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Orange County Wrongful Death Law Blog

Nursing home neglect charges filed, worker pleads not guilty

Allegations of abuse or neglect in California nursing homes typically prompt criminal investigations by authorities. When the allegations are determined to be viable enough to pursue further action, criminal charges may be filed. An out-of-state nursing home employee recently pleaded not guilty to charges of endangering a physically disabled person's welfare, a serious crime that involves nursing home neglect.

The incident that prompted the investigation was captured on a surveillance camera. Police who reviewed the video reported that it showed a 68-year-old nursing home resident being pushed to the floor by the social worker. After that, she reportedly kicked the resident's legs and closed the door to the room where the individual had just fallen. There was no indication that she called for medical help.

Medical malpractice suit successfully navigated by terminal nurse

Workers in the world of health care typically understand the importance of taking a proactive stance towards health and wellness, leading many medical professionals in California to undergo routine or early screenings for serious diseases such as cancer or diabetes. Unfortunately, those proactive steps did not do much to protect a nurse when early signs of her cancer were dismissed. After being given a terminal diagnosis, she filed a medical malpractice suit against the doctor who failed to correctly diagnose her.

Although yearly mammograms are recommended for women beginning at the age of 45, the nurse underwent her first mammogram at the age of 35. Five years later she returned for a second mammogram that revealed concerning calcifications in her breasts. When presented with the results, her doctor dismissed the need for additional testing or biopsies, instead promptly diagnosing the calcification as benign.

Boston Scientific accused of producing defective medical device

Profits typically drive growth and sustainability for businesses, and it is understandable that many companies keep an eye on the bottom line in order to stay afloat. Unfortunately, some businesses in California take extreme and even dangerous measures in order to maximize profits, putting consumers at risk in the process. Boston Scientific was recently named in a racketeering law suit for putting an unprecedented number of individuals who used its defective medical device in danger.

The basis for the class-action suit is the Racketeering and Corrupt Organizations -- RICO -- Act. According to the suit, Boston Scientific knowingly used counterfeit resin in the production of its surgical vaginal mesh product, Marlex. The counterfeit resin was produced in China. Boston Scientific allegedly went to significant measures to conceal its activity and to avoid raising any suspicion with either Chinese or American authorities. The suit likened the company's activities to that of a drug dealer smuggling products.

Fatal car accident sends 3 to hospital in critical condition

California police say the man who caused a recent tragic car wreck was killed in the incident. The car accident left three others with serious injuries, all of whom required hospitalization; they were all listed in critical condition. It is not yet known if any alcohol or illegal substances might have played a role in the accident or whether the driver was simply negligent.

Just prior to the wreck, police say that the driver who caused the wreck was driving at a speed which was over the legal posted limit, although his exact rate of speed was not noted. While heading south, he attempted to make a left turn in front of an oncoming driver who was northbound. However, he did not have enough time to complete the turn, and the oncoming vehicle was unable to stop before the two collided.

Medical malpractice for misdiagnosed tick disease could rise

Securing the correct diagnosis in as timely a manner as possible is part of the key to reaching a successful recovery. California patients rely on doctors to make a fair and accurate assessment of all symptoms before reaching a conclusion concerning their diagnosis, but this is not always the reality which patients confront. Overlooking obvious symptoms or ignoring relevant information can help fuel misdiagnoses and constitute medical malpractice.

Although it is not exactly tick season just yet, the warmer than average winter temperatures have caused some areas to experience a surge in tick-borne illnesses. Lyme disease, the most commonly thought tick-related disease, is already misdiagnosed at an alarmingly high rate, but tick bite sufferers may have even more to worry about. When a diagnosis of Lyme disease is rendered for someone who was bit by a tick, it still might not be the correct diagnosis.

Multiple women claim defective medical device left them injured

No treatment or procedure is without risks or possible side effects, but these effects are inherently different from the devastating injuries caused by a defective or dangerous product. In order to minimize the risks associated with necessary or routine treatments, all devices and tools involved must be effective and free from any dangerous defects that could ultimately cause more harm than good to patients in California. An alleged defective medical device was recently blamed for serious and life-long injuries in a product liability suit filed by two different women.

The device at the center of these claims is a pelvic hammock manufactured by American Medical Systems. Each woman had the mesh pelvic hammock inserted prior to experiencing multiple difficult and uncomfortable injuries associated with the device. In the suit, they each claim to have suffered injuries that are permanent and resulted in an inability to enjoy an otherwise normal life. Their income has also been adversely affected, they allege, on top of the additional medical debt that each woman must now shoulder because of the related injuries. The husband of one of the women joined in the lawsuit and claims that his wife's injuries has caused a loss of consortium.

Online video reportedly depicts nursing home neglect

Physical and medical care are only two of the many important services that nursing homes and other long-term residential facilities provide. Most elderly residents also require the emotional care and support of staff in order to maintain the best level of health possible while also enjoying their last years. In some instances, ignoring the emotional needs of a patient can constitute nursing home neglect.

A California woman had her certified nursing assistant certification revoked while another individual was suspended following a disturbing video in which a patient was reportedly featured. The video, which was taken at a nursing home and later posted online, apparently showed an elderly female patient suffering emotional abuse from two different employees. The resident suffers from dementia and was partially disrobed in the video.

Infection rates and medical malpractice in California

California families who have suffered the untimely death of a loved one in a hospital-related incident understand the gravity of the hospital negligence issue. When medical malpractice causes injury, illness or death to someone who has been entrusted to a hospital's care, the consequences are often devastating. Many patients have died in situations that were entirely avoidable due to medical error or failure to adhere to patient safety protocol.

Reportedly, more than 30 hospitals in another state were among those penalized for infection rates and patient complication percentages that are problematic. Many of the injuries and illnesses patients experienced were said to have been preventable. Proposed penalties involve cuts in Medicare payments under the Affordable Care Act. More than half of the hospitals were already penalized for similar issues last year.

Medical malpractice suit claims careless pacemaker implantation

Medical devices that are implanted in a patient's body are sometimes the subject of serious complications, severe injuries and even death. Where negligence of one or more medical providers is involved in causing serious injuries or death, a claim for medical malpractice may be successful. The negligence principles that govern such cases are generally the same in California and in all other states.

In another state, a man has filed a lawsuit against his medical providers in which he alleges that they botched an effort to recharge his pacemaker and instead carelessly implanted it back into his body. Their negligence allegedly has caused him to undergo several more surgical and intrusive procedures to try and correct the problem. The plaintiff claims that he had to be admitted to several hospitals with pain and pacemaker problems over the two years following the initial negligence.

31-year-old passenger dies in Route 52 car accident

Traveling as a passenger in another driver's vehicle will always be a risk. A California resident died in a recent car accident when he was a passenger in the pickup truck of a driver who lost control of his vehicle. The California Highway Patrol reported that the single-vehicle crash occurred on state Route 52 in the early morning of Dec. 1.

A CHP officer who was at the scene reported that, for unknown reasons, the westbound driver of a pickup truck veered onto the gravel of the center divide. Reportedly, he then overcorrected and traveled across all the traffic lanes before landing upside-down in a ravine. A 31-year-old passenger suffered fatal injuries when he was ejected from the vehicle. His death was declared at the scene of the accident.