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Orange County Wrongful Death Law Blog

California Highway Patrol investigates fatal car accident

At this time of year, a driver could encounter more traffic on the roadways in California and across the nation as people travel to visit family or complete their holiday shopping. Regardless of the time of day or amount of traffic, drivers must remain vigilant and work to protect their personal safety as well as the safety of others they may encounter. Unfortunately, one young woman recently lost her life in a fatal car accident.

The incident happened at approximately 1:30 a.m. one morning on a day in late November. According to reports, a westbound vehicle driven by a 53-year-old man crossed into oncoming traffic. Unfortunately, his vehicle is said to have struck an eastbound vehicle driven by a 20-year-old woman head-on.

Medical malpractice lawsuit seeks $12.5 million in damages

Drug addiction is difficult for families in California and across the country. In addition to the physical consequences, those addicted often face time in jail. Because those in prison are unable to seek medical care on their own, they are often left at the mercy of the corrections center jailing them and the doctors at the jail. Unfortunately, one out-of-state woman claims in a medical malpractice lawsuit that her son, who was battling heroin addiction, died as a result of opiate withdrawal because medical care providers at the jail failed to provide appropriate care.

The 26-year-old man at the center of the case entered the corrections center -- named as a defendant along with the facility's medical care provider and the treating physician -- in Dec. 2014. At the time of his booking, he reportedly notified staff that he was addicted to heroin which he had used within the last 24 hours. Although medical staff claim they initiated their withdrawal protocol, the lawsuit accuses medical staff of failing to recognize that more serious interventions were required.

DUI charges dropped re fatal California car accident

When a family loses a loved one as a result of the negligent acts of a driver, knowing that the responsible party will face criminal charges often provides those grieving some degree of comfort. The families of two people who died in a California car accident in March may also be examining their civil options. While the driver who allegedly caused two fatalities is no longer facing charges of driving under the influence, she is still accused of vehicular manslaughter.

The accident happened on a California highway. Police say the incident involved a southbound sports utility vehicle and a northbound sedan. According to reports, the 19-year-old driver of the SUV swerved into the sedan when she attempted to throw a cigarette out of the window. The 24-year-old driver of the sedan as well as a 19-year-old passenger in the SUV died as a result of injuries suffered in the collision.

Fatal car accident in California leads to arrest

At the end of a work day, there is nothing more appealing to some workers than to unwind at a nearby restaurant. Unfortunately, police say that a man in California was killed in a car accident they believe was caused by a drunk driver as he walked to a nearby pizza parlor. The driver who allegedly caused the accident has since been arrested.

The victim was apparently walking to a restaurant near his place of employment on an afternoon in November. Before he could arrive, however, police say that a 41-year-old driver of a pickup truck ran a red light. The truck reportedly struck a sedan before striking the victim, throwing him into a parked news van.

Woman claims nursing home neglect caused her mother's death

Those in a nursing home in California are often left without a voice. They are reliant on health care providers to ensure that their basic needs are met. Unfortunately, many fall victim to nursing home neglect. One out-of-state woman now claims that nursing home negligence caused her mother's death.

According to reports, the woman's mother had been a resident of the nursing home facility for approximately four years. During that time, she claims her mother fell eight times, often from her bed. Early one morning, she says that her mother was discovered, deceased, on her knees by her bed; her head was resting on her mattress with her chin toward the bed rail.

Serious injuries, multiple fatalities in California crash

Many drivers on California roadways take precautions to ensure that their behavior does not threaten their safety or the safety of those around them. Unfortunately, even a few moments of inattention -- something as simple as changing the radio station or picking up a dropped item -- can cause an accident resulting in serious injuries or fatalities. Police in California are still investigating the cause of an accident than killed 13 and injured several others.

The incident happened at approximately 5 a.m. one morning in late October. Reports indicate that the accident involved a tour bus typically used to transport people to and from casinos. Unfortunately, the bus reportedly slammed into the rear of a tractor-trailer.

Navy member accused of DUI following fatal car accident

Certain activities can put a person's life at risk, such as walking on busy highway or driving over the speed limit. However, most people in California likely feel relatively safe while at a festival located below a highway bridge. Unfortunately, several people recently lost their lives in a car accident involving a vehicle that plunged over a bridge into a crowd attending a festival below.

The incident happened in mid-October. According to reports, a 25-year-old member of the Navy lost control of his pickup truck. As a result, his truck plunged off a bridge, landing on a vendor booth at a festival.

California hospitals plagued by superbugs and wrongful death

Ongoing antibiotic resistance has led to so-called superbugs that are incredibly difficult for patients to fight off. This epidemic causes thousands of annual deaths in California, but many patients remain wholly unaware of the superbugs that plague certain hospitals. In some instances, revealing this type of information might allow a patient to choose a different hospital, ultimately helping his or her family to avoid the pain and suffering a wrongful death can cause.

Not only does the state of California not track any deaths that occur from infections acquired inside of a hospital, but these facilities are not required to report infections of lethal superbugs. Without this information, there is little to stop the spread of these antibiotic-resistant strains. To further complicate the matter, the true cause of death is rarely listed on the death certificate.

Is that a defective medical device? Medicare usually isn't sure

The Centers for Medicare & Medicaid Services -- the CMS -- recently revealed a chilling fact: it has no idea how much money is being spent on defective devices. A single defective medical device can cause profound damage for multiple patients in California, who often must then go on to receive additional care and treatment. Until CMS is sure of how much it spends on related injuries, there likely cannot be any action to curb the impact.

Claim forms that are submitted to health insurance companies do not include medical device information that could be used to identify inherently defective products. Since the CMS never actually sees which devices are used with patients who are adversely affected by them, it has no way of figuring out what it has paid until a device has been recalled. A review of Medicare expenses discovered that seven recalled cardiac devices cost ultimately $1.5 billion in additional care. For the affected patients, that impact totaled up to $140 million worth of copayments.

Nursing home neglect justice is undermined by arbitration clauses

Discovering that a loved one has been harmed while in the care of a nursing home can be devastating, and most families are determined to help their loved ones achieve justice for their injuries. People in California are often surprised when they are told that arbitration is their only option. In the face of overwhelming nursing home neglect and abuse, some might be wondering how these facilities are able to lowball victims and their families by insisting upon arbitration rather than a lawsuit.

Admission contracts for residential facilities are notoriously long, and in some instances can even be upwards of 70 pages or more. When it comes time to sign these papers most soon-to-be residents or their families are already under a great deal of stress and have trouble taking in everything that they are signing. What most people fail to notice is the arbitration clause -- a single clause in dozens upon dozens of pages that require victims of abuse and neglect to arbitrate rather than sue.