San Fernando Valley Personal Injury Blog

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Medical Malpractice and Drug Injury

By Robert Mandell on December 6, 2011 - No comments

What Constitutes Medical Malpractice?

Robert Mandell, personal injury lawyer

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.

Read more…

Los Angeles Jury Awards Baby $ 7.3 Million

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

Winner of “Nurse of the Year” is Not a Nurse

A 56 year old woman in Norwalk, Connecticut has been arrested and charged with reckless endangerment and criminal impersonation charges for posing as a nurse in a doctor’s office. The story on the montereyherald.com website reported that the woman had gone as far as to spend $2,000 to throw herself a dinner party honoring her as “Nurse of the Year”. Officials stated that the Dr. believed she was a nurse especially after being named the Connecticut Nursing Association’s “Nurse of the Year” in 2008. The State’s Medicaid Fraud Control Unit received a complaint from a patient which prompted the officials to investigate. Officials say the association does not exist. The woman faces up to 5 years if found guilty.

When we go to the doctor, we expect the most professional care and environment to ensure the best medical attention possible. It already takes a lot for most of us to get into a doctor’s office, and stories like this do not help. Thousands of us visit doctors and check into hospitals everyday and we assume we are in the hands of qualified professionals, providing the highest level of medical care. When medical professionals do not meet these criteria and their patients suffer as a result, they can be found guilty of committing medical negligence also known as medical malpractice.

The Northridge medical malpractice lawyers at the Mandell Law Firm have represented many clients who have been injured due to a medical professional’s negligence. Our skilled attorneys have the experience you will need to take on the often complex cases that ensue when hospitals and doctors are involved. These doctors and institutions must take all required actions to ensure that they are operating a professional and safe business. At the Mandell Law Firm, all efforts will be exhausted to make sure that you and your family are rewarded the maximum settlement for your pain and suffering. If you or someone you know has suffered injuries due to medical malpractice in the San Fernando Valley, please do not hesitate to contact the Mandell Law Firm at 1-818-886-6600 for a free consultation.

Source:http://www.montereyherald.com/ci_13008857?nclick_check=1

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