California Injury Lawyers Blog

Findings from a new study by the Highway Loss Data Institute are raising questions over whether distracted driving laws that ban texting and the use of handheld cellular devices while driving is having any effect. The answer may be no.

The HLDI examined insurance claims from car crashes in California, Washington DC, New York, and Connecticut after such bans became laws. Not only did claims rates not go down but also there was no noticeable change in patterns when findings from these states were compared to nearby states where bans have not been instituted.

HLDI says it is gathering more information to find out why there has been no improvement in car crash rates in the wake of the cell phone and/or texting while driving bans. It said that one reason may be that more drivers are using handsfree phones now that handheld devices are off limits.

Contrary to earlier misconceptions, talking on a handsfree cell phone while driving is actually quite dangerous and can also lead to distracted driving car accidents. On January 12, the National Safety Council announced that at least 1.6 million US car crashes each year involved drivers texting or talking on their cell phones.

Our Anaheim car accident lawyers are concerned about the number of Orange County, California car crashes that continue to happen because drivers are texting or talking an a cell phone. Fortunately for the injury victim and his/her family, there are ways to obtain recovery from liable parties.

Meantime, the federal government continues to take steps in its bid to win the fight against distracted driving with a national ban that now makes it illegal for commercial bus and truck drivers to text while driving. Recent findings show that texting increases a commercial truckers' crash risk by up to 23 times.

Study: Distracted driving laws don't stop crashes, Washington Post, January 29, 2010

U.S. Bans Texting by Truck and Bus Drivers, BusinessWeek, January 26, 2010

National Safety Council Estimates that At Least 1.6 Million Crashes are Caused Each Year by Drivers Using Cell Phones and Texting, National Safety Council, January 12, 2010

Related Web Resources:
Cell Phone Laws, Insurance Institute for Highway Safety

Distraction.gov, US Department of Transportation

Continue reading "Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI" »

According to data released by Medicare, over 250,000 nursing home residents are living in assisted living facilities that have once again, within a one-year period, received a "poor" rating for overall quality. The ratings are based on complaint investigations, nursing home inspections, and other information that were compiled mostly over the last two years.

USA Today reports that it is not uncommon for nursing homes to garner poor ratings from one year to the next. These facilities can be found in California, the rest of the US states, and the District of Columbia. Sometimes, these assisted facilities are the only ones that exist for miles, which doesn't leave patients and their families with many other nursing homes options. The facilities that scored the worst ratings each had an average of 14 deficiencies.

According to investigators, for-profit nursing homes are often the ones that receive the lowest rankings for performance. Meantime, the General Accountability Office says that while the Centers for Medicare and Medicaid Service designates up to 136 nursing homes as "special focus facilities" that have to undergo more inspections, up to 580 US assisted living facilities can fall under the category of the worst nursing homes in the country.

Orange County, California Nursing Home Negligence
Our Anaheim nursing home neglect and abuse lawyers are aware that there are nursing home residents in Los Angeles County, Riverside County, San Bernardino County, and Orange County, California that have suffered injuries or died because they were abused or neglected by a nursing home worker. Many incidents of nursing home abuse and neglect occur in facilities where the quality of care is poor or the workers are inadequately trained.

If you notice that your loved one who is staying at an Orange County, California nursing home is emotional agitated, withdrawn, depressed, or has rapidly lost weight or seems frightened for no reason or doesn't want to have visitors, your loved one may be a victim of nursing home abuse or neglect.

Analysis: Poor ratings persist for 1 in 5 U.S. nursing homes, USA Today, January 28, 2010

GAO: Four percent of nursing homes are troubled, Healthjournalism.org, September 28, 2009

Related Web Resources:
Centers for Medicare and Medicaid Service

Government Accountability Office

American Association of Homes and Services for the Aging

National Citizens' Coalition for Nursing Home Reform

Continue reading "One in Five US Nursing Homes Consistently Earn "Poor" Ratings for Overall Quality, Says Medicare " »

The 18th pretrial hearing for Lake Forest resident Betty Diaz, who bees charged with felony manslaughter and child endangerment, was scheduled for last week. The 39-year-old driver, who has Type 1 diabetes, crashed her Chevrolet Suburban head-on into a Toyota Camry, killing Kyung "Connie" Chung, 70 on the afternoon of July 3, 2007.

Diaz likely became confused and disoriented when she suffered a hypoglycemic episode while driving on Irvine Center Drive. She lost control of her SUV, driving over the center divide and into oncoming traffic. Chung was later pronounced dead at a local hospital. Diaz and her two kids, ages 8 and 9, were also treated for injuries.

Diaz has had diabetes for more than two decades. She told a physician that on the night before the Irvine car accident, her blood sugar levels were four times above the normal. She says she may have gone too far in trying to bring them down. On the morning of the Orange County, California auto collision, she took insulin on an empty stomach and she'd eaten her last meal the night before.

Diabetics who take insulin must do so before a meal, otherwise the medication can trigger hypoglycemia, which may cause dizziness, confusion, shaking, fainting, seizures, nervousness, anxiety, sweating, light-headedness, anxiety, drowsiness, or weakness. Certain diabetes medications can cause hypoglycemia as a side effect, as can drinking alcohol, skipping or delaying meals, and accelerated physical activity.

Irvine, California Car Accidents
There are many reasons who a motorist can be held liable for Orange County, California personal injury or wrongful death. The driver does not need to have purposely intended to harm the injured party. However, if he/she acted in a manner that was negligent, careless, or reckless, an Irvine car accident victim and/or his/her family members may be able to obtain financial recovery.

Motorists are responsible for not engaging in any kind of behavior that might place pedestrians and other vehicle occupants at risk. You may be able to obtain compensation for medical costs, rehabilitation expenses, funeral costs, cremation costs, lost wages, lost future income, and other damages.

Woman faces charges after diabetic episode, OC Register, January 22, 2010

Hypoglycemia, National Diabetes Information Clearinghouse

Continue reading "Woman who had hypoglycemic episode during Orange County, California car accident that killed 70-year-old woman has another pretrial hearing " »

Jury selection is scheduled to start today in the first of 15 dangerous drug lawsuits against Allergan, an Irvine-based Botox manufacturer. The pharmaceutical company is accused of concealing the dangers that can occur from using the drug.

This Santa Ana, California wrongful death trial involves 7-year-old Kristen Spears, who died in 2007. Over a 17-month period, Kristen, who had cerebral palsy, was given seven sets of Botox injections to relieve her leg spasms. Although the Food and Drug Administration has not approved using Botox in this manner, doctors are allowed to use the drug in medical situations where they believe it will help the patient.

Prior to her Kristen's death, her mother, Dee Spears. says the little girl exhibited symptoms of botulism, including seizures, muscle weakness, and not being able to hold her head up. In 2008, Dee sued Allergan for California products liability. She is convinced that Botox caused her daughter's wrongful death and she is seeking unspecified damages. Allergan, however, disputes the allegations and maintains that Kristen's death was unrelated of the Botox shots.

In May 2009, the Food and Drug Administration demanded that Botox and similar drugs be accompanied with stronger warning labels notifying users that this injectable medication can spread from the injection site to other parts of the body, which can cause serious side effects. Botox is used as an antiwrinkle drug, as well as to reduce muscle rigidity and spasms in adults and children suffering from certain health conditions, such as cerebral palsy.

Botox
Botox comes from botulism toxin, which is a paralytic agent. Botox temporarily stops muscle activity. FDA-approved uses for Botox include treatment for underarm sweating, eyelid spasms, crossed eyes, cervical distonia, and frown lines.

At least 11 people are claiming injuries from using Botox. The families of three other people say that Botox contributed to their loved ones' deaths.

Botox death case heads to trial, OC Register, January 25, 2010

F.D.A. Orders Warning Label for Botox, NY Times, April 30, 2009

Related Web Resources:
Allergan

FDA: Botox linked to kids' deaths, MSNBC, February 8, 2008

Food and Drug Administration

Continue reading "Jury Selection Begins in Santa Ana, California Wrongful Death Trial Involving 7-Year-Old Who Was Given Botox Injections" »

On Tuesday, Chrysler announced the recall of 24,177 vehicles over an auto defect that can lead to brake failure. The vehicles included in the recall are the:

• Dodge Avenger
• Chrysler Sebring
• Nitro
• Commander
• Jeep Liberty
• Grand Cherokee SUV
• Dodge Ram Trucks (2009 and 2010 models)

Except for the 2009 Dodge Ram trucks, all of the vehicles are 2010 models. There have been no reports of accidents or injuries so far. Chrysler says that because of a manufacturing error, the brake booster road retaining clip either wasn't installed or was placed incorrectly in the vehicles. Car owners can take their vehicles to a Chrysler dealership where the part can be reinstalled.

On Thursday, Toyota recalled 2.3 million trucks and cars over a faulty gas pedal. This latest recall comes in the wake of nine large recalls by Toyota last year that impacted approximately 4.9 million motor vehicles. This latest Toyota recall involves:

• Tundra pickups, 2007 - 2010 models
• Matrix hatchbacks, 2009 - 2010 models
• Avalon sedans, 2005 - 2010 models
• Camry sedans, 2007 - 2010 models
• Corolla, 2009 - 2010 models
• Sequoia SUV's, 2008 - 2010 models
• Highlander, 2010 model
• RAV4, 2009 - 2010 models

Our Orange County, California auto products liability lawyers want to remind you that if you were injured in a car crash because of a defective auto part or because a vehicle malfunctioned you may be entitled to personal injury compensation. It doesn't matter whether a recall announcing the defect was issued. Car manufacturers owe consumers a duty of care to design and manufacturer autos that are free from hazardous defects.

Also, the National Highway Traffic Safety Administration announced this week that it is examining Ford Motor Co. F-150 pickup trucks (2004 - 2006 models) over a possible air bag defect. About 1.56 million vehicles may be involved in this probe. Ford thinks that an electrical short may be causing the problem.

The automaker received over 300 complaints that the airbag on the driver's side deployed without warning and not because of a motor vehicle crash. Over 60 people have been injured. Cuts to the hands, arms, and face are among the injuries. Two motorists lost consciousness.

NHTSA Expands Probe of Faulty Airbags in Millions of Ford Trucks, FoxNews, January 22, 2010

Toyota Recalls 2.3 Million Vehicles to Fix Gas Pedals, Bloomberg.com, January 22, 2010

Chrysler recalls vehicles over brakes, AP/Yahoo, January 19, 2010

Related Web Resources:
NHTSA

Defects and Recalls, Safercar.gov

Continue reading "Toyota Recalls 2.3 Million Autos Over Gas Pedal Defect and Chrysler Recalls 24,177 Vehicles Over Possible Brake Failure" »

16 months after the September 12, 2008 Chatsworth train accident involving a Metrolink train colliding with a Union pacific freight train, the National Transportation Safety Board is confirming initial reports that train engineer Robert Sanchez sent text messages before running a red light and crashing a Metrolink train into a Union Pacific freight train. Sanchez and 24 other people died in the Los Angeles County train collision that derailed seven freight cars. Over 130 people were injured.

While some witnesses have said that the light was green, radio communications analysis and dispatch-center records indicate that the light was red. According to federal investigators, Sanchez was supposed to let a dispatcher know that he saw the last two signals warning him that he needed to stop the train. He also received/sent 43 text messages on the day of the train accident. The last text was transmitted 23 seconds before the train crash. NTSB investigators say that Sanchez usually sent more texts when he was working than when he was off the clock.

The NTSB says the deadly collision might have been avoided if a "positive train control" system was in place. This stops a Metrolink train if it runs a red signal.

Texting while Driving
Text messaging while driving any vehicle is very dangerous. This distracted driving activity raises a driver's crash risk significantly, turning a seemingly harmless form of communication into a cause of fatality and serious personal injuries for vehicle occupants, pedestrians, and train passengers. Texting requires a person to take their eyes off the road and at least one (if not both) hands of the steering wheel. It also slows a driver's reaction time, impairing his/her ability to quickly respond to a possible motor vehicle crash scenario.

Investigators: Light was red in 2008 Chatsworth train crash, despite what witnesses said, Los Angeles Times, January 21, 2010

Expert says train engineer in California sent text messages before fatal crash, New York Times, January 21, 2010

Related Web Resources:
FocusDriven.org

Distraction.gov

Continue reading "Metrolink Train Engineer Involved in Deadly Chatsworth Train Crash Sent Text Messages Prior to Running Red Light and Colliding with Other Train, Confirm NTSB Investigators" »

A 79-year-old man who says police assaulted him during a traffic stop has filed an Orange County, California injury claim against the city of Garden Grove. Mong Kim Tran claims he experienced physical pain and sustained bruises to his feet and face. He says that he continues to experience emotional distress, shame, and nervousness over the Garden Grove police brutality incident.

According to Tran's Orange County, California police brutality claim, on October 28, 2009, the Garden Grove cops that stopped him for speeding gave him an "outrageous" beating. Tran is seeking injury compensation. He also wants the city of Garden Grove to investigate the alleged incident and discipline the police officer that hurt him.

Garden Grove police are disputing Tran's account. They claim that Tran would not follow the cops' instructions (they wanted him to sign the citation for speeding). They also say that he assaulted one of the officers by punching him and kicking him in the groin. He was charged with one count each of misdemeanor assault and battery.

Tran and his family, however, say that the officers misunderstood the elderly man because he doesn't speak proper English. During a news conference last month, the 79-year-old said that the officers treated him "like an animal." He denies trying to assault the officer. Pham's injury attorney says that his client refused to sign the speeding citation because he thought it meant that by doing so he was pleading guilty.

Police Brutality
Police are not allowed to use unnecessary force when apprehending anyone. This is police brutality and a violation of the victim's rights. Unfortunately, excessive use of force by a police officer does happen. A cop might get caught up in the heat of the moment or wrongly perceive someone to be a danger. There are also police officers that abuse their authority by taking the opportunity to physically assault, sexually assault, verbally abuse, or intimidate a suspect under the guise of doing one's duty.

Claim: Police beat up 79-year-old man during traffic, OC Register, January 19, 2010

78-Year-Old Man Arrested for Kicking Cop, OC Weekly, November 3, 2009

Related Web Resources:
Garden Grove Police

City of Garden Grove

Shielded from Justice, HR Watch

According to new research findings, some traumatic brain injury patients may be suffering from a decreased ability to process emotions. This impairment can be frustrating for the TBI patient, as well as family and friends. Not only can emotional processing problems place a strain on personal relationships, but it slow down the TBI victim's recovery time.

Head injury specialist Roger Wood, a University of Swansea professor, and Claire Williams conducted the studies on TBI patients. The two of them asked brain injury patients to take a neuropsychological test questionnaire called a "Balanced Emotional Empathy Scale." TBI participants consistently scored twice as low as did control subjects.

Wood and Williams also found that more TBI patients suffered from Alexithymia than originally thought. People with alexithymia have a harder time recognizing and describing what they are feeling, which can be very frustrating for both patients and those around them. During one study, TBI patients exhibited an impaired ability to identify the emotions of people they saw on video and in photos.

Emotional processing problems is just one of many impairments that an Orange County, California traumatic brain injury victim may face. Communication difficulties, memory problems, personality disorders, mood swings, cognitive impairments, limited physical functioning, brain disorders, and coma are some of the other effects that a person with a TBI might experience.

The medical costs for treating and supporting someone with a serious TBI can be astronomical. Round-the-clock nursing care, specialized medical equipment, complicated and ongoing medical procedures, physical therapy, psychotherapy, and multiple drug prescriptions may be required. You may need help beyond an individual medical insurance plan to cover all costs. Obtaining financial compensation from a liable party can help cover your TBI-related bills and associated expenses.

Traumatic Brain Injury leads to problems with emotional processing, Psychology Today, January 3, 2010

What is Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Strokes

Related Web Resources:
The Balanced Emotional Empathy Test (BEES)

Traumatic Brain Injury Services of California

Continue reading "Some Orange County, California Traumatic Brain Injury Patients Suffer from Emotional Processing Problems " »

More than three years after Jaklin Mikhal Romine sustained catastrophic injuries during a Los Angeles County car crash, she is now suing Nissan Motor Co., Nissan Design America, Nissan North America Inc., Vintec Co., and Ikeda Engineering for California auto products liability.

Romine was stopped at a Pasadena intersection on October 21, 2006 when another vehicle rear-ended her 2000 Nissan Frontier. In her Los Angeles County injury lawsuit, Romine claims that a seatback defect caused the seat she was on to collapse backward. As a result, her head struck the back seat, and she sustained serious head injuries and spinal cord injuries. Romine is now an incomplete paraplegic.

Romine's Los Angeles auto products liability complaint accuses Nissan of knowing that the seatbacks in her pickup truck were not strong enough to survive a modest rear-end crash. She says that other car accident victims have filed personal injury lawsuits over the same defect in the past. She also says in-house testifying verified that the seatbacks were faulty.

The plaintiff contends the seatback defect could have easily been corrected with stronger recliners, seatback frames, and belt-integrated seats. She is accusing Nissan of choosing profit over vehicle occupants safety.

Seat Back Defects
Seat back defects are not uncommon and they can prove fatal. A seat that collapses backwards can cause serious head and spinal injuries for the occupant in the seat that collapses, while the person riding behind the defective seat that falls backward is at risk of sustaining chest and head injuries. A seat that collapses forward during a collision can also prove catastrophic for vehicle occupants.

Car manufacturers are supposed to design and make seats that are free from defects and will not collapse during a collision. An automaker can be held liable for Orange County, California auto products liability if serious injuries or death results.

Fox Business News, January 13, 2010

Related Web Resources:
Products Liability, Justia

Seat Failures and Occupant Restraints

Five people have filed an Orange County, California personal injury lawsuit against the city of Huntington Beach. Yisraela Levine, Brian Linn, Georgina Robinson, and two minors are seeking at least $79,000 for injuries they sustained in October 2007.

According to their Huntington Beach car accident complaint, all of the victims sustained a number of injuries during the rear-end crash, including headaches, back pain, and neck pain, after the impact of the collision caused them to be "thrown violently" in the 2005 Hyundai Sonata that they were riding.

The vehicle was stopped when the on-duty police officer allegedly struck their vehicle from behind at a speed of approximately 50 mph. The plaintiffs are claiming damages for medical costs, lost income, and lost wages.

Meantime, Huntington Beach officials say the cop was not negligent and the plaintiffs are the ones who neglected to take reasonable steps to reduce damages or injuries during the California auto collision.

Rear-End Crashes
According to Science Daily, in 2006, 29% of US injury crashes were rear-end collisions--that's 1.8 million accidents. Injuries sustained in a rear-end car accident can be extremely painful and debilitating, as well as costly to treat. Recovery can take months if not longer. Common rear-end collision injuries:

• Neck injuries
• Back injuries
• Ligament injuries
• Whiplash
• Spinal cord injuries
• Facial injuries
• Soft tissue damage
• Muscle strain

Common Causes of Rear-End Accidents:

• Speeding
• Not driving the appropriate speed for the current weather or road conditions
• Driver inattention
• Distracted driving
• Following too closely
• Driver inexperience
• Drunk driving

According to the Insurance Institute for Highway Safety, 2 million insurance claims costing at least $8.5 billion are filed annually over rear-end accidents. You may be entitled to California injury recovery for your medical bills, rehabilitation costs, lost income, the damage to your vehicle, and other damages and losses.

Five sue after police vehicle crashes into their car, OC Register, January 12, 2010

Human Factors Psychologists Study How To Avoid Rear-end Collisions, Science Daily, May 1, 2008

Related Web Resources:
Insurance Institute for Highway Safety

California Department of Transportation

The city of Palo Alto and car accident victim Silvio Obregon have reached a $1.45 million California personal injury settlement over the September 6, 2006 car crash that left Obregon with a spinal cord injury. The California injury plaintiff was hurt when he was rear-ended by a city-owned vehicle driven by Ruben Salas, a city utilities worker.

Obregon was stopped at a red light when Salas, who took his eyes off the road to reach for his cell phone, struck him. Now, Obregon can no longer work as a supervisor for a janitorial services company, which was a job he held for 20 years. He suffers from peripheral neuropathy, and an electronic stimulator had to be surgically implanted in him to decrease his back pain.

Cell Phone Driving Accidents
California distracted driving accidents can have catastrophic consequences. Reaching over to grab a cell phone or taking one's eyes off the road for just a few seconds to read a text message may seem like harmless acts. However, the few seconds it takes to complete these distractions have been known to kill people.

The federal government recently launched Distraction.gov, a distracted driving Web site. Some of the facts provided:

• From the University of Utah: Use of any cell phone slows driver reaction time as much as driving with a blood alcohol concentration of .08% slows a drunk driver's reaction time.

• From the Insurance Institute of Highway Safety: Using a handheld device increases a motorist's risk of hurting themselves in a car crash by four times.

• From Carnegie Mellon: Using a cell phone while driving slows brain activity involved for driving by 37%.

A driver who is distracted can be sued for Orange County, California personal injury if his or her negligence, carelessness, or recklessness hurts someone else.

Palo Alto pays $1.45 million for car accident, Palo Alto Online, January 6, 2010

Statistics and Facts About Distracted Driving, Distraction.gov

Related Web Resources:
Spinal Cord Injury, Mayo Clinic

Insurance Institute for Highway Safety

According to a letter by Muriel Tuteur published in the Laguna Woods Globe, her friend Helene Press tripped and fell, breaking her right femur on the evening of October 27, because of there was inadequate lighting in the parking lot in United Mutual. Press had to be confined in the hospital for at least four weeks. She has needed about 10 weeks to heal so can walk again.

Press was walking out of a jewelry class when she tripped over a concrete parking barrier close to her car. She says that due to the poor lighting, she didn't see the bumper, which was painted blue. Press says that after her Orange County, California trip and fall accident, paramedics had to come and her because she felt paralyzed.

Press is reportedly not the only one who has gotten hurt in this parking lot. Over the years, others have reportedly complained about the lighting. Let There Be Light coordinator Margaret Pearlman says lawsuits have been filed over the lighting in the senior community.

Trip and fall injuries can lead to broken bones, neck injuries, back injuries, hip injuries, arm injuries, knee injuries, and other physical injuries. Trip accident injuries can be excruciatingly painful and may leave a person immobile for weeks if not months or permanently.

Recovery and rehabilitation can take a long time, and the medical costs can start to rack up. Older people, whose bones are more fragile, can take longer to recover from fall accidents. Fall accidents have also been known to cause lead to deteriorating health, bedsores, and other complications for the aged.

Premise owners are supposed to make sure there is sufficient lighting on the property. Proper lighting can prevent fall accidents and violent crimes. Poor lighting can be grounds for an Orange County, California premises liability lawsuit.

Resident broke leg in dark parking lot, OC Register, December 16, 2009

Falls - Older Adults, Centers for Disease Control and Prevention

Related Web Resources:
Laguna Woods Village

Slip and Fall Accidents, Nolo

Continue reading "Did Poor Lighting Cause Laguna Woods Trip and Fall Accident?" »

The preliminary hearing has been scheduled for March 10 in the criminal case against three nursing home officials who are charged with California elder abuse related to the chemical restraint deaths of three patients. Gwen Hughes, Dr. Hoshang Pormir, and Pamela Ott have pleaded not guilty to the criminal charges. If convicted, they each could spend up to 11 years in prison.

The California nursing home abuse incidents allegedly took place at the Kern Valley Nursing Home in California from 2003 to 2007. Gwen Hughes, who served as the nursing home's director, is accused ordering the use of antipsychotic drugs to chemically restrain patients who complained or were annoying.

According to California Attorney General Jerry Brown, Hughes had one nursing home patient drugged for throwing a milk carton. She allegedly ordered that another person be chemically restrained for glaring at her. A couple of the patients were reportedly held down against their will while they were sedated. Several nursing patients who were chemically restrained became incredibly thin or dehydrated.

Hughes was previously fired at another California nursing home for over-drugging.

Nursing Home Abuse
Unfortunately, over-drugging is a common problem at nursing homes. While there are definitely patients who need to take antipsychotics as part of their medical care--about one in four nursing home patients is given antipsychotics--others are given the powerful drug solely as a chemical restraint. According to the Food and Drug Administration, about 15,000 nursing home deaths a year are a result of unnecessary antipsychotics.

A report from the United Kingdom revealed that up to 1,620 strokes and 1,800 fatalities involving elderly dementia patients can be linked to antipsychotic drugs. About 180,000 elderly people with dementia are treated with these powerful drugs in the UK and, per the report, only about 36,000 appear to have benefited from the medication.

Restraining a nursing home patient so that they will be quiet or behave is a form of Orange County, California nursing home abuse.

3 Nursing Home Patients Killed by 'Chemical Restraints', ABC News, January 5, 2009

Attorney General Charges Nursing Home Drugging is Assault with a Deadly Weapon, CANHR.org

Chemical restraints killing dementia patients, Guardian.co.uk, November 12, 2009

Related Web Resources:
Elder Abuse in Nursing Homes, Nolo

California Attorney General

Continue reading "Use of Unnecessary Chemical Restraints on Patients Can Be Grounds for Orange County, California Nursing Negligence Lawsuit and Criminal Charges" »

Anaheim obstetrician-gynecologist Dr. Andrew Rutland could be facing temporary suspension from practicing medicine. Rutland allegedly was negligent when he administered an unsafe dosage of lidocaine to a 30-year-old woman who was about to undergo a second-trimester abortion. Soon after the patient was injected with the local anesthesia, she began to experience a reaction.

Rutland performed CPR on her. According to California Medical Board documents, there was a "significant" delay in contacting 911. By the time paramedics arrived, the woman was in cardiac arrest. She died several days later.

According to autopsy results, the patient died from a heart attack caused by "lidocaine toxicity." The medical board claims Rutland did not know what a safe dosage of the anesthesia consisted of when he gave her the drug. He also allegedly did not recognize the symptoms of toxicity and failed to employ the correct resuscitation efforts.

The Anaheim doctor is also accused of not having malpractice insurance when he performed a surgery outside a hospital and practicing medicine in an office that did not have the proper licensing. This is not the first time that Dr. Rutland has been accused of California medical negligence. He gave up his medical license in 2002 following two infant deaths (one baby's spinal cord was torn during birth due to forceps use), and allegations that he lied to patients, had sex with one patient, and performed unnecessary hysterectomies.

Examples of OB/GYN Malpractice:

• Poor prenatal care
• Failure to conduct breast exams, annuals, or mammograms
• Failure to diagnose, wrong diagnosis, or delayed diagnosis of cancer
• Failure to diagnose birth defects or delivery complications
• Failure to perform necessary follow-up tests, such as a biopsy
• Birthing malpractice
• Surgical errors
• Forcep mistakes
• Anesthesia errors

Doc lost license once, accused of another death, OC Register, January 6, 2009

Related Web Resources:
Medical Board of California

Obstetrics and Medical Malpractice, Wrong Diagnosis

Continue reading "California OB/GYN Medical Malpractice?: Anaheim Doctor Blamed for Death of Abortion Patient" »

A 54-year-old Hemet woman has filed an Orange County, California personal injury claim against the city of Huntington Beach. Ellen Aranza says she tripped and fell on a hidden tree root while walking from her sister's house to her car on November 26.

Arana, who had just attended a Thanksgiving meal at the residence, claims that when she fell the pan broke, cutting into her arm all the way down to the muscle. The injury required stitches. She also says she hurt her back and sustained bruises on her elbows and knees during the Huntington Beach trip and fall accident.

On December 3, the city of Huntington Beach ripped out the tree. A city spokesperson says the claim is under investigation.

Kinds of Fall Accidents:

Slip and fall accident: Involves a person slipping on the floor. This is the most common kind of fall accident.

Step and fall accident: The victim steps into a hole or another type of ground failure and then falls.

Stump and fall accident: An impediment in the walking surface causes a fall accident.

Trip and fall accident: The victim trips on an object on the ground and falls.

A fall accident can be grounds for filing an Orange County, California premises liability claim against the party responsible for maintaining a property and making sure that there are no hazards on the premise that could cause personal injury or death.

While some fall accidents result in minor or no injuries, fall accidents can also cause painful, debilitating injuries that may require months of recovery. There are steps that you must follow when pursuing recovery from California city or the state for personal injury. Filing a claim is one of the first steps.

It can be frustrating to know that your injuries could have been prevented were it not for the negligence of another party. As the injury victim, you are the one who must undergo the medical procedures and rehabilitation care to recover. You are the one who will have to take time off from work and possibly suffer lost wages. You are the one who may not be able to tend to your daily responsibilities and take part in the activities that make up your life.

Claim: Woman trips on tree root, drops potato casserole, OC Register, December 23, 2009

Related Web Resource:
Proving Fault in Accidents on Dangerous or Defective Property, NOLO

Justia

Continue reading "Woman Files Orange County, California Trip and Fall Claim Against Huntington Beach" »