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Orange County Wrongful Death Law Blog

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. 

Recently linked to melanoma, Viagra may be a defective drug

While many men in California may have benefited from Viagra, a prescription medication used to treat erectile dysfunction, research has revealed that it may have a deadly side effect. Melanoma, a deadly skin cancer, has been linked to Viagra use. Men who have taken Viagra and then were later diagnosed with melanoma may have a strong platform for a product liability claim against Pfizer Inc., the manufacturer of the potentially defective drug

Although Viagra was approved for use in 1998 by the Food and Drug Administration, research published in a popular medical journal demonstrated a significant link between the drug and melanoma. In fact, men who used Viagra or medications with similar components were nearly 85 percent more likely to develop melanoma than men who did not use it. However, long-term use of the drug was not necessary for the increased risk. Men who took Viagra only once were also at an increased risk. 

1 woman killed in car accident, others injured

A wreck on the shoulder of a California freeway involved multiple vehicles and injuries. Sadly, one person was also killed in the car accident. It is unclear whether the driver that caused the wreck is facing any charges yet.

Shortly before 2 p.m., two pickup trucks that had been traveling together pulled over to the shoulder of 5 Freeway. Part of the group exited the vehicles in order to inspect the ties that they had used to secure a boat and multiple motorcycles. As they were checking everything, the 24-year-old driver of an SUV drifted out of his lane and onto the shoulder, where he struck a female who was standing behind the rear vehicle.

Pursuing a civil claim for nursing home neglect

Nursing homes are often chosen for a parent or grandparent in the hope and expectation that they will be well cared for. Sadly, this is not always the case, and older individuals are sometimes subjected to serious neglect or abuse that can cause both physical and emotional harm. California families who suspect that their loved one may be the victim of nursing home neglect retain the legal right to pursue a civil claim against the nursing home.

For the nursing home to be held liable, a victim or their family must first prove that the duty of care that was owed to the victim was breached. This could be a nurse that did not use the proper treatment concerning a patient, but may also be a failure to maintain the nursing home facility. Secondly, the standard of care must have been violated with respect to the victim.

Son files medical malpractice suit over mother's death

A woman outside the state of California died after allegedly being prescribed multiple medications that did not follow the manufacturer’s recommendations. Her son is pursuing a medical malpractice claim on her behalf both against the prescribing doctor as well as the pain clinic that he worked for. His suit is seeking compensation on both his and his mother’s behalf.

The woman first went to the pain clinic in March 2012, where she met with the doctor in question and reported issues with pain. After that initial visit, her son claims that she was prescribed 13 medications, including highly addictive painkillers like OxyContin. In total, she was prescribed over 900 pills from her various medications.

Woman may have been high during serious auto accident

Sadly, a California man died after another vehicle apparently ran a red light recently. The serious auto accident involved multiple vehicles and also caused substantial injuries for half a dozen people. Police suspect that the driver who they believe ran the red light may have been driving while under the influence.

At almost 7 a.m. on a recent Thursday, the victim reportedly entered into an intersection while he had the green light. At the same time, a northbound sports utility vehicle allegedly failed to yield the right of way and proceeded into the intersection while the light was still red. The driver that is accused of running the red light apparently struck the victim’s vehicle with such force that both vehicles were knocked into three others that were stopped for the red light.