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.

Pharmaceutical injury falls under a type of product liability in which a person is injured as a result of using or ingesting a medication. This might be an unfavorable or even tragic outcome resulting from proper and prescribed use of a medication, or from improper or negligent application of a medication. Prescription drugs can be defective, tainted, improperly labeled, or improperly prescribed. If negligence or errors result in personal injury or damage to a user, those parties who conducted themselves in a negligent manner may be found legally liable and financially responsible for the injuries or damages incurred.

Know Your Options

If suspicion exists that you or a loved one was injured because a health care professional deviated from established standards of care, you may have grounds for legal action. In order to prove this occurred, an expert witness, with the proper education and knowledge to prove this element, may be needed. The testimony of an expert witness can make or break a case. Regulations vary from state to state. In California, the statute of limitations requires that a claim must be brought within three years from the date of the alleged malpractice.

The state’s medical review commission must first review any claim of medical malpractice. A claim that wins will typically receive compensation for pain and suffering, payment of medical expenses for treating the injury which was caused as a result of the malpractice, and reimbursement for past, current and future financial losses that were incurred as a result. Compensatory damages include financial, emotional, and psychological harm, such as loss of vision, limb, or organ, and/or the reduced enjoyment of life due to disability. You may also bring action for loss of a loved one as well as severe pain and emotional distress. A malpractice claim is not applicable if an injury results even though the doctor followed the standard of care. The burden of proof lies with the plaintiff and his attorney.

We’re Here to Help

When considering a claim for injury resulting from the use of a drug, or from malpractice on the part of health care professionals and facilities, 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 learn more about your legal rights pertaining to a pharmaceutical or malpractice claim, contact Robert Mandell at The Mandell Law Firm in Northridge. 818.886.6600.

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.

“Dog Bite” Law in California

Those who own, harbor, or keep a dog may be held liable for payment or compensation if it harms a person, a domestic animal, a farm animal, or even causes damage to property. California is a strict liability state. This means that a dog owner is liable for injuries inflicted by his dog upon a human being, even if the owner was not negligent and the dog had never bitten anyone prior. Therefore, the dog owner is almost automatically liable. Generally, in the United States, civil laws provide monetary compensation for the victim, criminal laws may impose punishment on the dog owner, and administrative laws provide for remedy against the dog itself.

Assigning Responsibility

Damages arising from harm caused by a dog bite or attack are often covered by homeowner’s insurance, renter’s insurance, motor home owner’s insurance, condominium owner’s insurance, landlord’s insurance, or another form of insurance provided by the dog owner. However, if insurance is inadequate or does not exist on either side, the dog owner is usually held responsible for paying damages out of pocket.

On the other side, the typical defenses against dog bite claims are that the victim may have provoked the dog or was illegally on the property. It may be alleged that the victim was in some way negligent, or even willfully assumed the risk. Or, that the victim was an experienced canine professional and is deemed to have consciously assumed the risk. When the victim is a child, a parent may be held to have been negligent and failed to properly supervise the child, therefore causing the accident.

Seek Legal Advice from a Personal Injury Attorney

The Mandell Law Firm, in Northridge, is an aggressive personal injury and wrongful death law firm serving clients throughout the San Fernando Valley, the Greater Los Angeles area, and Southern California. Experienced and reputable, our attorneys provide hands-on care and sincere commitment to victims of accidents, including dog bites and other animal attacks. If you or a loved one has suffered from a dog bite or animal attack, contact Laurence Mandell for a free consultation at 818.866.6600.

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.

What are my legal rights?
An attorney will protect your rights while representing your best interest during negotiations. Personal injury attorneys offer representation to clients who have claims for physical and psychological harms resulting from the negligence or wrongdoing of another person or organization. The rights to these claims must be protected. For instance, while most personal injury cases must be filed in court within two years of the accident, other tort cases have more complicated deadlines, some much sooner. There are other important deadlines which can affect your rights. Personal injury lawyers are familiar with these deadlines and can take the appropriate steps to preserve the remedies available to you.

Will you be the attorney working on my case?
Many firms have junior associate attorneys working on cases, so ask to meet the entire team who will be handling your case. Be sure to select an attorney with whom you feel a comfortable professional rapport, who is willing to listen to your needs, and provide legal solutions.

What are my financial obligations?
Most personal injury attorneys work on a contingency fee basis, and will receive a portion of the proceeds (typically around 33.33 percent) once the case is resolved. Find out what fees the attorney normally charges, and if you will be held responsible for any out-of-pocket expenses, such as costs of litigation. The amount of compensation can vary widely, and will normally depend on the severity of the injury and other factors, such as liability concerns and available insurance.

If You Have a Question

The personal injury attorneys at The Mandell Law Firm are ready to answer these, and any other questions you may have regarding your personal injury, wrongful death, medical malpractice, or other case. For more information or to make an appointment at their Northridge office, contact Robert Mandell at 818.866.6600.

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.

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

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

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

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

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 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.