California Injury Lawyers Blog

In Orange County, California, a judge has ordered the Costa Mesa driver accused of fatally striking a Newport Beach pedestrian last year while text messaging on his cell phone to stand trial for vehicular manslaughter with gross negligence. If convicted, Martin Burt Kuehl faces a maximum 9-year prison sentences.

Kuehl's criminal defense attorney argued that there is no evidence, including cell phone records, to indicate that the 42-year-old driver was texting when he hit Nanny Martha Ovalle on Westcliff Drive last August. The lawyer had sought to have the charge reduced to misdemeanor vehicular manslaughter with ordinary negligence.

According to the newspaper the Daily Pilot, however, Deputy District Attorney Jason Baez says that the cell phone records indicate that Kuehl was texting for approximately 30 minutes before the Newport Beach pedestrian accident. One witness has also said that the motorist in the vehicle behind Kuehl had to strike the horn so the Costa Mesa resident would notice that the traffic light was green.

The latest developments in this Orange County, California pedestrian accident case came right before the US Department of Transportation's Distracted Driving Summit, which began today.

The dangers of texting while driving will be the center of focus, as lawmakers, law enforcement officials, and safety experts discuss the consequences of multitasking while driving. At today's kickoff, US Transportation Secretary Ray LaHood unveiled the latest figures from 2008: Almost 6,000 people in the US died in distracted driving accidents, while over 500,000 people sustained injuries. Each day last year, there were almost 800,000 people motorists using a hand-held cell phone while driving.

Teen drivers are the worst offenders, but adult motorists are not exempt from getting on the phone, texting on a Blackberry, listening to an iPod, playing a video game, or fiddling with a GPS system while driving.

Our Costa Mesa injury lawyers are aware of the hazards that come from distracted driving and the Orange County, California personal injuries and wrongful deaths that can result.

Orange County motorist accused of texting while driving faces trial for killing pedestrian, Los Angeles Times, September 29, 2009

Accused texter faces 9 years, Daily Pilot, September 28, 2009

Related Web Resources:
Drowsy and Distracted Driving, National Highway Traffic Safety Administration

Continue reading "Distracted Driving: Orange County, California Judge Says Costa Mesa Driver Accused of Texting Must Stand Trial for Newport Beach Pedestrian Accident" »

In its largest recall ever, auto manufacturing giant Toyota announced that it will recall 3.8 million Toyota and Lexus autos in the United States. The recall involves removable floor mats on the driver's side that can cause the accelerator to get stuck. This can result in the vehicle moving at high speeds, making it hard to stop and possibly resulting in catastrophic consequences.

The recall announcement comes one month after four people were killed while riding in a Lexus in which the accelerator got stuck. Witnesses report seeing the vehicle speed through traffic at speeds as high as 120 mph before it hit another car, crashed through a fence, and soared some 100 feet before landing and bursting into flames.

CHP officer Mark Saylor, his spouse Cleofe, brother-in-law Chris Lastrella, and teenage daughter Mahala died in the August 28 Southern California auto collision. Someone from the Lexus reportedly called 911 before the deadly crash to report that the brakes weren't working.

A Consumer Reports article noted that there have been reports that the car dealer may have fitted the vehicle with accessory all-weather floor mats that were too big. However, the Saylor family's auto accident is not the first time that someone has gotten hurt because of a stuck accelerator in a Toyota vehicle. People have filed some 102 incident reports with the National Highway Traffic Safety Administration. Injuries and deaths have resulted from some of these auto accidents.

Our Orange County, California products liability lawyers continue to remain concerned about the number of people who are injured each year because an auto or auto part was defectively designed or manufactured. Many auto products liability accidents could have been prevented if only the automaker had been more careful.

Toyota is working with the NHTSA to determine how to remedy this problem. In the meantime, the carmaker is asking drivers who own or lease one of the affected vehicles to take the floor mat out of the car.

Vehicles included in the Toyota recall:

• Lexus IS250 (2006-2010 models)
• Lexus IS350 (2006-2010 models)
• Toyota Camry (2005-2010 models)
• Toyota Prius (2005-2010 models)
• Toyota Avalon (2004-2009 models)
• Toyota Tundra (2007-2010 models)
• Toyota Tacoma (2007 - 2010 models)
• Lexus ES350 (2007-2010 models)

">">Toyota Recall September 2009 List Includes 3.8 Million Vehicles with Faulty Floor Mats, Associated Content, September 29, 2009

Toyota to recall 3.8M vehicles over floor mats, OC Register, September 29, 2009

Misaligned floor mat may have caused calamity, ConsumerReports.org, September 23, 2009

Related Web Resources:
CHP Officer, Family Killed in Crash, NBC San Diego, September 1, 2009

Toyota Motor Corp

NHTSA

Continue reading "Toyota Says It Will Recall 3.8 Million Motor Vehicles Following Fatal Southern California Car Crash Involving Misaligned Floor Mat" »

Nearly one year after 18-year-old Carson Starkey died in an alleged hazing incident at a fraternity event, the former student's family is suing the Sigma Alpha Epsilon fraternity's California Polytechnic State University chapter and nine of its members for his wrongful death. Cal Poly is not a defendant in the California wrongful death case. The school has suspended SAE and university officials say there is a good chance the fraternity won't be allowed to come back.

Carsey died of alcohol poisoning on December 2, 2008. He was an SAE pledge who hours before his death participated in a "brown bag" event. Pledges drank alcohol in brown bags given to them by fraternity members.

The Starkeys are accusing the defendants of negligence and violating Matt's law, which lets hazing victims and their families sue for California personal injury. In their California wrongful death complaint, the plaintiffs claim that not only did fraternity members fail to take "reasonable measures" to make sure that excessive alcohol consumption did not occur, but also they neglected to give Starkey the medical attention he needed when they didn't take him to the hospital. The Starkeys contend that fraternity members encouraged the pledges to binge drink.

Four SAE members, who are defendants in the California hazing lawsuit, were charged with giving alcohol to a minor and committing hazing.

Hazing Injuries and Deaths
While hazing may seem like a harmless tradition, there have been many incidents over the years involving someone who has gotten hurt from binge drinking or participating in some other activity that caused the victim to sustain physical and/or emotional injuries.

With universities in Riverside County, Los Angeles County, and Orange County, California, it is no wonder that parents might understandably worry if there child were to decide to pledge a fraternity or sorority. Injuries and deaths can be grounds for a personal injury claim or a wrongful death case.

Matt's law is named after Mathew William Carrington. The college student died in February 2005 after drinking too much water and doing exercises in the Chai Tau fraternity house located close to California State University Chico.

Parents of Cal Poly student Carson Starkey sue over death of son in alleged hazing incident, San Luis Obispo, September 22, 2009

Starkey family files wrongful death suit against fraternity, Austin Legal, September 23, 2009

Fund Established For Student Who Died In Hazing Incident, KTVU, February 7, 2005

Cal Poly freshman found dead after party, KSBY, December 2, 2008

Related Web Resources:
California Hazing Law

Sigma Alpha Epsilon

Attorneys on both sides have been arguing over whether Entercom Communications Corporation should be held liable for Jennifer Strange's California wrongful death. The company owns KDND 107.9FM and five other radio stations.

Strange, the mother of three, died in January 2007 from acute water intoxication after participating as a contestant in the radio station's "Hold Your Wee For A Wii" promotion. Contestants had to drink different quantities of water during the radio station's "Morning Rave" program. Participants were kicked out of the contest if they threw up or had to go to the bathroom. The winner received a Nintendo Wii.

Strange drank over two gallons of water during the contest but did not win. She received Justin Timberlake concert tickets as a consolation prize. During the contest, she reportedly said that her head hurt and the DJ's noted that her stomach appeared bloated.

Hours after the contest, a relative went to Strange's home and discovered her body.

According to the Sacramento Press, a woman claiming she was a nurse called the Morning Rave show to warn that serious health problems that could arise from the contest. The shows DJ's, however, decided to hold the contest despite her advice.

Water Intoxication
Water intoxication occurs when a person drinks too much water. Human tissues can swell due to the excess fluid, which can cause a person's sodium concentration to drop. He or she may also experience the same physical effects that happen when a person is drowning, including fluid in the lungs, pressure in the brain, coma, and death.

Following Strange's death, KDND fired several staff members.

The California injury lawyers representing Strange's family says that the 28-year-old died because the radio station cared more about ratings than about the health risks the contest posed. Attorneys representing Entercom, however, say that their client did not know that anyone could die from voluntarily drinking a lot of water.

The family members of a person that dies because of another party's negligence are entitled to file a California wrongful death lawsuit to obtain financial compensation for their suffering and loss.

Radio contest wrongful death suit opens, UPI.com, September 8, 2009

ury Selection Begins In Radio Station Water Death Suit, Sacramento Press, September 8, 2009

Woman dies after water-drinking contest, MSNBC, January 13, 2007

Related Web Resources:
KDND 107.9FM

Entercom Communications Corporation

Continue reading "California Wrongful Death Trial Examines Water-Drinking Contest that Led to Acute Water Intoxication Fatality" »

More than five years after Richard Mraz's death from being run over by a Dodge pickup truck, a bankruptcy judge has approved a $24 million wrongful death settlement to be paid by Chrysler to Mraz's family. A California jury had previously awarded the plaintiffs over $55 million for Los Angeles County products liability, but the former DaimlerChrysler filed an appeal that was delayed after the auto manufacturer filed for bankruptcy last April.

Mraz sustained fatal head injuries on April 13, 2004 when he was run over by the 1992 Dodge Dakota he was operating while working at the Port of Los Angeles.

The plaintiffs' lawyers contend that after Mraz got out of the truck, the vehicle slipped into reverse before striking him. While the plaintiffs and defendants were in agreement that the 38-year-old motorist left the truck running and did not activate the parking brake, the two sides did not agree on who caused the Los Angeles County, California wrongful death accident.

DaimlerChrysler argued that the truck wasn't defective and that Mraz died because he neglected to follow proper safety procedures. The plaintiffs, however, claimed that a truck defect--per the over 1,000 "park-to-reverse" complaints that had been filed involving Dakotas, 1988 - 2003 models--caused the fatal truck accident. In 2000, the automaker issued a recall for repairs that failed to fix this defect.

The family's Los Angeles products liability lawyers contended that DaimlerChrysler could have fixed the defect if it hadn't been so worried about the personal injury claims and wrongful death lawsuits it would have to pay.

In March 2007, a California jury issued its $55 million verdict after finding that the auto manufacturer was negligent for failing to issue a proper recall, neglecting to warn consumers about the defect, and for the truck's defective design.

"Park to Reverse" Defect
This defect can prove very dangerous. It lets drivers put the automatic transmission shift selected in the position located between reverse and park modes while the vehicle is in operation. Also called "false park," the "park to reverse" defect can make it look as if the vehicle is in park mode when in fact, it is not. If the driver leaves the vehicle while the engine is running and the auto is in "false park" mode, the car can go into reverse, striking the motorist or a pedestrian.

Judge OKs $24M Chrysler wrongful death settlement, AP/Google, September 24, 2009

Related Web Resources:
More Chrysler Personal Injury Lawsuits Will Be Recognized by New Company, About Lawsuits, August 31, 2009

Chrysler LLC

An investigation is underway in California over allegations that Merced police officers used a Taser to apprehend a man with no legs who is confined in a wheelchair. Gregory Williams, a 40-year-old double amputee, spent six days in jail on suspicion of resisting arrest and committing domestic violence. Criminal charges have yet to be filed against him.

Williams says that police Tasered him and violently manhandled him even though he was never physically aggressive toward them. He is also accusing the cops of handcuffing him to the pavement and when his pants fell off, allowing him to remain naked below the waist.

The alleged California police brutality incident reportedly took place on September 11 and Williams says that during the arrest his shoulder was injured. This has affected his ability to get around in his wheelchair. A number of residents at the apartment complex where Williams lives say they saw the incident and support his California police brutality claims. One neighbor even shot footage of Williams on the ground, handcuffed, and with his pants down.

Police dispute Williams' claim. Their report claims that he refused to allow Merced County Child Protective Services to take his 2-year-old daughter.

Police Brutality
There are specific protocols that police officers must follow when apprehending anyone. Excessive or unjustified use of force at any time is not allowed. Was it absolutely necessary to Taser a double amputee in a wheelchair? Could he have been apprehended in other, less painful and humiliating ways? An internal probe will hopefully shed light on what happened.

Taser use on any suspect has both its critics and its supporters. While there are those who believe that using Tasers allows police to apprehend someone without having to use a gun, physical force, or a baton, the stun guns send out about 50,000 volts of electricity into its target. This is not exactly painless. More than 150 people have died from being Tasered and questions have been raised as to whether Taser use during certain arrests were justified.

Did California police use a Taser on an unarmed, legless man in a wheelchair?, McClatchy DC, September 21, 2009

Merced police used Taser on unarmed, legless man in a wheelchair, Merced Sun-Star, September 20, 2009

Related Web Resources:
Un Tasers are a form of Torture, CBS, November 25, 2007

Police brutality cases on the rise since 9/11, USA Today, December 18, 2007

Continue reading "Legless, Unarmed Man in Wheelchair Makes California Police Brutality Allegations Accusing Officers of Using Taser without Provocation " »

The California Medical Board says that Dr. Gary Rheinschild might be disciplined by the state over allegations that he botched a number of penis enlargement surgeries. The 75-year-old urologist is accused of gross negligence in the medical treatment he provided to three men. Dr. Gary Rheinschild is also accused of practicing medicine even though he may have been suffering from cognitive impairment.

The Anaheim Hills doctor's attorney is disputing the allegations and insists that her client satisfied the standard of care with all three clients. Failure to provide standard of care can be grounds for an Anaheim Hills, California medical malpractice lawsuit.

However, several national news publications are reporting that the Orange County, California urologist performed penile enhancement or reconstruction surgeries that have gone awry. The doctor's Web site says that surgery can give a patient up to two inches more in girth and length. According to the California Medical Board, the American Urological Association cannot verify that penile enhancement surgeries work or are effective.

One patient, who went to Rheinschild for surgery in 2003, says that the doctor seemed confused. He says that the operation made his penis deformed and crooked, but the urologist refused to fix his work. Another patient, age 25, says that the doctor's hand shook and he appeared to suffer from memory problems. Five weeks after surgery, the patient's penis started curving and became shorter, while a wound burst open. He too says the doctor refused to remedy the mistake. The man then underwent two reconstructive procedures.

The California Medical Board is considering whether to revoke Rheinschild's medical license. Rheinschild could be held liable for Orange County, California medical malpractice.

Elsewhere in the US, a man who lost his penis after surgery is suing his doctor for medical malpractice. Enrique Milla underwent a procedure in 2007 for his erectile dysfunction. He says that Dr. Paul Perito failed to tell him that his diabetes could put him at greater risk of infection. Milla went on to contract gangrene and doctors had to remove his penis.

Orange County, California urological malpractice is a type of medical malpractice that can result due to negligence, carelessness, or mistakes. Urologists treat diseases involving the urinary and genital tracts.

Doctor accused of botched penis enlargements, OC Register, September 18, 2009

Man Sues Doctor Over Loss Of Penis, My State Line, September 4, 2009

Related Web Resources:
Renal and Urology News

American Urological Association

According to a federal inspection report, five patients at UCI Medical Center were given overdoses of sedatives and narcotics because the nurses did not receive the proper training on how to correctly use the pain pumps. The overdoses took place between October and July.

The five patients had to be given reversal medications so that they could keep breathing. One patient was given a breathing tube and was taken to the ICU. Another patient was given an overdose of a tranquilizer because the nurse programmed the pump to give her the wrong medication. A sixth overdose happened while inspectors were there. Fortunately, none of the patients who were given overdoses died.

Chief medical officer at UCI Medical Center Dr. Eugene Spiritus said that after two of the overdoses, more training and safety precautions were implemented. Yet more overdoses occurred.

According to the nurse's union, UCI was using defective pain medication pumps, while the hospital said that the overdoses were a result of nursing mistakes.

The Centers for Medicare and Medicaid Services agrees that nursing errors did occur and that the nurses were not trained to use the pumps correctly. Last July, regulators announced an immediate jeopardy finding that was removed within 24 hours when the hospital started training nurses. UCI has also bought new pump technology.

Medication Mistakes
Medication overdose is one kind of medical error that can cause injury to a patient. It can also lead to an Orange County, California medical malpractice lawsuit. Other types of medication errors that can result in injury or death:

• Prescribing the wrong drug
• Prescribing the correct drug but the wrong dose
• Prescribing a drug that causes an adverse reaction when combined with other medications that the patient is taking
• Failure to let patients know about the risks associated with the drug
• Failure to tell patients about possible side effects
• Failure to monitor patient intake
• Prescribing a dangerous drug to a patient

UCI overdoses blamed on lack of nurse training, OC Register, September 17, 2009

UC Irvine Medical Center issued warning for drug pump problems, Los Angeles Times, September 17, 2009

Related Web Resources:
Medication Errors Injure 1.5 Million People and Cost Billions of Dollars Annually, National Academies, July 20, 2006

Hospital Errors Put More Patients at Risk, ABC News, April 4, 2007

Continue reading "Irvine, California Medical Malpractice?: Report Says UCI Patients Overdosed Because Nurses were Inadequately Trained" »

A man is accusing some of the city of Tustin, California's police officers of police brutality. Victor M. Hernandez says that cops hurt him on the night of October 17 while questioning him .

In his Orange County, California police brutality claim, Hernandez said a Tustin police officer approached him as he was walking home from Burger King. Hernandez says the cop asked him if he was the one who pushed a girl at a liquor store. A witness had identified Hernandez as her assailant. Tustin police would later determine that Hernandez was not the person they were trying to find.

City documents say that as police searched Hernandez for weapons, he struggled and was handcuffed. His finger broke and he sustained a bruise to his eye.

Hernandez claims says that while at the hospital, one of the cops apologized to him for what happened. The city of Tustin, however, is denying the allegations and says that Hernandez was hurt because he struggled while resisting the cops but not because the police injured him.

Police Brutality
Any excessive use of force by police officers at any time is wrong, and our Orange County, California police brutality lawyers believe that it is important that victims receive compensation for their injuries and trauma resulting from police violence.

Even if you are a suspect in an investigation, you are entitled to certain civil and legal protections. Police are never at any time allowed to use verbal abuse, emotional abuse, physical abuse, sexual abuse, intimidation, racial profiling, or a gun, Taser, or any other weapon against you without provocation or threat or deprive you of your constitutional rights. In the event that they use excessive force of any kind or make a false arrest or harass you, you may have grounds for filing an Orange County, California police brutality lawsuit for your injuries.

It is the job of police officers to protect people not hurt them. Even if police deny any wrongdoing, you may still be entitled to California injury compensation for the harm that you suffered. Police violence is a crime that is can be hidden under the guise of executing "justice." This is unacceptable and can cause serious injury or death to victims.

Man files claim saying Tustin officers injured him, OC Register, September 16, 2009

Related Web Resources:
Tustin Police

City of Tustin

Know your rights!, PoliceCrimes.com

A Southern California Appeals Court says that a truck repair facility can be held liable for a 2005 Huntington Park truck accident that injured 8 people and killed 3 others. The commercial tow truck was stolen from the service yard of Maurice J. Sopp & Son. Video footage from the repair yards surveillance cameras show Raymond Bermudez walking onto the premise through an open gate and climbing into the 2003 Nissan truck. Just several hours ago, Bermudez was released on parole from Soledad State Prison.

Bermudez started the truck's engine, struck another vehicle that was behind it, hit a shade canopy, and drove off the property. He then struck several vehicles before driving into a group of people at a bus stop. A couple (they were the parents of seven children) and a single mom died from their injuries. Eight other people also sustained injuries from the deadly Los Angeles County truck accident.

The victims' families sued the tow truck company for Los Angeles personal injury and wrongful death. The defendant moved for summary judgment, citing causation and duty. The plaintiffs noted that "special circumstances" allowed for a vehicle's owner or bailee to be held liable for injuries caused by the thief of that vehicle, such as in the event that "heavy vehicles are left unattended," allowing for people who aren't used to driving them to do so.

The plaintiffs also noted that in 2004, Huntington Park had the highest car theft rate in the US and its violent crime rate was in the nation's top 14th percentile. They also argued that the car repair shop had contacted police 25 times over a five-year period because of reported break-ins and thefts and that the keys to the truck had been made easily accessible. While a Los Angeles Superior Court Judge granted the summary judgment motion, the California appeals court reversed the ruling.

California Truck Accidents
If you or someone you love was seriously injured in a Los Angeles County traffic accident involving a stolen vehicle, do not despair. The first step you need to take is to speak with an experienced Los Angeles truck crash lawyer immediately. A good injury attorney will know how to investigate your case and prove liability.

Truck crash injuries can be very serious and costly. There is no reason why you should have to cover the entire financial burden if someone else's negligence or carelessness caused your California truck collision injuries or your loved one's death.

C.A. Rules Truck Repair Shop May Be Liable for Fatal 2005 Crash, Metropolitan-News, September 4, 2009

Carrera v. Maurice J. Sopp & Son (PDF)

Related Web Resource:
Trucking Accidents: Common Causes and Liabilities, Nolo

Injured in a Truck Accident. What to Do?

Police in San Bernardino County, California have arrested Pensri Sophar Dalton. The 61-year-old nursing home resident is accused of running an illegal group home and committing elder abuse by allowing 22 mentally ill and disabled patients to live in squalid, prison-like conditions.

The residents allegedly were made to live in converted chicken coops and small rooms containing multiple beds. Their toilets consisted of buckets. Padlocked gates and razor wire fences surrounded the facility.

Dalton has been charged with 16 counts of inflicting harm on elderly persons. The illegal elder abuse facility, which reportedly was not licensed, has been shut down.

According to the Press-Enterprise, Dalton was recently sued for wrongful death in a San Bernardino County elder abuse lawsuit filed by the family of a 71-year-old man who died in a swimming pool at a Highland facility that she owns. The patient, Eucevio Hernandez Vallez, suffered from dementia, was an alcoholic, and had a hard time walking because of his hip fracture.

Even though the elder facility was told not to give Vallez alcohol, the staff is accused of let him drink and walk close to the unfenced pool. There was reportedly uneven concrete surrounding the pool. According to the San Bernardino County wrongful death lawsuit, on February 12, a worker at the assisted living facility reportedly saw Vallez go into the backyard but failed to supervise or stop him.

Vallez was discovered face down in the pool the following day. The coroner's office reported that the resident died from drowning after falling into the pool while the influence of alcohol. The defendants have submitted a court-filed response disputing the charges.

Patients at any California elder care facility are entitled to a certain quality of care and a certain level of attention. They also have rights that exist to protect them and make sure that they are treated properly. Failure to supervise a resident, forcing patients to live in unsanitary or unsafe conditions, not following instructions for a patient's care, failing to provide patients who are mentally ill with more hands-on attention, overmedication, failure to treat or medicate a patient, and mistreating a resident are some of the reasons why families file San Bernardino County nursing home abuse lawsuits against negligent elder care facilities.

San Bernardino group home owner already named in wrongful death lawsuit, The Press -Enterprise, September 6, 2009

Alleged elder abuse in San Bernardino, ABC Local, September 5, 2009

Related Web Resources:
Elder Abuse in Nursing Homes

San Bernardino Facilities, California Nursing Homes

Continue reading "Owner of Illegal Group Home in San Bernardino County Accused of Elder Abuse " »

A 72-year-old retired worker is suing Parkview Community Hospital Medical Center for Riverside, California medical malpractice. Francisco Torres says that Dr. Erik Wahlstrom removed the right, healthy kidney, instead of the left one. Now, Torres has to undergo dialysis every three days. Torres had expected a full recovery following the July 14 procedure, but he is still at Riverside rehabilitation center and will no longer be able to live alone.

In Torres's Riverside County, California medical malpractice complaint, he is seeking damages for injuries he sustained from the wrong-site surgery. Torres is accusing the surgeon and the hospital of battery, malpractice, and failing to disclose Wahlstrom's record with the Medical Board of California.

Doctors were supposed to operate on his left kidney after a cancerous mass was discovered. Torres's medical chart initially noted that the left kidney is the one that doctors had to take out. A day prior to the procedure, however, the surgeon and a nurse made a notation in Torres's chart that his right kidney was the one that needed to be surgically removed.

This is not the first complaint filed against Wahlstrom, who founded Riverside Community Hospital's Southern California Transplantation Institute. Earlier this year, the surgeon settled a San Bernardino, California medical malpractice lawsuit in arbitration for nearly $2 million over another kidney procedure. The transplant surgery took place in 2005 and an infection occurred. As a result, the patient's body rejected the new kidney, which had to be removed.

Wrong Site Surgeries
Wrong-site procedures are never supposed to happen, yet as of June, The Joint Commission has reported 837 wrong-site surgeries. Hospitals are supposed to put procedures in place to prevent surgeons from operating on the wrong body part and/or removing the wrong organ. In many cases, the damage done from this type of botched procedure cannot be easily fixed. For example, once you take out a kidney, you cannot put it back in the patient's body. Removing the wrong breast can leave the patient disfigured or cause a cancerous mass on the unhealthy breast to spread.

The injuries and health issues that arise from a wrong-site can permanently disable the patient and even result in wrongful death.

Surgery patient sues doctor, hospital, claiming wrong kidney removed, Press-Enterprise, September 2, 2009

Man Claims Hospital Removed Wrong Kidney, KTLA, September 4, 2009

Related Web Resources:
Universal Protocol for Preventing Wrong Site Surgery, Joint Commission

Difference Between Near Miss, Wrong-Site Surgery Studied, Modern Medicine, August 17, 2009

Leaving your loved one at a nursing home is never easy, and our Orange County, California nursing home negligence attorneys are aware that you may undoubtedly have concerns about your loved one's well-being and care--especially with the number of stories appearing in the news these days about nursing home abuse and neglect incidents occurring in assisted living facilities throughout the US.

While it is impossible to guarantee your loved one's safety and quality of care, there are steps that you can take when choosing a Southern California nursing home, whether the facility is located in Irvine, Laguna, Huntington Beach, Newport Beach, Manhattan Beach, or elsewhere in Orange County, California.

Checking different Web sites that offer reviews about California nursing homes, as well as Medicare's Nursing Home Compare Web site, is a helpful and informative step. However, nothing beats actually going to a nursing home facility to inspect the premises, watch the interactions between residents and nursing staff, and interview workers.

Not only do you want to make sure that your loved one will be comfortable at the nursing home you select, but you want to do what you can to make sure the facility is sanitary, the workers know how to do their jobs properly, and there are no unresolved violations at the assisted living facility that could pose a possible threat to your loved one's health and well-being.

What to look for when you visit an Orange County, California nursing home:

• Location: Is the nursing home close enough so that you and/or other loved ones can make in-person visits to your relative?
• Find out about the number of nursing home residents there are at the facility compared to the number of nursing home workers. Does it seem like each patient gets enough personalized attention? Inquire as to whether each patient is allotted a specific amount of care hours.
• Check the bathrooms, bedrooms, and recreational areas. Are they clean? Do they appear comfortable?
• Visit the dining room and kitchen. Do the conditions appear sanitary? What does the food look like? How is food stored and prepared?
• Inquire as to whether each patient gets a customized care plan and a personalized dietary plan.
• Observe the interactions between nursing home workers and residents.
• Talk to nursing home staff. Are they accessible, available, and forthcoming with responses to questions you may have?
• Do the residents appear happy and relaxed or stressed out and afraid?

Of course, taking every precaution possible when choosing a California nursing home for your sick or elderly loved one won't guarantee that that he or she won't become a victim of nursing home abuse or neglect.

Related Web Resources:
Nursing Home Compare, Medicare

Your Guide to Long-Term Care in California, California Healthcare Foundation

Anaheim, Orange County

Continue reading "Carefully Choosing An Orange County, California Assisted Living Facility May Decrease the Chances of Nursing Home Abuse or Neglect" »

In California, the department of Public Health is fining six Southern California Hospitals $25,000 each for serious violations. Some of these violations were serious enough to result in patient injuries and deaths.

In Orange County, California, Children's Hospital is accused of failing to make sure that the appropriate drainage procedure was conducted on a child following a neurological procedure last year. Because of the oversight, state health officials say that the patient sustained a serious traumatic brain injury. Meantime, the hospital has said that it has adjusted hospital protocols and stepped up staff training to decrease the chances that this type of catastrophic medical mistake will happen again.

In Newport Beach, medical staffers at Hoag Memorial Hospital Presbyterian reportedly failed to continuously monitor a patient. Because of this, no one noticed that the patient's cardiac activity strip had flat-lined suddenly after a cardiac monitor was disconnected for over half an hour. Also, the technician never heard the machine alarm go off because the sound was set at a lower level. A nurse discovered the patient, who by this time was unresponsive and sweating heavily. The patient's time of death was called 20 minutes later. The Newport Beach hospital says that the hospital has hired more staff members so that the responsibility of checking too many monitors doesn't fall on just one person.

In Riverside County, Southwest Healthcare Systems received its third administrative fine since 2007. The Murietta, California hospital is accused of using general surgery beds as intensive care beds and not having enough people on staff.

In Laguna Beach, South Coast Medical Center was ordered to pay a fine for failing to follow proper surgical procedures. Medical staffers had to perform a second surgery after items were left in a patient during an initial surgery. In Los Angeles County, USC Medical Center and Arrowhead Regional Medical Center in Colton in San Bernardino County must pay fines for similar surgical mistakes.

The California Department of Public Health also issued fines to hospitals in Solano County, Butte County, Calaveras County, and Lake County.

Our Anaheim, California medical malpractice lawyers do not dispute that it is positive progress for hospitals to remedy procedural errors that have caused medical mistakes in the past. Fixing the problem now, however, will not bring back someone who died or reverse the illness or take away the injury sustained due to medical negligence.

State fines six California hospitals for serious violations, Los Angeles Times, September 3, 2009

California Department of Public Health Issues Administrative Penalties to 12 Hospitals, Cdph, September 3, 2009

Related Web Resources:

Continue reading "Orange County, California Medical Malpractice?: Hospitals Ordered to Pay Fines for Serious Violations, Some Resulting in Injuries and Deaths" »

A California jury has awarded the family of 5-year-old Paris Campen $7.4 million for the severe brain injury she sustained when she was a baby because of medical malpractice. Campen was just a newborn when doctors at Cedars-Sinai Medical Center's neonatal intensive care unit failed to promptly treat her infection with an antibiotic.

The infant developed meningitis, which resulted in permanent brain damage. Now she must use a permanent shunt in her brain to get rid of excess fluids. She also has to undergo behavioral and physical therapy.

Campen's mother, an ER doctor at UCLA Medical Center, says that doctors at Cedars Sinai ignored her when she questioned their care of her daughter. In her Los Angeles medical malpractice complaint, she accuses the medical staff at the hospital of failing to provide Campen with the standard of care that should have resulted in a timely diagnosis and immediate care.

Meningitis
Meningitis can be fatal to babies. Immediate diagnosis and the administration of the proper medications is necessary to combat the infection and to decrease the chances that the patient will suffer from hearing loss, brain damage, or learning diabetes.

Medical providers in California are supposed to provide patients with the standard of care that they can expect from other professionals in the field. Failure to provide that care can be grounds for a Los Angeles County medical malpractice lawsuit if a patient gets hurt or dies.

Pediatric malpractice, including failing to identify symptoms, wrong diagnosis, delayed diagnosis, delayed medical care, surgical malpractice, and medication mix-ups, can lead to brain injuries, strep infections, pneumococcal infections, bacterial infections, and even death. In many cases, a child who survives an incident of pediatric malpractice may be left with permanent damage that will be very costly for the family and may permanently compromise his or her quality of life. The best way of ensuring that your son or daughter receives the pediatric malpractice recovery that your family is owed is to explore your legal options.

Brain-damaged child awarded millions from Cedar Sinai, LA Times, August 29, 2009

Jury awards baby $7.3M in medical malpractice suit, Enquirer Herald, August 29, 2009

Related Web Resources:
Medical Malpractice Overview, Justia

Meningitis

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