Wrongful Death

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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What Are The Odds?

One thousand Americans arrive in emergency rooms every day having suffered injury from a dog bite. Approximately one third of all American households own a dog. While most dogs are considered docile and obedient, without proper socialization any dog can be provoked into biting by loud noises, aggressive movement, or threatening situations. It is the responsibility of a dog’s owner to seek proper obedience training and take all necessary measures to ensure that the dog will not attack. If a dog is overly aggressive, and prone to attacking people, it’s the owner’s responsibility to surrender it to an animal shelter.

An attack can happen to anyone, however research shows that children are most at risk. Close to half of those suffering a dog bite injury are children. Dog bite injuries often leave victims physically and emotionally scarred. More serious cases of dog attack have even resulted in death. Medical costs for reconstructive surgery and psychological recovery can be exorbitant, and often beyond the financial means of the victim. That’s when the law steps in.

If You Are Bitten

It’s extremely important to identify the animal that bit you. If for some reason this is impossible, you face the probability of having to submit to painful treatment for rabies. Additionally, if you were attacked by a dog, or any animal being kept by a person, you are almost certainly entitled to compensation from its owner. Depending on the severity of your injury, that compensation may well be needed to pay the medical costs of reconstructive surgery, reimburse you for lost income, and help you overcome psychological trauma from your injuries. Next, seek medical attention as quickly as possible. If your face is wounded, insist on being treated by a cosmetic surgeon, as appearance will matter to you and emergency room personnel aren’t always trained in this specialty.

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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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Sadly, a Russian man was killed in a skydiving accident in Perris, California. The man was attending a two week training camp for experienced skydivers who want to learn more about multi-person skydives. Based on a Southwest Riverside News Network article, people from 29 countries were scheduled to attend the camp.

The man crashed into another skydiver during a multi-person jump. He was an estimated 40 or 50 feet above the ground when the collision occurred as he was trying to land. The collision caused his parachute to collapse immediately. Upon the parachute’s collapse, he fell to earth.

The wrongful death victim was an experienced skydiver. He was one of a group of 30 skydivers who jumped out of two separate airplanes. An employee of Perris Valley Skydiving, the instructional facility where the victim was training, told reporters that the victim probably lost sight of a few people while he was skydiving, and being aware of surroundings is the most important aspect to skydiving. Two skydives with 100 skydivers each was scheduled for the following weekend after the camp.

Wrongful death accidents are tragic mainly because they are unexpected incidents that change lives forever. Losing a loved one due to another person’s negligence is not only emotionally traumatic, but such a loss may also contribute to unplanned financial strain and other challenges.

If you have lost a family member in an accident that you believe was caused by someone else’s negligence, you should contact an experienced legal team for help as quickly as possible, as you may be entitled to compensation for your loss. The experienced Northridge wrongful death attorneys at The Mandell Law Firm are ready to assist you today. Our firm has a wide range of experience obtaining successful outcomes in a variety of personal injury accident and wrongful death cases. Please contact us today by calling 818-866-6600 for a free consultation.

A 73-year-old woman was fatally hit by at least seven vehicles around 6:15 a.m. on March 15, 2010 while attempting to cross Pacific Coast Highway in Malibu, reported Fox 11 News Los Angeles. The woman was attempting to catch a bus when she was struck by a northbound vehicle and flung into the southbound lane, where she was hit by at least six other vehicles. In addition to the driver who initially hit the victim, only two of the vehicles stopped. The woman died from her injuries. The highway was closed for about six hours during the investigation and during peak traffic hours. No arrests were made.

Pedestrian fatalities in California, like these, are all too common in the United States. In these particular accidents, the pedestrian has the disadvantage and often suffers grave injury and even death. Deadly car accidents can be easily avoided with increased awareness from both drivers and pedestrians. Paying close attention to traffic signs and improved vigilance to all surrounding activity can greatly decrease the number of pedestrian accidents.

If you, or someone you love, have been seriously injured in an automobile accident as a result of negligence, you may be entitled to monetary compensation for any financial losses you have suffered as a result. The San Fernando Valley automobile accident attorneys at the Mandell Law Firm have extensive experience litigating these matters and will competently represent your rights. There are no legal fees unless you are granted a settlement. Call (818) 886-6600 for a free consultation with one of our skilled lawyers regarding your case.

Source:http://www.myfoxla.com/dpp/news/local/pedestrian-fatally-struck-on-pch-20100315

A car accident in Rancho San Diego on January 22, 2010 killed one man and seriously injured three others. The crash occurred late Friday afternoon near Steele Canyon High School on State Route 94. Two of those injured are students and the third is an 18-year-old former student. The man killed was in his early 50’s.

Although the rain had stopped, the road was still wet at the time of the crash. The former student, driving eastbound in a Mustang, crossed the double-yellow line and collided head-on with a Dodge Caravan. The driver of the Mustang was also transporting a 16-year-old female student. The man driving the Dodge Caravan died on the scene, while his 17-year-old son was injured.

The highway patrol reports that there is no indication that drugs or alcohol were involved with the accident. However, speed was a factor as the Mustang was traveling at about 80 mph when the collision occurred. Speeding when road conditions are poor instigates car accidents and is often considered negligent behavior. Drivers have a responsibility to abide by the speed limits and drive safely in poorer conditions.

Unfortunately, auto accidents are a common occurrence, and they can be tragic for families when wrongful death or serious injuries ensue. If you or a loved one has suffered traumatic personal injury from an auto accident, contact the skilled Simi Valley car accident attorneys at the Mandell Law Firm. Our lawyers are dedicated to representing victims of car crashes in Southern California and can help you receive maximum compensation for your damages and injuries. Call today at (818) 866-6600 for a free consultation.

Source:http://www.signonsandiego.com/news/2010/jan/22/one-killed-accident-near-steele-canyon-high-school/?imw=Y

A 19-year-old man driving a Mini Cooper ran a red light, clipped one car and violently struck the side of a minivan at the intersection of Highway 37 and Lakeville Highway near Novato, California. Sadly, all four members of the family in the minivan were killed instantly. Police believe the man was driving between 70 and 90 miles per hour. According to the article from the San Jose Mercury, there is no evidence that drugs or alcohol played a role in the crash.

The three occupants of the first car hit were taken to a hospital in Novato for their injuries. Two medical helicopters were called to the scene to aid the 19-year-old and the victims. The perpetrator suffered life-threatening and severe brain injuries before ultimately dying at Santa Rosa Memorial Hospital the following day. The four deceased were identified as a 45-year-old man, a woman, 42, and their two children ages eight and five.

The National Highway Traffic Safety Administration reported that 42,643 people are killed in auto accidents each year. In California, there are 4,215 (almost 10% of the national average) fatalities from traffic accidents. Furthermore, speeding caused over one third of these fatal accidents. Traumatic brain injuries also affect one million Americans each year.

Head trauma and brain injury affects victims and their families beyond the reaches of the accident. If you have suffered a traumatic brain injury due to someone else’s negligent and reckless driving, contact a skilled San Fernando Valley brain injury lawyer who can answer questions about your claim. At the Mandell Law Firm, we may be able to help you and your family recover compensation for your injuries and any related damages. Our knowledgeable attorneys have dedicated many years to helping our clients obtain the maximum monetary compensation for damages and injuries. Call our offices today at (818) 886-6600 for a free consultation.

Source:http://www.mercurynews.com/search/ci_13889126?IADID=Search-www.mercurynews.com-www.mercurynews.com

According to lacrossetrdibune.com, Sheriff investigators are trying to determine the cause of a recent deadly accident that involved a school bus traveling with 9 students on board. Fortunately no one on the bus was injured, as said by Thomas Simonson, Kickapoo School District Administrator. The children’s ages ranged from 4 to 15 and they were on their way to their first day of class. After being checked out by the emergency personnel on the scene, it was determined that they were unharmed and could continue on their way to school. The bus had made a stop to pick up more students when it was hit from behind by an SUV. Vernon County sheriffs reported the accident happened at approximately 7:10 am and the driver of the SUV was age 51.

The United States employs approximately 450,000 school buses to transport children to school each day. There have been many cases of injuries and deaths related to school bus accidents, including children being struck or run over by the bus, rollovers, and collisions. In most cases, Los Angeles bus accidents involve school buses in particular, but a significant percentage of accidents also occur on city buses and affect not only children, but adults of all ages. According to the Federal Transit Authority, the total number of bus accidents in the United States has risen dramatically in recent years with a corresponding rise in injuries.

The San Fernando Valley auto accident attorneys at the Mandell Law Firm are very concerned about recent trends in bus accidents and other auto accidents around the country and especially worried about bus accidents involving children occurring on our congested Southern California streets and highways. If you or a loved one has been injured in an auto accident, the experienced lawyers at the Mandell Law Firm may be able to help you receive compensation to offset medical and other expenses. Please call us today at 1-818-886-6600 for a free consultation.

Source:http://www.lacrossetribune.com/news/local/article_f700e54a-9710-11de-aa53-001cc4c03286.html

Another extremely sad story of a teenager who apparently purposely sat or jumped in front of a passing Caltrain was reported on the sfgate.com website. The teenager was a girl, age 13 and the accident happened on the East Meadow Drive track crossing in Palo Alto. Christine Dunn, Caltrain spokeswoman, stated that the accident happened at 10:45 pm and that it looks like it was on purpose. Dunn also told reporters that a suicide note was found on the scene but gave no further details.
Dunn said, “This is a very sensitive issue.”

The same spot has tragically seen two other 17 year olds take their own life but Dunn refused to call them suicides. The first accident happened on May 5 and the second on June 2.

Dunn pointed out that Caltrain has posted signs in the area where the accidents are taking place, with a suicide prevention hot line number and that they are engaging with the public to establish if something more can be carried out to halt these terrible deaths.

Due to the high volume of trains in use, train accidents have become increasingly regular occurrences in the United States today. Although transportation has evolved since the inception of the train, mistakes made by drivers or train part defects can contribute to accidents, among many other influences. We all know that trains are a cost-effective means of moving people, goods, including hazardous materials, across the country. However, this does not stop trains from being involved frequently in accidents that critically injure passengers and other non-suspecting persons.

At the Mandell Law Firm, our Chatsworth Metrolink train accident lawyers understand that the recent spate of train accidents has Southern Californians concerned. The Mandell Law Firm has the experience and knowledge that is required to effectively pursue all types of personal injury cases, including train injury. We will thoroughly investigate every aspect of your claim while the evidence is still fresh. If you have been injured, please call the Mandell Law Firm today at 1-818-886-6600 for a free and confidential consultation.

Source:http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/23/BATA19CFHF.DTL&type=printable

The FAA is investigating what went wrong when a plane carrying a man and a woman flying in a Cessna 152 went down in Hesperia killing both its occupants, the latimes.com reported. The tragic accident happened approximately at 11:15 in the morning. The plane had originally departed from Redlands and the destination is not known. According to authorities, it was the impact that must have been the cause of death due to the fact that the plane did not burst into flames.

The Cessna 152 can accommodate two people and was first introduced to the public in 1978. All Cessna planes are built at the Wichita, Kansas factory except for a few which are designated with an F. In 1985 Cessna halted production of their light weight aircraft which meant the end of the Cessna 152.

A myriad of circumstances can cause an aviation accident, but regardless of the cause, an accident involving an aircraft is almost always fatal.

At the Mandell Law Firm, our San Fernando Valley airplane accident lawyers understand that every accident has a cause, and we are devoted to discovering the facts around a catastrophic incident. The airplane accident attorneys of the Mandell Law Firm are dedicated to helping you recover maximum monetary compensation for damages and injuries resulting from your airline or aviation accident.

If you live in the San Fernando Valley area and have had to deal with the tremendous loss of a beloved family member due to an airplane accident, you should contact the experienced lawyers at the Mandell Law Firm. We will help you win a fair and just settlement. Please call 1-818-886-6600 for a free consultation of your case.