California Injury Lawyers Blog

California's Department of Public Health has fined Victoria Healthcare and Rehabilitation Center $75,000 for Costa Mesa nursing home negligence in the death of 93-year-old Donald Bodkin. The 93-year-old man died from an undetected intestinal ulcer and infection.

Bodkin was admitted to the Costa Mesa assisted living facility last August after he underwent hip surgery. Just two weeks into his stay, he experienced appetite loss, low urine output, and pain in his abdomen. He also was reportedly in pain and feeling lethargic.

Yet state officials say that Bodkin's family was never notified of his discomfort. They also claim that the nursing home failed to properly evaluate his condition or tell the doctor that the elderly man was exhibiting life-threatening conditions.

Several days later, Bodkin was discovered without a pulse. He died on September 13.

Per the coroner's report, a ruptured ulcer caused the infection in Bodkin's bloodstream that led to his "untimely" death. The ulcer reportedly broke three days to a week before his passing.

Our Costa Mesa nursing home neglect and abuse lawyers are dismayed at the number of residents who end up suffering because they did not receive the proper care and supervision that they required. Not only must nursing home workers monitor each patient's condition, but also they must report any issues of medical concern to a physician and family members so that the resident can get the necessary care and attention immediately. Failure to provide proper nursing and medical care can lead to serious health complications, including infection, bedsores, permanent injuries, and death.

Nursing home fined in patient death, The Orange County Register, February 23, 2011

Related Web Resources:
California Department of Public Health

Nursing Home Overview, Medicare.gov

More Blog Posts:
Los Angeles County Nursing Home Negligence?: Santa Monica Assisted Living Facility Fined $100,000 After Resident's Choking Death, California Injury Lawyers Blog, February 23, 2011

California Nursing Home Negligence?: Fatal Fall Accident Involved Improperly Maintained Mechanical Lift, California Injury Lawyers Blog, October 27, 2010

81-Year-Old Orange County, County Nursing Home Resident Accused of Murdering 94-Year-Old Roommate at Laguna Woods Rehabilitation Center, California Injury Lawyers Blog, October 5, 2010

Continue reading "Costa Mesa Nursing Home Fine Over Alleged Orange County, California Nursing Home Negligence Related to 93-Year-Old Man's Death" »

According to police, the 22-year-old driver being blamed for the Newport Beach bicycle accident that claimed one man's life on Monday had received at least 16 traffic citations since 2005. Now, Danae Marie Miller has been booked on suspicion of gross vehicular manslaughter while intoxicated.

Miller is accused of striking a bicyclist on San Joaquin between Spyglass Hill Road and Newport Ridge Drive West. The victim, 41-year-old Amine Britel, died at the scene. Meantime, Miller failed a field sobriety test.

Her past traffic citations include tickets for talking on the cell phone, speeding, wrong way driving, following too closely, operating a vehicle faster than the conditions warrant, making an unsafe turn, and neglecting to stop at stop sign.

Newport Beach Bicycle Accident Cases
As an Orange County, California bicycle accident victim, you may be entitled to financial recovery from the liable parties. Serious bicycle accident injuries can include head trauma, internal injuries, traumatic brain injuries, spinal cord injuries, paralysis, and disfigurement.

Bicyclists are at a huge disadvantage anytime they are involved in an Orange County, California traffic crash with another vehicle. Injures are frequently catastrophic and costly. Our Newport Beach injury lawyers work with a team of professionals that knows how to prove who was at fault in causing your bicycle crash and what acts of negligence may have transpired.

Is there more that safety officials can do to keep bicyclists safe? Findings from a new study, found in Injury Prevention, report that the answer to this question may be yes. Researchers say that when bicyclists ride in bikes-only lanes, they have a 28% lower rate of injury. With only 20 miles of bike-only tracks, this safer alternative may be something that US safety and transportation officials may want to consider.

Driver in fatal accident had multiple tickets, Daily Pilot, February 22, 2011

Separate Bikes-Only Lanes in Cities Cut Injury Rate: Study, Bloomberg Businessweek, February 17, 2011

Related Web Resources:
Injury Prevention

California DMV

More California Injury Lawyer Blogs:
California Truck Accident Lawsuit Filed in Bicyclist's Wrongful Death, California Injury Lawyers Blog, December 22, 2010

Los Angeles Bicycle Accident: Mayor Villaraigosa Undergoes Surgery to Repair Broken Elbow, California Injury Lawyers Blog, July 20, 2010

Family of Bicycle Accident Victim Who Struck Her Head After Hitting Defective Lane Divider Settles California Wrongful Death Lawsuit for $2.4 Million, California Injury Lawyers Blog, June 18, 2010

Continue reading "Driver Charged in Deadly Newport Beach Bicycle Accident Had Received at Least 16 Traffic Ticket Citations Since 2005" »

The California Department of Public Health has fined the Goldstar Rehabilitation and Nursing Center $100,000 for the inadequate nursing care that led to a patient's death. The resident, age 60, choked on his food while eating dinner. The Santa Monica nursing home has been given an "AA citation," which is the most severe citation a long-term care facility can receive in California.

Unfortunately, choking accidents are not an uncommon occurrence at assisted living facilities, where some patients may have problems swallowing or chewing or taking in solid foods. This is why it is important that nursing home workers make sure that each patient is given the food specified under his/her care plan. In some cases, this means making sure that meat has been cut into tiny pieces or, when warranted, liquefied. In the event that a resident gets sick, sustains a brain injury, or dies from a choking accident that could have been prevented, the victim and his/her family may have grounds for a Los Angeles nursing home neglect case.

Healthcare officials say that the Santa Monica nursing home did not give the man the soft diet that a doctor had prescribed. As a result, the patient choked on a piece of meat and lost consciousness for at least 10 minutes.

Goldstar Rehabilitation and Nursing Center has been cited for serious violations in the past. Also, since March 2004, it has received 150 complaints. 55 of them, alleging inadequate care, nursing neglect, nursing home abuse, and other wrongdoings, have been substantiated.

Nursing Home's Citation Follows Long List of Complaints, Penalties, Santa Monica Patch, February 18, 2011

Nursing home is fined after patients dies after choking, Los Angeles Times, February 16, 2011

Related Web Resources:
California Department of Public Health

Goldstar Rehabilitation and Nursing Center

More California Injury Lawyers Blog Posts:
Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee, California Injury Lawyers Blog, January 27, 2011

California Nursing Homes Must Post Federal Ratings in 2011, California Injury Lawyers Blog, December 31, 2011

Los Angeles Nursing Home Negligence Lawsuit Blames Woodland Hills Facility for Actor Gene Barry's Wrongful Death, California Injury Lawyers Blog, December 3, 2011

Continue reading "Los Angeles County Nursing Home Negligence?: Santa Monica Assisted Living Facility Fined $100,000 After Resident's Choking Death" »

A collision between a church bus and a San Bernardino County Fire Department vehicle has left at least 1 person dead and 24 others injured in the Twin Peaks area. The crash sent the bus, carrying primarily middle schoolers and high schoolers, over a snowy embankment on Highway 189 and down some 20 feet to strike a large tree. The bus was from the Light of Love Mission Church, which is a Korean church located in Pasadena.

It took rescuers several hours to extricate all of the passengers from the bus. Two of the passengers riding in the vehicle that collided with the bus were among those who were injured. Most of the victims were teenagers--several of them in critical condition. Broken legs and ribs are among the injuries, and some of the victims have had to undergo surgery. Killed in the San Bernardino County, California bus accident was the bus driver, Won Chae. The former tour bus driver was a volunteer driver for the church bus.

Bus Accidents
Thousands are injured in bus crashes each year. Most buses don't have seat belts, which means that during a collision, passengers can suffer serious head injuries, spinal cord injuries, traumatic brain injuries, and serious crush injuries. With so many people frequently riding and standing in buses, the impact of an accident and so many people colliding into one another can be catastrophic.

Common causes of bus crashes:
• Driver inexperience
• Distracted driving
• Drunk driving
• Vehicle defects
• Poor weather conditions
• Speeding

Police are trying to determine what caused the catastrophic bus accident.

Regardless of whether the bus driver, a driver, or another party caused your San Bernardino County bus crash, it is important that you start exploring your legal options right away. Proving liability in a collision where a bus is involved can be more complex than proving negligence in a crash involving two cars. The sooner evidence can be gathered and witnesses interviewed on your behalf the better.

No seat belts on church bus involved in fatal crash, Los Angeles TImes, February 21, 2011

1 dead in California church bus crash, AP/Yahoo, February 21, 2011

Related Web Resources:
Light of Love Mission Church

Early Edition of the 2009 Traffic Safety Facts Annual Report, NHTSA

More Blog Posts:
Pedestrian Killed and More than 20 Injured in Los Angeles Traffic Accident Involving BMW and School Bus, California Injury Lawyers Blog, October 26, 2010

Glen Avon Traffic Accident: Car Driver Accused of Purposely Crashing Head-On into School Bus, California Injury Lawyers Blog, October 20, 2010

California Bus Accident: SUV Driver Involved in Greyhound Crash that Killed 6 and Injured 20 Was Under the Influence of Alcohol, California Injury Lawyers Blog, July 27, 2010

Continue reading "At Least 1 Dead and 23 Injured in San Bernardino County School Bus Crash" »

Five months after 3-month-old Ruby Rose Gould was fatally struck at a Huntington Beach crosswalk, her relatives have filed four claims totaling $40 million against the city and Orange County, California. The claimants are Ruby's parents and her two cousins who were with her at the time of the pedestrian accident.

The deadly Huntington Beach traffic crash happened on September 7, 2010 as Ruby, her mother Renee, and cousins Jacob Chuntz, 7, and Daisy Chuntz, 11, walked to the Westminster Mall. Halfway through the crosswalk on the busy intersection of Springdale Street and Croupier Drive, Renee, Daisy, and Ruby, who was in a stroller, were struck by Toyota Tundra that was rear-ended by a white Chevy Tahoe. The impact of the crash caused Ruby, who wasn't strapped to the stroller, to be thrown some 30 feet. She died later that afternoon from internal and head injuries. Meantime, Renee fractured her vertebrae and dislocated her shoulder, and Daisy broke her leg.

Distracted driving reportedly played a factor in the catastrophic Huntington Beach pedestrian accident. The driver of the Chevy Tahoe, 50-year-old Robert Anthony Casares, reportedly failed to notice that the traffic in front of him had stopped because he looked down for a moment to secure his laptop and prevent it from sliding out of its bag. Upon seeing the Toyota Tundra, he stepped on the brakes in an attempt to avoid hitting it but was unable to stop in time. Casares is charged with one misdemeanor count of vehicular manslaughter without gross negligence.

The Huntington Beach wrongful death and personal injury claims contend that the crosswalk where the tragic incident happened was not properly marked, had overhead flashing lights that weren't always working, and did not have adequate pedestrian-activated warning signs. Even prior to the accident, residents complained that the crosswalk was not safe for kids, who would use it to get to school.

A wrongful death claim against a California city is usually a precursor to a lawsuit.

$40 million in claims filed in crosswalk crash that killed baby, The OC Register, February 11, 2011

Orange County, California Pedestrian Accidents in Santa Ana, Huntington Beach, and Garden Grove Cause Injuries and One Death, California Injury Lawyers Blog, September 7, 2010

Related Web Resources:
Pedestrian Safety, SafeKids

California DMV

More California Injury Lawyers Blog Posts:
13-Year-Old Pedestrian is Struck in Orange County, California Car Crash by Two Vehicles, California Injury Lawyers Blog, January 13, 2011

16-Year-Old Cypress Pedestrian Dies from La Palma, California Car Accident Injuries, California Injury Lawyers Blog, November 5, 2010

A patient received the wrong kidney during a transplant procedure last month. Following the Los Angeles medical mistake, USC University Hospital temporarily shut down its program. Fortunately, according to program spokesperson Bryan Stewart, the patient was not harmed because the kidney was an acceptable match.

Still, this type of medical error can prove fatal. While organ transplants can save lives, they can also result in serious health complications. Not only is it important that a patient receives a healthy organ, but also it must be the right match for his/her body. Our Los Angeles medical malpractice lawyers are happy to hear that USC took immediate action to prevent such an error from occurring again.

USC voluntarily stopped transplants on January 29--it usually performs two a week--after it realized a "process error" had occurred. The mistake happened after two kidneys arrived at the transplant center at the same time. Once the mistake was discovered, blood samples were used to determine if the kidney was compatible with the patient that received it. Fortunately the donor's blood type was O, which is universally accepted. The kidney intended for this patient was given to another person. The patient who was supposed to get the kidney that had been misplaced was given another organ a few days later. United Network for Organ Sharing (UNOS) and California's Department of Public Health have been investigating the medical mistake.

Getting onto a transplant list can be tough and the wait to receive one that is the right match can be long. It is important that hospitals and medical professionals employ the proper safety measures and procedures to prevent avoidable mistakes that could cause serious injury, health complications, or death.

Wrong patient got kidney at USC, Los Angeles Times, February 18, 2011

Transplant Program Shut Down After Man Gets Wrong Kidney, Good Morning America, February 18, 2011

Related Web Resources:
USC University Hospital

Kidney Transplantation, National Institute of Health

More California Injury Lawyers Blog Posts:
Doctor Sued for Los Angeles Medical Malpractice Gives Up License for a Second Time, California Injury Lawyers Blog, January 30, 2011

Is it Time to Lift the California Medical Malpractice Caps?, California Injury Lawyers Blog, January 22, 2011

Three Orange County, California Hospitals Fined for Medical Mistakes, California Injury Lawyers Blog, November 12, 2010

Continue reading "Los Angeles Surgical Error: Wrong Kidney Given to Patient During Transplant Surgery at USC " »

Brian Lamar Love has filed a federal lawsuit accusing Buena Park police of Orange County, California police brutality. Love claims that during Halloween Haunt at Knott's Berry Farm in 2009, officers Tasered him several times, squeezed his genitals, and struck him with a baton. The 31-year-old Pasadena man claims he did nothing to provoke then.

Love, who was arrested on suspicion of battery on a peace officer and interfering with a police animal, was acquitted by a jury on five counts. A sixth count was later dismissed.

According to Love, he and friend Derica Johnson were in line to get on the GhostRider roller coaster when he left the line to use the bathroom. When he returned to the ride area, the park's security accused him and his friend of trying to cut in line. They told them to leave the park.

Per the federal lawsuit claiming Buena Park personal injury, city cops escorted Johnson and Love to the tunnel that links the amusement park to the main parking lot. Love claims that he then gave Sgt. Michael Lovchik a "man hug" to show he didn't have any hard feelings and that this was when the officers started to assault him. Love then slipped on a wet incline, hitting the horse that one of the cops was on. The animal fell to the ground and that was when another cop allegedly Tasered him several times while another squeezed his testicles.

Police Brutality
Police brutality can cause serious injuries and violates the victim's civil rights. Unfortunately, many incidents of excessive use of police force never come to light because people don't realize that what happened to them was wrong and against the law. Police brutality doesn't have to be an extreme act of physical violence. In some instances, verbal abuse or unnecessary/excessive user of a Taser can be acts of police violence. A police shooting can also be an incident of excessive force especially if the suspect could have been apprehend in less forceful ways.

Suit: Police abused man after 'man hug', The OC Register, February 17, 2011

Related Web Resources:
Knott's Berry Farm

Buena Park Police

More Blog Posts:

$20M Orange County, Wrongful Death Lawsuit Accuses Santa Ana Police of Shooting Man in the Back of the Head, California Injury Lawyers Blog, February 3, 2011

Los Angeles County Wrongful Death Lawsuit Expected in Police Shooting of Long Beach Man Holding Hose Nozzle, California Injury Lawyers Blog, December 17, 2010

Laguna Beach and Orange County, California Settle Taser Lawsuit by Dana Point Man in Wrongful Arrest Case, California Injury Lawyers Blog, November 19, 2010

The California Medical Board has placed Dr. Lawrence Hansen, a Cypress plastic surgeon, on probation for 35 months following the death of a patient. Maria Garcia, 35, died after undergoing plastic surgery.

Per board documents, Hansen performed a vaginal reconstruction on Garcia in March 2008 at Hills Surgical Institute, an Anaheim Hills outpatient center that was unaccredited at the time. The board contends that Hansen met Garcia just before the procedure and he did not take her complete medical history or conduct a comprehensive exam. Such negligence can be grounds for Anaheim medical malpractice.

During the procedure, Garcia started bleeding. Another doctor, Dr. Harrell Robinson, performed liposuction on her. Garcia then had a heart attack and died.

Documents accuse Hansen of incompetence because he did not check on Garcia after hearing about her health complications. He is also accused of not checking to make sure that the surgical center was accredited. Also, Hansen had not performed this particular type of surgery since retiring from active practice in 2003.

Hills Surgical Institute did get its accreditation five months after Garcia's surgery. However, last December, its director, Santa Ana Dr. Mark Knight, gave up his medical license after he was accused of having sex with a patient while her husband and kids waited for her outside. He also allegedly sexually abused another patient in 2007. Another doctor affiliated with the center, Anaheim Hills urologist Dr. Gary Rheinschild, also lost his license after allegedly botching several penis enlargement procedures. Robinson has had to surrender his medical license too.

Medical Malpractice
Doctors have a duty to provide patients with a certain level of medical care. When that care is not provided and injury, illness, health complications, or death results, the medical professional can be held liable for Orange County, California medical malpractice.

It is important that you work with an Anaheim medical malpractice law firm that understands the type of medical mistakes that can happen and how to prove that medical negligence occurred. Also, some less obvious examples of possible California medical malpractice include failure to obtain a patient's informed consent, as well as sexual assault or psychological manipulation by a medical professional. These are not "typical" medical mistakes but can still warrant the filing of an Anaheim medical malpractice lawsuit.

Doctor disciplined in plastic surgery death, OC Register, February 15, 2011

Elderly surgeon gets three years probation in death of cosmetic surgery patient, Los Angeles TImes, February 15, 2011

Related Web Resource:
The Medical Board of California

Related Blog Posts:
Los Angeles Medical Malpractice?: California Medical Board Investigates Surgeon Following Lawndale Woman's Death After Lap-Band Procedure, California Injury Lawyers Blog, February 4, 2011

Family is Suing Encino Cosmetic Surgeon for Los Angeles Wrongful Death, California Injury Lawyers Blog, December 29, 2011

San Clemente Woman Files Laguna Beach Medical Malpractice Lawsuit Accusing Gynecologist of Burning Her and Branding Her Uterus, California Injury Lawyers Blog, September 15, 2011

The U.S. 9th Circuit Court of Appeals says ex-prisoner Dion Starr can sue Los Angeles County Sheriff Leroy Baca for personal injury. Starr was stabbed 23 times in 2006 while behind bars. He contends that Baca knew that the conditions in the jail were dangerous yet displayed "deliberate indifference."

Yesterday, the appeals court ruled 2-1 that Baca isn't immune from Starr's Los Angeles injury lawsuit, and that the complaint, which had been tossed by a federal judge, will now go back to district court for the civil trial. The appeals court's majority ruling says that although the US Supreme Court's decision protects officials from liability against subordinates' illegal actions, that protection doesn't extend to rights violations of those in custody when the supervisor either had "knowledge of and acquiescence" of behavior that was unconstitutional.

Starr says that Baca had been warned repeatedly about the unsafe conditions in the jail. Among the notifications was a report issued by Special Counsel Merrick Bobb in 2005 about numerous cases of misconduct over five years. The report also notes that with the array of security flaws and problems with understaffing.

Starr contends in his Los Angeles personal injury lawsuit that when he called for help after Latino gang members threatened to attack him and his fellow African American cellmate, the deputy that came over unlocked the door to his cell. This allowed his attackers to come in and assault him. In addition to the 23 stab wounds that he sustained, Starr, who injured his head, now has a piece of metal in his skull.

Even if you have been convicted of a crime, you are still entitled to certain protections and there is no reason why you should be allowed to become the victim of police brutality or prisoner violence. Law enforcement officers and the government are responsible for providing you with a safe environment--regardless of whether you are in jail for an hour or in prison for years.

Suit alleging dangerous conditions in Sheriff Lee Baca's county jail moves forward, Los Angeles Times, February 12, 2011

DION STARR V. COUNTY OF LOS ANGELES, 09-55233, 9th Circuit Appeals Court

Related Web Resources:
Los Angeles County Sheriff's Department

Prisoners' Rights, Cornell University Law School

This week, California Highway Patrol officers in Orange County have been cracking down on drivers caught text messaging or talking on cell phones that aren't hands-free devices. This type of enforcement is important in preventing Orange County, California car crashes caused by distracted drivers--many who don't fully grasp that phone conversations and texting while driving can be dangerous. These latest CHP efforts took place in Westminster, San Juan Capistrano, and Santa Ana, California.

Although the texting and handheld phone bans have been in effect for some time, many people still can't resist the urge to make an important phone call or catch up with a friend while caught in traffic. In 2010, the CHP gave out 397 texting-while driving citations and 11,367 citations to motorists who talked on cell phones that were not hands-free. Also, last year, the Automobile Club of Southern California put out a study that showed that the level of texting while driving seemed to actually go up after the ban went into effect.

Our Westminster, California personal injury law firm cannot emphasize enough the risks motorists put themselves and others in when they text while driving or talk on a handheld device. Distracted driving has become an "epidemic" to the point that for the last two years, the US Department of Transportation has hosted gatherings focused on combatting this problem.

Meantime, the National Safety Council released a white paper pointing out that talking on a hand-free cellular device was also dangerous because this too requires that the brain multitask, which a person should not be doing while driving. Per the white paper, a driver on any type of cell phone may "look at" but fail to "see" up to 50% of the information in his/her driving environment. This type of "inattention blindness" can make it difficult for a motorist to spot potential hazards and respond swiftly and properly.

CHP officers on the lookout for drivers violating cell-phone laws, OC Register, February 9, 2011

The National Safety Council Releases White Paper on Brain Distraction During Cell Phone Use While Driving, National Safety Council, March 26, 2010

Related Web Resources:
Distracted Driving

California Highway Patrol

Related Blog Posts:
$49.2 California Car Accident Verdict Awarded to Driver's Family and CHP Officer Who is Now a Quadriplegic, California Injury Lawyers Blog, January 28, 2011

Allstate Says 12/15 is Day California Car Accidents are Most Likely to Occur, California Injury Lawyers Blog, December 6, 2010

16-Year-Old Cypress Pedestrian Dies from La Palma, California Car Accident Injuries, California Injury Lawyers Blog, November 6, 2010

Continue reading "Preventing Orange County, California Distracted Driving Accidents: CHP Cracks Down on Cell Phone Use and Text Messaging In Santa Ana, San Juan Capistrano, and Westminster" »

Kyle Ramirez is suing Child Protective Services in Sacramento County. The teenager's California injury claim blames the agency for ignoring the chronic abuse that his mother's friend Caren Ramirez inflicted upon him. Kyle, now 18, is seeking unspecified damages.

If you will recall, Kyle's story became national news in December 2008 when he escaped from a California home. He says that he had been chained to table, starved, beaten, burned, and cut. He managed to use a trampoline to jump over a wall. He still had a chain attached to his ankle when he walked into a health club.

Kyle's mother, a teenager, had given up custody of her two sons to Caren several years ago. The teenager's California personal injury lawyer, however, says that legal rights to the boys was never given to Caren and that CPS allowed the brothers to stay with him because of a handwritten note giving him guardianship.

Kyle's California injury attorney contends that CPS had at least six chances to get the boys out of the abusive situation but failed to act. At one point, Kyle's older brother even pleaded with authorities to rescue the younger boy.

Caren, Kelly Lau, and her husband Michael Schumacher have each been sentenced to over 30 years in prison for child abuse. Anthony Walters, who was also convicted, will be sentenced later this month.

A claim against a county or city is often a precursor to a California personal injury lawsuit. If you have been the victim of abuse and Child Protective Services or another government entity could have stopped or prevented the abuse, you may have grounds for an Orange County, California injury case. You also may have a case against your abuser.

Abuse of any kind is a crime and causes serious physical, psychological, and emotional injuries. Kids who are in the foster care system are especially vulnerable, which is why case workers and others involved with supervising their care must ensure that they are placed in homes that are safe and free from abuse.

Teen shackled, abused in Calif. home files claim, The OC Register, February 9, 2011

Abused boy files claim against Sacramento child protection agency, The Sacramento Bee, February 9, 2011

Family of Kyle Ramirez has many things to be grateful for this Thanksgiving, Contra Costa Times, November 24, 2010

Related Web Resource:
Child Protective Services, California

A federal jury has awarded the parents of Mohammad Usman Chaudhry $1.7 million for his Los Angeles wrongful death. Chaudhry was autistic. He was shot by ex-LAPD cop Joseph Cruz in March 2008.

Cruz, who was the one who shot the 21-year-old man, says he was acting in self-defense because Chaudhry had tried to attack him with a knife. Chaudhry's parents, however, disagreed with his account of what happened and they filed a police brutality lawsuit. Cruz was later dismissed from the force over dishonesty related to another case.

Los Angeles police brutality lawyers for Chaudry's parents presented DNA test findings that they said showed no sign that he had ever handled the knife that Cruz accused him of using. The jury found that the Cruz had used excessive force and was "reckless, oppressive, and malicious" in his actions.

Now, another Los Angeles wrongful death lawsuit has been filed against the LAPD and the city. Reginald Doucet Jr., 25, was fatally shot by an LAPD cop on January 14 in the Playa Vista area after an altercation with cops.

Police arrived in the neighborhood early in the morning because a naked man--Doucet--was yelling incoherently. They tried to apprehend him but he ran off. Following a scuffle, one of the cops shot Doucet twice. Now, his family is claiming negligence, wrongful death, negligent training and hiring, assault, and other allegations over his wrongful death.

Police Brutality
Police violence, which includes the use of unnecessary force, claims lives every year. This type of conduct cannot be condoned. There is no reason why you shouldn't hold the party responsible for harming you or you loved one liable for a serious injury--even if that party is a law enforcement official who was supposedly doing his/her job.

Jury awards $1.7 million in fatal police shooting of autistic man, Los Angeles Times, January 27, 2011

Negligence Claim Filed In Athlete's Death, KSBW, February 2, 2011

Related Web Resource:
Los Angeles Police Department

Related Blog Posts:
$20M Orange County, Wrongful Death Lawsuit Accuses Santa Ana Police of Shooting Man in the Back of the Head, California Injury Lawyers Blog, February 3, 2011

Los Angeles County Wrongful Death Lawsuit Expected in Police Shooting of Long Beach Man Holding Hose Nozzle, California Injury Lawyers Blog, December 17, 2010

Laguna Beach and Orange County, California Settle Taser Lawsuit by Dana Point Man in Wrongful Arrest Case, California Injury Lawyers Blog, November 19, 2010

Continue reading "Los Angeles County Wrongful Death: $1.7M Verdict Awarded in Lawsuit Against LAPD Over Autistic Man's Shooting" »

Dr. Phil and his wife Robin are the defendants of a Los Angeles dog bite lawsuit filed by their former friend Janet Harris. In her Los Angeles personal injury complaint, Harris claims that the couple's dog Maggie attacked her without provocation or warning.

As a result, Harris says that she sustained abrasions, cuts, and deep puncture wounds. She had to hire extended home nursing care during the seven days she was on antibiotics, steroids, and IV therapy.

Dr. Phil adopted Maggie, a Korean Jindo, in 2009. Harris says that the McGraws knew that the dog could be unpredictable and had a history of biting persons and other pets. She says that the Dr. Phil and his wife failed to get medical help for her even though she experienced "severe physical pain and mental anguish." Harris wants Los Angeles personal injury compensation for her medical expenses, income loss, general damages, and pain and suffering.

Per California's dog bite statute, a dog owner can be held liable for damages if the dog bites a person who is lawfully allowed to be on the property where the incident happened. The pet owner's prior knowledge of whether or not the dog is vicious is irrelevant. Also, there is a leash law requiring that a dog owner keep the pet on a leash unless it is confined to the home or within a fenced property. Depending on the circumstances surrounding the incident, if the Los Angeles dog attack occurred on property that is not owned by the dog owner, the premise owner may also be held liable.

Unfortunately, dog bite accidents happen. While owners must do what they can to prevent such incidents from happening, there are also steps you can take to protect yourself, such as, approaching a dog that doesn't know you, putting your face too close to the animal, leaving an unattended child with the dog, bothering it when it is eating or taking care of its puppies, or startling, teasing, or bullying the dog.

Premises Liability LA: Celebs Not Immune to Dog Bite Laws, Lawyers and Settlements, February 4, 2011

The Lawsuit (PDF)

Related Web Resources:
California Dangerous Dog Provisions, Animal Legal and Historical Center

Dog Bites, Nolo

A doctor who conducted a Lap-Band procedure on a Lawndale woman that died shortly after is under investigation. The Medical Board of California is assessing the care that Dr. Atul Madan provided Tamara Walter at a Beverly Hills clinic in December. The 52-year-old woman went into cardiac arrest after the procedure.

In their Los Angeles medical complaint to the medical board, Walter's family points to her post-surgery care. They say that she went into cardiac arrest while at the Beverly Hills Surgery Center after managing to take out her breathing tube twice. She was brain dead by the time she arrived at the hospital. If evidence of medical neglect surfaces, her family may have grounds for a Los Angeles County medical malpractice case.

Walters is the second person to die following a Lap-Band surgery performed by Madan. The first person, 33-year-old Ana Renteria, died last February days after her procedure. Per the coroner's office, the office worker died from medical complications related to her laparoscopic gastric band placement and from hernia repair. Renteria also suffered from diabetes.

Both Lap-Band procedures were conducted at the Beverly Hills Surgery Center where a third patient, Willie Brooks, died in 2009 after his Lap-Band procedure by Dr. George Tashjian. His cause of death, according to the Riverside County coroner, was peritonitis due to Lap-Band procedure. Brooks' family is suing for Los Angeles County medical malpractice.

Considered a safer choice than gastric bypass surgery, Lap-Band surgery, also called Laparoscopic Adjustable Gastric Banding, does have its risks. If the band slips, the part of the stomach above the band could cause the band to become a barrier in the stomach, which may lead to food or drink intolerances or stomach obstruction. If the body rejects the lap band or the band breaks, other health issues may result.

Examples of Lap-Band complications:

• Ulcers
• Slippage
• Erosion
• Hematoma
• Port Leaks
• Esophagus Dilation
• Port Problems
• Seroma
• Deterioration of the stomach wall

If surgical negligence or negligent medical care before or after a lap band procedure caused injury or death, the patient or his/her family may be entitled to Los Angeles personal injury compensation.

Lap-Band surgeon under review in 2nd patient death, Los Angeles Times, February 5, 2011

Answers sought in lap-band fatality, Daily Breeze, January 16, 2011

Related Web Resources:
Lap Band Surgery and Lap Band Overview

What is a strong malpractice case?, LectLaw

Continue reading "Los Angeles Medical Malpractice?: California Medical Board Investigates Surgeon Following Lawndale Woman's Death After Lap-Band Procedure" »

The family of Andres Ramirez have filed a $20 million Santa Ana, California wrongful death lawsuit against city police. Ramirez was shot in the back of the head by cops on December 10, 2011.

The 21-year-old man was in an alley on Poplar Street when he was shot. Police say that officers went there because they had received a report that there were gang members in the alley. They claim that when one of the cops saw Ramirez, he wielded a knife at them.

The family's Orange County, California wrongful death complaint, however, says that his hands were in the air when an officer came up to Ramirez from behind and shot him in the head. They also claim that the report that he was carrying a knife is "blatantly false."

Ramirez, who was visiting from North Carolina, had moved away from Santa Ana when he was 7 and his trip back last year was his first time back. He leaves behind a fiancé and two children, 20 months and 8 months, and his stepmother. The family says he was in Santa Ana looking for a job, did not belong to a gang, and did not own any weapons.

They are seeking compensation for the kids' loss of their father, the value of his life, the pain and suffering he experienced, and burial and funeral expenses.

Excessive Use of Force
There is a lot of work that must go into successfully pursuing financial recovery for excessive use of police force. In addition to the examination of evidence and police reports, there will likely be conflicting accounts of what happened. Witnesses may be afraid to step forward out of fear.

Police must never use unnecessary or excessive force when apprehending a suspect. It is against the law and can be grounds for Orange County, California personal injury recovery.

Family seeks $20 million, 'justice' for deadly police shooting, The OC Register, February 2, 2011

In-Custody Death and Police Killing of Andres Ramirez Put DA's New Disclosure Policy to the Test, OC Weekly, December 14, 2010

Related Web Resource:
Santa Ana Police Department