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Orange County Wrongful Death Law Blog

Serious injuries for pair involved in California accident

Sadly, at least one more person has been killed on California roadways. A man and his female passenger were both hurt when their motorcycle crashed into the back of a car in Carlsbad. Little is known about the accident, aside from the serious injuries suffered by both individuals, but this recent news story continues to develop. 

The incident occurred on Friday, Oct. 13 in the California town. The new model motorcycle was traveling on Rancho Santa Fe road, in the area north of Camino de los Coches. For an unknown reason, the motorcycle struck the back of a car, which resulted in the injuries for the two motorcycle riders. 

Medical malpractice could be increased by gender bias

When people go to see a doctor, they hope to receive respect, care and the doctor's full attention. People like to trust that their doctor takes their concerns seriously and utilizes the appropriate testing and diagnosis methods in order to best treat the patient. Unfortunately, some research shows that women can sometimes fail to get proper diagnosis or treatment because of gender bias by physicians. Perhaps greater awareness will improve the medical malpractice rates of physicians in California and beyond. 

A 2014 Johns Hopkins study found that women are 30 percent more likely to be misdiagnosed when suffering from a stroke in the emergency room. Most autoimmune disorder sufferers are women. Research by the American Autoimmune Related Diseases Association revealed that it took an average of four doctor visits over a span of three years to get an autoimmune disorder diagnosis. 

Serious auto accident leaves California family dead

An unfortunate incident on a freeway resulted in the deaths of three people. The serious auto accident was made even more newsworthy by the fact that it was caused by a police officer alleged to be under the influence of alcohol. The California freeway incident affected three cars total and left several victims in its wake. 

On Sept. 26, an off-duty police officer was alleged to have been speeding in the carpool lane. He rear-ended a car carrying two parents and their son in that lane, and he also rear-ended another vehicle in the neighboring lane. The first car burst into flames and the family was trapped inside. They were not freed from the car in time to save their lives and were pronounced dead at the scene. 

California woman wins product liability lawsuit

Now is a time of major historic verdicts involving large corporations and dangers associated with the items they provide. Cases have involved the medical, food and personal care industries. Recently, a California woman has won a product liability lawsuit against talcum powder maker Johnson and Johnson, claiming it contributed to her cancer. 

The woman was diagnosed with terminal ovarian cancer. She claimed the ovarian cancer was linked to her many years of using Johnson and Johnson talcum powder. On Aug. 21 of this year, it was announced that she had won her lawsuit and was awarded $417 million. 

Three car accident in California traps one

A moment of distraction can cause major damage, especially when the highway is concerned. One woman is learning this lesson after the accident that caused the injuries of two other women in California on September 18. The car accident resulted in one woman becoming trapped in her vehicle after being struck by another. 

The 25-year-old driver of a car pulled onto an exit and did not notice the cars stopped in front of her. She rear-ended another car driven by a 23-year-old woman. The collision caused the 23-year-old's car to be sent into traffic, and it was struck on the driver's side by another car. This one was driven by a 49-year-old woman. 

Can a wrongful death concern be forced into arbitration?

Most people, if they come into a situation where they are harmed by another individual or agency, are able to use the legal system to try and get justice served on the matter. Unfortunately, large companies like nursing homes often try to force individuals to give up the right to sue and instead sign an arbitration agreement. In the event of a wrongful death in a nursing home, the family of the person may have to enter arbitration, which some experts find usually favors the nursing home. The California attorney general, along with 14 other attorneys general, consumer groups and others have recently come out in support of allowing individuals their right to sue. 

The Centers for Medicaid and Medicare Services (CMS) has announced that they intend to roll back legal protections for individuals in nursing homes. Previous rules maintain that senior care homes receiving federal funding must not force the residents into arbitration agreements. CMS and proponents of the change maintain that this process allows for a speedy and fair resolution of problems without putting an undue burden on care providers. 

Orange County man injured after serious auto accident

A recent crash has injured a local man. The incident occurred in Orange County and resulted in a vehicle entrapment. The serious auto accident only injured one person, although others were involved. A local news story gives more detail about this unfortunate incident. 

On Monday, Aug. 28, three vehicles were involved in a collision at a busy intersection. The crash occurred early in the morning at approximately 7:48 a.m. Luckily, an off-duty firefighter happened to be at the scene and was able to provide fast, efficient help by giving appropriate reports to 911 responders. Two men in a gardening truck, and one other woman refused medical treatment at the scene. 

Wrongful death case of California woman equals big fine for home

A care facility has a duty to provide needed care to residents. One California nursing home has received the most severe fine possible related to an incident in which a woman died due to lack of regular medical attention following a surgery. The nursing home is being held responsible for her wrongful death due to several failures on their part. 

The woman was a resident of the home for two years. She went in to get a shunt installed for her dialysis treatments. After returning from the surgery she was placed in bed. She was found dead in her bed the next morning. Even though the nursing records stated that her vitals signs were checked, it was revealed that they were not and that the documents were falsified. 

California car accident injures ten-year-old girl

An early morning incident left one home in ruins and a ten-year-old girl in the hospital. The California resident was injured when a car crashed through the wall of her home and ejected her into the back yard. The car accident is not the first for this family home, and the family wants the driver to be held accountable. 

At approximately 7 a.m. on August 18, a female driver lost control of the vehicle she was driving and crashed through a bathroom and two bedrooms of the family's home. She continued through the other side of the home, into the backyard, and into another home before finally coming to rest. Alerted by the sounds of the accident, the mother of the child went searching for her and eventually found her in the backyard.

Will ADHD diagnoses lead to medical malpractice suits?

There is some controversy in the medical community about Attention Deficit Hyperactivity Disorder (ADHD). Some critics argue that the illness is overdiagnosed, and that some children who are diagnosed with it actually do not and should instead be considered gifted. The medicines prescribed to individuals with ADHD have been shown to be addictive and lead to permanent changes in the brain. Will some California doctors then be charged with medical malpractice if a non-ADHD child becomes addicted to ADHD drugs? 

Parallels exist between the gifted designation and the diagnosis of ADHD. Both types of children can be bored, lack focus, have high energy and have problems with authority figures, but the issues of the gifted child are due to a lack of attention to their needs. With increased stimulation, the gifted child may adapt very well. An ADHD child will not be able to focus or adapt well to social situations with the same type of enriched intellectual environment as the gifted child. In such a case, medication may be required.