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Orange County Wrongful Death Law Blog

Victim pursues medical malpractice claim after loss of legs

As most people who have gone under the knife might acknowledge, going to the hospital for surgery can be an unnerving experience. While the majority of California patients come out safe and sound, even a seemingly minor mistake made during surgery can result in serious and life-long implications. One patient who recently underwent surgery is now pursuing a medical malpractice claim against a surgeon that he believes caused his injury.

In an effort to lose weight, the patient was undergoing a gastric sleeve procedure at the Kim Bariatric Institute. This type of operation helps patients shed unwanted pounds by making the stomach smaller, so that the patient can only eat a small amount at a time. Unfortunately, during his operation in 2013, he says that his aorta was severed, triggering a series of serious incidents.

Companies make finding liability in nursing home neglect hard

Deciding to place a loved in a nursing home is rarely an easy decision, and it is often devastating when a family realizes that they can no longer care for a beloved parent or grandparent. However, some of the California nursing homes that families turned to for help may have actually done more harm than good. According to some, the necessary action to protect patients from nursing home neglect isn't being taken.

Among one chain of California nursing homes, the turnover rate for its nursing staff was a shocking 90 percent. Combined with the information that another statewide chain of homes received complaints of abuse seven times higher than other similar nursing homes, the uneasiness and worry that some families might experience when putting their loved in in a nursing home can be understandable. One of the more complex issues that families might be unaware of until it's too late is who actually owns many of these homes.

Lyft vehicle involved in serious auto accident, killing passenger

Ridesharing instead of traditional taxis and public transportation has been popping up across America and may be particularly popular with younger individuals. Popular ridesharing company Lyft helps those who need a ride locate one through the use of their app. Unfortunately, a California man never got to his destination after the Lyft vehicle that he was traveling in was involved in a serious auto accident.

The deadly wreck occurred shortly after a hit-and-run took place. An SUV was struck from behind, causing it to spin out and stall on the Interstate while the driver who struck it fled. Although it's unclear how much time had passed between this and the following event, the driver of a Lyft vehicle had to swerve in order to prevent a collision with the SUV. However, instead of hitting the vehicle, it slammed into a tree, killing one of its passengers.

Medical malpractice caps could change following election results

Inflation's sting may be felt anywhere from the grocery store checkout to a monthly water bill as some California families struggle to make a stagnate paycheck stretch further and further. This ache may be particularly difficult to deal with when it comes in the form of medical bills, especially ones that could have possibly been avoided. While victims of medical malpractice can seek compensation for both their bills and pain and suffering, some argue that the cap on certain damages isn't appropriate for this day and age, and the issue was to be voted upon in the midterm elections on Nov. 4. 

Back in 1975, the state of California put a cap on noneconomic damages in medical malpractice claims. For victims seeking justice for unnecessary pain and suffering, the most they can receive is $250,000. If inflation were taken into account, that figure would stand at $1.1 million. Proposition 46 sought to raise this cap to more accurately reflect the current economic times. 

Many supplements conceal banned defective drug

With claims like "natural" and "healthy," many herbal supplements have infiltrated the lives of California residents. Recent research has indicated that many herbal and dietary supplements may not be as healthy as was originally claimed. Indeed, many may actually be a defective drug and hazardous to the health of those that choose to take them. 

When it comes to published papers in scientific journals, retraction is not a common event. However, that's just what two researchers recently did when they yanked their paper asserting that a green coffee bean supplement could increase weight loss for those in need. While surprising, this is hardly the most notable recent even concerning supplements.

Compensation is possible for a defective medical device injury

Scientific and technological advances have helped provide a vast array of medications and medical devices that can treat anything from an annoyance as simple as acne to a serious disease like cancer. While many of these have helped manage otherwise painful diseases or illnesses for patients in California, not all have acted as they should have. Sadly, a defective medical device can have a serious impact on an individual's life, and in some instances, action may be necessary.

Although some procedures, such as Lasik, may be readily familiar to most readers, how the eye surgery is actually performed may be less clear. For instance, various lasers can be used to perform this often life-changing surgery. However, after one individual chose to use a laser that had not been FDA approved, at least three different patients suffered bacterial infections in their eyes. 

California man accused of nursing home neglect

While the care and well-being of the residents of nursing homes in California should always come before potential profits, some claim that one nursing home owner may have had his priorities backwards. Suspected nursing home neglect may have occurred in dozens of facilities that provide long-term care for the elderly. That man in question actually owns the company Brius Healthcare Services.

Brius Healthcare Services provides the largest number of nursing homes in the state of California. However, in a class action lawsuit, allegations of suspected abuse and neglect point to the claim that the various facilities were usually understaffed. Additionally, the suit alleges that 57 residents were admitted to a nursing home without being informed that the facility was already understaffed. 

Company denies producing defective medical device

It may be difficult for some people in California to imagine a world without any medical errors whatsoever. However, the founder of the organization Patient Safety Movement Foundation set out to do just that. The founder of the nonprofit also happens to be the CEO of a prominent medical device company. Despite the talks of improvement, the FDA has noted that his company, Masimo Corporation, may not be doing everything it can to avoid marketing an unnecessary defective medical device.

Although none of the products have actually been deemed defective yet, there have been various complaints about Masimo products. One such claim stated that a patient suffered toe burns. Another complaint called into question an alarm that may have failed to go off shortly before a patient ended up dying.

Multi-vehicle car accident kills 1, injures another

When multiple vehicles are involved in an accident, determining who is responsible for what injuries can be a complicated task. A recent car accident killed a California man, but only after he'd been involved in two separate collisions. One additional person was injured in the wreck.

Initially, a 23-year-old man's vehicle collided with another vehicle on Route 67. The other driver -- a 24-year-old male -- was pushed into the concrete divider before his vehicle then came to a rest in the far left lane. The first vehicle ended up in a nearby exit ramp.

I think I may be a victim of medical malpractice - What can I do?

If you have been injured while under the care of a physician or healthcare provider, we understand the financial burden of medical bills is only part of the story. Many victims in California continue to suffer both physical and emotionally. While every incident is different, if you feel unsure about whether your injury qualifies for a medical malpractice claim, there are some important aspects to consider.

Within the medical community, certain medical treatments for injuries, diseases or other ailments are considered acceptable and appropriate. While this may vary from patient to patient depending on personal factors, if a healthcare worker deviates from these accepted practices, then he or she may have violated the standard of care. This standard of care is intended to protect patients from receiving substandard or inappropriate care.