california product liability

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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Learning Disabilities, Developmental Issues, and Brain Injury

Consumers have long been aware of the dangers of lead in toys and household items. Laws restricting lead use in items manufactured for children have lowered parental concern about safety issues. Even cheap children’s jewelry and toys are thought to be safer in recent years, but in many instances, lead has been replaced by cadmium in these products.

Cadmium is a toxic metal that holds the number seven slot in hazardous materials ranked by the United States Center for Disease Control. Tests show many of the toys manufactured in China over the past several years contain dangerous levels of cadmium, but Chinese factories may not be alone in their use of the metal. Personal injury attorneys in California, and around the country, are beginning to take note of this issue as strong evidence points to some of these products as causing developmental issues, learning disabilities and brain injury in children.

Associated Press Investigations in Product Liability

In 2010, the Associated Press conducted tests on a variety of jewelry and toys. Over one hundred items were purchased from retailers throughout California, Texas, Ohio and New York. Testing indicated that many of the items contained unsafe levels of cadmium. Cadmium levels as high as 80 to 90 percent appeared in a variety of bracelets and other jewelry for girls. The AP findings sparked a number of recalls based on elevated levels of cadmium.

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Toyota has recalled four million vehicles in the United States in order to replace accelerator pedals. The vehicles being recalled are Toyota’s 2007-2010 Camry and 2004-2009 Prius, America’s best-selling passenger car and hybrid, the 2007-2010 Lexus ES350 and several others. The U.S. government has reported that at least five deaths, two injuries and 100 cases are attributed to the acceleration pedals getting stuck because of faulty floor mats.

According to the National Highway Traffic Safety Administration (NHTSA), the floor mats are slightly longer than normal and could lock or cover the accelerator pedal. The case that shed light on the problem occurred last August in San Diego and involved the deaths of a California Highway Patrol officer and three family members. The accelerator pedal jammed causing the car to reach 120 mph. The vehicle then hit another vehicle, launched forward, rolled several times and ultimately burst into flames. The Japanese company has also extended the recall to Canada for 209,000 vehicles.

Manufacturers are under strict liability for their products and are responsible for any injuries sustained should their items be rendered defective or hazardous. In the above case, the victims’ family is entitled to compensation for wrongful death on four accounts and any other expenses relating to the accident, if a court of law rules that the defective product caused the accident.

If you or someone you love has been seriously injured or affected by Toyota’s defective floor mats, contact an experienced Northridge product liability attorney at the Mandell Law Firm today. Our team of skilled lawyers will discuss your case, explaining your rights to compensation. Call (818) 886-6600 today for a free consultation.

Source:http://www.google.com/hostednews/ukpress/article/ALeqM5gmKb2aKeW8fLflBGV0NNnp582M8Q