under the same circumstances, this is potentially a case of medical malpractice. To succeed with such a claim in court, a plaintiff must prove breach of the standard of care (a mistake that a prudent and reasonable doctor wouldn’t have made under the same circumstances), causation (proof that the injury wouldn’t have occurred or have been as serious if it wasn’t for the doctor’s mistake), and damages (in the form of lost wages, medical bills, agony, mental suffering or death).

Demonstrating proof of malpractice almost always requires the testimony of an expert witness in the same field of practice as the alleged negligent health care worker. In addition to bringing action against a negligent doctor in such a case, through the doctrine of vicarious liability, claims can also be brought against hospitals, nurses, and any other health care professionals who may have had a part in the negligence.

Pharmaceutical Injury

Annually, thousands of patients are injured, and even die, due to complications and negligence that result from errors in treatment.These may include medication errors, surgical malpractice, bacterial infections, birth injury, dental malpractice, errors in diagnosis, wrong site surgery, gastric bypass errors, breast implant complications, emergency room mistakes, elder abuse, nursing home neglect, and a variety of consequences resulting from pharmaceutical mishap.

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Know What to Do Next ~

In the United States, someone suffers a traumatic brain injury (TBI) every 15 seconds. A TBI is the most frequent cause of disability or death among children and adolescents, according to the Brain Injury Association. Approximately five million head injuries occur every year, and most result from what appears to be only a bump or bruise to the head, but is actually quite a bit more serious.

What Are the Symptoms?

Any head trauma has the possibility of also causing injury to the brain. A head injury can be suspicious for brain damage if the following symptoms are present: unconsciousness, headache, convulsions, dazed expression, drowsiness, vomiting, memory loss or amnesia concerning the injury, as well as unequal pupil size. In addition, more obvious symptoms can include a bloody nose or bleeding from the ear without any noticeable fractures or cuts. Following a head injury, it is important to keep close tabs on any changes and be prepared for questions such as, “When did this change begin?” Try to recall specifics surrounding your fall or accident and when your first noticed impairment. For example, if you’re feeling anxious or disoriented, what do you think may have brought this on?

Brain Injury Checklist

Take a look below at these common changes, including personality, neurological, intellectual and psychological impairments following a head injury.

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The First Five Questions ~

Personal injury cases range from auto accidents to medical malpractice to product or premises liability to other torts resulting in catastrophic injuries. The commonality amongst all of these cases is that a legal duty was breached which resulted in harm and caused financial, physical and emotional distress. In such situations, it is important to select a seasoned attorney who is aggressive, committed and dedicated to empowering you and your case. To find the right legal counsel, here are 5 important questions to ask an attorney:

Do you specialize in personal injury cases?
Select an attorney dedicated to practicing injury law. You will receive access to a network of industry-specific experts, an attorney who is well-versed in this discipline and one who possesses a true passion for his area of specialty. This allows an attorney to focus dedicated resources and expertise on a case. If you are the victim of a personal injury, a claim will generally entitle you to damages, including past and future medical costs, lost income, and compensation for pain and suffering.

How many cases like mine have you taken to trial or settled?
This answer is indicative of an attorney’s level of experience and skill set as well as knowledge of cases similar to yours. Also, ask about the attorney’s success rate record with trials vs. out-of-court settlements. Most tort cases settle prior to trial. Those that don’t are presented in court to a judge or jury who will determine and award damages. The attorney should have a track record of winning cases which are similar in nature to yours, as well as resolving them through negotiation. It’s also important to have the attorney explain recommendations, based on details of your case.

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San Fernando Valley medical malpractice lawyer Robert Mandell of The Mandell Law Firm obtained a $2.25 million verdict for a patient who suffered an anoxic brain injury during eye surgery. The case, Tseng v. Mazzocco Ambulatory Surgery Center, established that the Ambulatory Surgery Center was negligent in allowing the anesthesiologist to leave the sedated patient unattended and with nurses who were not trained or licensed to care for a patient who had received anesthesia.

During trial proceedings for the San Fernando Valley eye surgery malpractice case, Mr. Mandell described how both the Ambulatory Surgery Center and the anesthesiologist were aware that the plaintiff was diabetic and had a severe, preexisting kidney disease. Nevertheless, the anesthesiologist left, and was permitted to leave by the Ambulatory Surgery Center, the surgery room after the patient was given anesthesia. As a consequence, the patient suffered an anoxic brain injury because no one knew that he had a reaction to the anesthesia and went into a deeper state of sedation than was intended, causing him to be deprived of oxygen.

What is even more shocking about this particular case is that it was proven that the anesthesiologist has a history of leaving sedated patients in the surgery room with nurses who are not trained or licensed to monitor or assist patients who have received anesthesia. In addition, Mr. Mandell helped prove that the Ambulatory Surgery Center knew about and allowed this to happen on many occasions before.

In committing over 30 years to protecting the rights of those harmed by another person’s negligence or oversight, Mr. Mandell and his legal team at The Mandell Law Firm continue to help individuals and families obtain compensation for pain and suffering, lost wages, medical bills, and other damages. To learn more about the firm, visit http://www.mandellaw.com/ or call 818-886-6600 if you have questions about your particular medical malpractice or personal injury case.

When a patient visits a doctor or other healthcare professional, a high level of trust is given to them by the patient. If the doctor makes a mistake, the consequences can be serious or even deadly, particularly since the patient most likely already has some type of health problem before visiting the doctor.

California medical malpractice can take a variety of forms. The negligence could occur at any point during a patient’s treatment – from discovery of the health problem, to diagnosis, to treatment, or during recovery. Some common medical errors include missing a diagnosis or making an incorrect diagnosis, errors in medication, surgical or hospital errors, birth injuries, and more. Additionally, a medical mistake may be committed by someone other than a doctor – a nurse, therapist, technician, or an aide.

Medical malpractice has occurred if a medical professional breaches their duty to a patient, and results in an injury. In deciding whether a doctor breached their duty to a patient, courts typically consider whether the doctor provided the same standard of care as other doctors in the medical community.

Medical malpractice cases in California can be incredibly complex. In many situations, it’s difficult to tell if malpractice occurred. If you believe you have been the victim of medical malpractice, contact the San Fernando Valley medical malpractice attorneys at the Mandell Law Firm. Our lawyers will work diligently to determine whether negligence occured and will fight to protect your rights. Call today for a free consultation at 818-886-6600 to learn more.

Medical errors are, shockingly, one of the leading causes of death and injury in the United States. Each year, it’s estimated that between 44,000 and 98,000 people die in hospitals each year as the result of medical errors. The U.S. Department of Health & Human Services offers some helpful tips to prevent you from becoming a medical malpractice statistic.

The most important thing you can do to help prevent medical errors is to become involved in your health care. When you are taking medication, make sure your doctor knows about every medicine you are currently taking, as well as allergies you have. Make sure the prescription is written clearly, so the pharmacist does not question what your doctor is prescribing. When picking up your prescription, check with the pharmacist that you are getting the correct drug. Make sure to get instructions on taking the medicine from both the doctor and the pharmacist.

If you require treatment at a hospital, choose a hospital that is known to frequently perform the procedure you are having. Ask all health care workers if they have washed their hands – studies show that if patients ask, the workers wash their hands more often and use more soap. Get clear instructions on what type of treatment you will need when you leave the hospital.

When dealing with doctors, make sure that one person is in charge of your care, and that all healthcare personnel have all important health information about you. If you have a test performed, follow up on the results. Learn more about your medical conditions by asking about it.

If a health care professional has committed an error that led to you suffering injury or a medical problem, you may be able to seek compensation. If you have been the victim of medical malpractice in California, contact the San Fernando Valley medical malpractice attorneys at the Mandell Law Firm at 818-886-6600 today for a free consultation.

A male blood donor from Palo Alto is suing Stanford Hospital and Clinics after developing a severe infection following his blood donation. The donor’s blood type is O-positive, one of the most critically needed types, and he had been giving his blood to the Stanford clinic for ten years before the incident.

The donor developed an infection in April 2008, allegedly caused by the needle stick. He was forced to endure expensive surgeries, including the removal of his collarbone, and endured a long, arduous recovery. According to the victim’s attorney, Stanford helped him initially but stopped when the surgeries got too expensive.

In June 2009, the donor filed a lawsuit against Stanford Hospital and Clinics, alleging medical malpractice and breach of contract. The blood center had assured the donor they would take care of him if something went wrong, yet the center did not cover the expenses of the resulting injuries. The victim’s attorney said the sum that his client will ask for has not yet been determined and will depend on how much Stanford earns from selling donated blood. The case is currently being litigated in Santa Clara County Superior Court.

Medical malpractice is a serious issue and can cause lasting injury and financial burden. Health professionals should be held accountable for all mistakes that harm patients. The Mandell Law Firm is an aggressive Northridge personal injury law firm that has the legal experience needed to obtain compensation from negligent medical parties. If you, or a loved one, have been injured as a result of medical malpractice, contact San Fernando Valley medical malpractice attorney Robert J. Mandell at (818) 866-6600 for a free consultation.

Source:http://www.paloaltoonline.com/news/show_story.php?id=15277

A five year old child was awarded $7.3 million by a Los Angeles jury in a case against Cedars-Sinai Medical Center, the sfgate.com website reported. The hospital’s doctors were found negligent for failing to rapidly determine what was wrong with the baby and for failing to properly treat him for meningitis. The lawsuit had originally been filed in 2005 and alleged that the doctors at Cedars neonatal intensive care were negligent. The trial was held in Superior court where the verdict was unanimous. Sadly though, the child suffered brain damage and will require medical attention for the rest of his life.

Diane Corwin, plaintiff’s lawyer, stated that the award would be deposited in a trust to take care of the child’s past and future medical care.

Simi Singer, Cedars-Sinai spokeswoman, stated she did not have details and was therefore unable to make a comment on the matter.

It is upsetting when medical professionals fail to provide an expected standard of care, especially when infants are involved. Each day, thousands of people see doctors, check into hospitals or rush to the emergency room for treatment for various ailments and illnesses. All too often, we take for granted that the standard of care given by those in the medical field will meet certain expectations. But what about the thousands of people who encounter medical professionals who don’t live up to even the lowest of standards? These individuals are victims of medical negligence also known as medical malpractice.

If you or a loved one believes you have suffered at the hands of a doctor, dentist, nurse, or any other medical healthcare professional in the San Fernando Valley area, the lawyers at the Mandell Law Firm can help you recover the compensation you deserve. These cases can be complicated and you need knowledgeable and experienced Northridge medical malpractice attorneys on your side. Please call the Mandell Law Firm at 1-818-886-6600 for a free consultation.

Source:http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/08/28/state/n214050D89.DTL&type=printable