California Injury Lawyers Blog

Mark Anthony Knight, the Santa Ana plastic surgeon who was forced to give up his medical license after he was accused of having sex with a patient, is now the defendant of a Los Angeles, California medical malpractice lawsuit. The plaintiff is a woman who says that he gave her breast implants that were too big.

Elisa Geraci claims she initially wanted a breast lift but that Knight suggested that she get breast implants. Geraci contends that she agreed to C cup implants but when she woke up her breasts were so big they caused her to "look like a monster." She accuses Knight of refusing to remedy the medical error. Gerasi has since gone to another plastic surgeon and had the implants taken out.

Knight lost his license in 2010 to settle the sexual misconduct allegations. Earlier that year the California Medical Board accused him of having inappropriate sexual contact with two patients. He allegedly had sex with one patient while her spouse and kids were in the waiting room. He also allegedly kissed another patient even though she rebuffed his advances.

"Plastic surgery, like any other surgery, is a procedure to be taken seriously--even done when for cosmetic purposes," says Howard Law, PC partner and Anaheim medical malpractice attorney Vincent Howard. "It is important that plastic surgeons don't make any mistakes that cause serious injury, problems patient's physical appearance, or any health complications."

In Southern California, where the pressure to maintain a beautiful physical appearance is high, it is not uncommon for both men and women to undergo plastic surgery. It is important that the doctor who performs your procedure is experienced in this field of medicine and has the skills to do a proper job.

Risks associated with getting breast implants:
• Infection
• Wrong implant size
• Toxic shock syndrome
• Breast pain
• Chest pain
• Leaks
• Ruptures
• Deflated implants
• Scarring
• Asymmetry
• Rippling
• Nipple numbness

Breast implant procedures are costly enough to begin with, but add the expenses of corrective surgery and additional treatments and the medical bills can really start to skyrocket. These damages don't even include the complications that can arise from these serious risks if any of them do manifest.

"You want to make sure that you work with a Los Angeles personal injury law firm that knows how to determine who should be held responsible" said Anaheim plastic surgery malpractice attorney Vincent Howard.

Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case, California Injury Lawyers Blog, December 16, 2011

Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Continue reading "Los Angeles Plastic Surgery Malpractice: Woman Sues Santa Ana Doctor For Botched Breast Implants " »

According to the New York Times, many cases of hospital delirium involving elderly patients can be prevented if only the proper medical steps are taken. Also, not only does this condition often go undiagnosed and, therefore, is not treated properly, but also, delirium can later to lead to other mental complications while potentially increasing the risk of death. Our Anaheim medical malpractice lawyers at Howard Law, PC wants to remind you that if you or someone you love suffered health complications that could have been prevented by a medical professional, you may have grounds for an Orange County, California personal injury case.

Hospital delirium is a brain dysfunction that is one of the more common complications that elderly patients can face. Common causes of hospital delirium include:
• Prescribing certain medications (including certain sleeping pills, sedatives, painkillers, allergy meds, incontinence medications, and blood pressure drugs.
• Anesthesia
• Immobilizing a patient
• Surgery
• Infection
• Pneumonia
• Catheter insertions

Of the 11.8 million elderly patients that are hospitalized annually, 20% of them will experience hospital delirium. Per the American Geriatrics Society, many of these patients had been treated in the ICU or underwent surgery.

Even if the delirium is short-lived, Vanderbilt University School of Medicine professor Dr. E. Wesley Ely reports that the consequences may be long-term. Image scans of patients that suffered from delirium showed a change in brain size. Not only can delirium cause mental impairment and long-term memory loss, but also the risk of death may rise threefold.

Yet despite the fact that hospital delirium is not uncommon, Harvard Medical School Professor and Aging Brain Center at Hebrew Senior Life director Dr. Sharon K. Inouye says that many doctors, especially those belonging to the older generations, are still not aware that 30-40% of incidents of hospital delirium are preventable.

"Proper diagnosis, treatment, and supervision are integral when providing medical care to hospital patients," says Howard Law, PC founder and Anaheim personal injury attorney Vincent Howard. "Over the years, we've talked to too many people whose condition deteriorated or suffered health complications due to medical negligence or ignorance."

Possible Signs of hospital delirium:
• Disorientation
• Problems focusing
• Inattention
• Confusion
• Illogical thinking
• Difficulty paying attention
• Agitation
• Aggressiveness
• Anxiety
• Lethargy
• Problems making eye contact
• Muddled thinking
• Confusion
• Inability to answer basic questions

The New York Times notes that it is also important that medical professionals be able to tell the difference between delirium and dementia.

Some ways to treat hospital delirium:
• Proper fluids and nutrition
• Reorientation techniques to help the person get grounded in reality again
• Creating a familiar, quiet environment so the patient can recover
• Correcting sensory deficits with hearing aids and glasses
• Avoiding physical restraints
• Close observation and supervision
• Psychiatric counseling

That said, treating delirium can be costly and may lead to extended hospital stays, an increased chance of later developing dementia, and additional care at a nursing home or rehab center.

"It is essential that people know about hospital delirium and understand that this condition can be prevented," said Anaheim personal injury lawyer Vincent Howard. "One way of doing this is holding that party or parties that caused such health complications accountable for Orange County, California medical malpractice so that they don't make the same mistakes in the future."

Another Hospital Hazard for the Elderly, New York Times, November 2, 2011

Delirium treatment and management, Medscape

Hospital delirium is common and often goes unrecognized, reports Harvard Women's Health Watch, Harvard Health Publications

More Blog Posts:
Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Convicted of Involuntary Manslaughter, Dr. Conrad Murray Still Faces Los Angeles Wrongful Death Lawsuit Over Michael Jackson's Fatal Overdose, California Injury Lawyers Blog, November 8, 2011

$10M California Medical Malpractice Settlement Awarded to Family of Toddler Who Underwent Amputations Following 5 Hour ER Delay, California Injury Lawyers Blog, October 29, 2011

Continue reading "Orange County, California Medical Malpractice: Hospital Delirium Can Be Prevented with Proper Medical Care " »

Dr. Dariush Javanshir's license has been revoked because he overprescribed medication to a patient a month before the latter died from a painkiller overdose in 2007. According to records from the Medical Board of California, the Irvine doctor provided the patient, a man in his 60's suffering from depression, with an unacceptable level of medical care, was negligent on multiple occasions, and failed to keep solid medical records.

"Orange County, California medical negligence can have fatal consequences," said Howard Law, PC partner and Anaheim medical malpractice attorney Vincent Howard. "Medical professionals that fail to provide a patient with the standard of level of care can be held liable if serious injury or death results."

The patient, whom Javanshir began treating in 2002, was suffering from suicidal thoughts, depression, anxiety, sleeping problems, low back pain, diabetes, panic attacks, and drug addiction. Between November 2006 through April 2007 Javanshir prescribed 1,120 lorazepam pills, 90 Valium tablets, 180 Ambien tablets, and 2,245 propoxyphene tablets. The reason that the doctor provided for authorizing the meds is that the patient was going to Afghanistan. However, Javanshir's medical records show that he, in fact, was aware that his patient was planning on sending the medication to friends and family there. Regardless of whether the extra medicine was for the patient or for others, both reasons are not acceptable for why a doctor would prescribe opiates to someone.

Irvine Medical Negligence
Prescription errors are a serious matter, even when the medication isn't a heavy-duty drug. Depending on the drug, the dose administered/taken, whether/not the person is taking other medications, and/or how it impacts the patient, the outcome could prove deadly or result in serious health complications. (Some other possible common effects of medication mistakes include fatal overdose, kidney damage, internal bleeding, brain injury, hypertensia, liver damage, permanent disability, chemical burns, bleed outs and coma.)

"For a doctor to purposely prescribe the wrong dose whether to enable a patient or for personal profit is Irvine medical negligence," said Orange County, California medical malpractice attorney Vincent Howard.

This is not the first time that Javanshir has been accused of medical negligence. In 1995, he allegedly overprescribed meds to someone without conducting a proper physical. He was later disciplined for failing for prescribing medications to patients for conditions they weren't suffering from and for failing to conduct a proper exam on one person who was experiencing headaches and stomach pain.

Irvine doctor loses medical license after patient dies of overdose, Los Angeles Times, January 8, 2012

Medical board: Doctor was negligent, Daily Pilot, January 7, 2012

More Blog Posts:
Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case, California Injury Lawyers Blog, December 16, 2011

Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Continue reading "Doctor Accused of Irvine, California Medical Negligence for Overprescribing Medicine Loses His License" »

At Howard Law, PC, we understand the devastation that comes with seeing your child's future irrevocably altered before his/her life has even started. It can be hard to grasp that Orange County, California birthing errors made either before, during, or immediately after delivery caused your son/daughter serious and debilitating injuries.

Examples of medical mistakes that could be grounds for an Anaheim birthing malpractice case should serious injury or death result:
• Not monitoring the baby's vitals
• Inadequate prenatal care
• Not testing for fetal abnormalities
• Waiting too long to perform a C-section
• Delivering the baby sooner than necessary for no medical reason
• Anesthesia mistakes
• Failure to identify when the baby is in fetal distress
• Failure to properly monitor the mother's vitals
• Poor post-delivery care

Birthing negligence can cause:
• Wrongful death
• Brain injury
• Vacuum injuries
• Hypoxia
• Forceps-related injuries
• Developmental problems
• Hypoxia
• Cerebral palsy
• Shoulder dystocia
• Erb's palsy

Mothers who are injured as a result of medical negligence may also have grounds for an Orange County, California birthing malpractice case.

"For some families, an injury to a child during birth is not just the end of a dream but it changes the course of all of their lives," said Anaheim medical malpractice attorney Vincent Howard. "The emotional, financial, and physical toll that a birth defect can have on a child and his loved ones is irrationally high."

Fortunately, the legal system allows parents to sue for damages, which can help alleviate the cost of full-time nursing care and any other medical services that a child with a severe birth defect may need for life. (In certain instances, at least one parent may have to stop working in order to care for the son or daughter and families are left wondering what could have been if only a surgeon, obstetrician, anesthesiologist, or nurse hadn't made a medical mistake that should have been prevented.)

"No amount of money can make up for what happened to you and your family, but it can provide some financial relief," said Anaheim birthing malpractice lawyer Vincent Howard. "It can also allow you to hold the responsible parties accountable for the harm that has been suffered.

Earlier this year, a jury awarded one couple on the East Coast $58 million because delays in performing a C-section left their son brain damaged and suffering from cerebral palsy. The parents also contend that when the doctor did finally perform the procedure, two days too late, incisions were made in the wrong area.

The boy, now 8, cannot talk or walk. The money will pay for his care for life.

$58 Million Awarded To Connecticut Couple In Delayed C-Section Case, CBS New York, May 26, 2011

Birth Injuries and Cerebral Palsy, Nolo

Is 'Wrongful Birth' Malpractice?, CBS News, February 11, 2009

More Blog Posts:
Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Convicted of Involuntary Manslaughter, Dr. Conrad Murray Still Faces Los Angeles Wrongful Death Lawsuit Over Michael Jackson's Fatal Overdose, California Injury Lawyers Blog, November 8, 2011

$10M California Medical Malpractice Settlement Awarded to Family of Toddler Who Underwent Amputations Following 5 Hour ER Delay, California Injury Lawyers Blog, October 29, 2011

Continue reading "Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case" »

The state's Department of Public Health has fined two Orange County hospitals over medical mistakes that led to the death of one patient and a second surgery for another. St. Jude Medical Center in Fullerton and Mission Hospital in Mission Viejo are one of 14 California hospitals ordered to pay fines for life-threatening medical errors.

The Fullerton hospital was fined $75,000 because a nurse in training administered too much morphine to a patient, who then died. The Orange County, California medical mistake reportedly took place in 2009. The nurse, who was undergoing orientation at the time, reportedly did not understand a statement made by a doctor and mistakenly upped the patient's morphine dosage by tenfold. The nurse failed to verify the dose change with a second nurse, even though this is mandated by the hospital. Within hours the patient was dead from "acute morphine intoxication."

Meantime, Mission hospital has been ordered to pay $100,000 for a surgical mistake that left one patient with a metal screw cap in her body. The 71-year-old woman underwent the original procedure to have a metal implant inserted. During the back surgery, a metal screw cap, which should have been taken out, was left inside her. She had to undergo a second procedure to get it removed.

Inspectors believe that staff disregarded the Orange County, California hospital's policy for making sure that all surgical items are accounted for following a surgical procedure to make sure that no foreign objects are mistakenly left inside a patient's body. Since the incident, the Mission Viejo hospital has added implant screw caps to its surgical tray count and now mandates that an X-ray be conducted to check on all implant hardware prior to letting the patient leave the operating room.

"Hospitals and medical staff cannot afford to make any mistakes because the repercussions for a patient can prove fatal," said Anaheim medical malpractice attorney Vincent Howard of Howard Law, PC." "In addition to any actions imposed by the state, you too may be able to hold the negligent parties accountable by filing a civil claim."

In total, the California Department of Public Health fined the 14 hospitals $850,000. Medical errors committed by the other hospitals included (California HealthLine.org):

• Antibiotic overdose
• Leaving gauze inside a patient during a hysterectomy
• Administering vaccine that was improperly refrigerated to thousands of patients over a nearly three year period
• Failing to give an infant medication
• Conducting a partial, instead of a total, mastectomy on a patient
• An infant kidnapping by someone pretending to be a nurse
• Leaving a pin inside a patient's neck during spinal surgery
• Leaving a surgical sponge inside a patient
• Attempting to operate on the wrong eye
• Leaving a surgical towel inside a patient's abdomen

State fines two O.C. hospitals for medical errors, OC Register, December 8, 2011

Public Health Department Fines 14 Hospitals for Patient Safety Errors, California Healthline, December 9, 2011

More Blog Posts:
Convicted of Involuntary Manslaughter, Dr. Conrad Murray Still Faces Los Angeles Wrongful Death Lawsuit Over Michael Jackson's Fatal Overdose, California Injury Lawyers Blog, November 8, 2011

$10M California Medical Malpractice Settlement Awarded to Family of Toddler Who Underwent Amputations Following 5 Hour ER Delay, California Injury Lawyers Blog, October 29, 2011

Orange County, California Sex Abuse: Another Patient Accuses Anesthesiologist at Placentia-Linda Hospital, California Injury Lawyers Blog, October 26, 2011

Continue reading "Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error " »

A jury has convicted Dr. Conrad Murray of involuntary manslaughter in Michael Jackson's California death. The guilty verdict means that the jury members unanimously believe that Murray committed a crime that placed Jackson at high risk of severe bodily injury or death.

While Murray is now facing up to four years in prison, there is a good chance that he could end up serving his time while under house arrest due to prisons being too crowded and existing budget constraints. Murray's legal problems are not finished yet, however. Jackson's dad Joseph Jackson is suing the doctor for his son's Los Angeles wrongful death.

The pop star died on June 25, 2009 in Los Angeles. He was 50.

Prosecutors had accused Murray of gross negligence in giving Jackson propofol to help him sleep. They also said he was negligent for not monitoring him, giving him the medication in a home environment (this anesthetic normally used during surgery), waiting too long to call emergency services, and not telling medical workers that Jackson had taken the powerful drug.

While Murray admitted administering a small dose of propofol to help Jackson sleep, he pleaded not guilty to giving Jackson the deadly amount that killed him. Instead, Murray's defense lawyers argued that the singer was the one who gave himself that last dose, in addition to a bunch of sedatives.

Following the conviction, which was announced yesterday, Murray was placed on suicide watch.

As our Anaheim personal injury law firm mentioned earlier in this blog post, Murray still has other legal challenges ahead. Joe Jackson is also seeking Los Angeles medical malpractice damages from the doctor. Noting that Joe is not a beneficiary to the singer's estate, Murray's legal team has sought to have the Los Angeles wrongful death lawsuit dismissed.

The doctor, however, is not named in the Los Angeles wrongful death case filed by Jackson's Michael Joseph Jackson Jr., Prince Michael Jackson II, and Paris-Michael Katherine Jackson, and his mother Katherine Jackson, who are his beneficiaries. They are suing AEG Live, the concert promoter that Jackson was working with to get ready for his comeback concerts in London.

They contend that the defendant should have protected the music icon, rather than making profits the priority. Katherine Jackson says that the promoter pressured her son with a hectic rehearsal schedule, even threatening to cancel the tour if he called in sick again.

Los Angeles Wrongful Death
Surviving family members may be able to obtain California wrongful death damages from those whose negligence contributed to the decedent's passing. Defendants don't need to have been the direct cause of the death in order to be held liable.

Michael Jackson's doctor guilty of manslaughter, Reuters, November 7, 2011

Katherine Jackson Sues AEG Over Michael's Death, TMZ, September 15, 2010

Joe Jackson Refiles Wrongful Death Lawsuit, NBC Los Angeles, November 30, 2010

Seal Beach Wrongful Death Lawsuit Filed by Former In-Laws of Alleged Salon Shooter, California Injury Lawyers Blog, November 4, 2011

Michael Jackson's Mother Files Los Angeles Wrongful Death Lawsuit Against AEG Live, California Injury Lawyers Blog, September 16, 2010

Michael Jackson's Father Files Los Angeles Wrongful Death Lawsuit, California Injury Lawyers Blog, June 25, 2010

The family of Malyia Jeffers has settled their California medical malpractice case with a local hospital. Malyia, then 2, had to have her left hand, part of her right hand, and feet amputated after waiting several hours to be seen at the emergency room at Methodist Hospital of Sacramento. The case has been settled for $10 million.

Per court documents, last November Malyia's parents took her to the hospital because she was suffering from weakness, skin discoloration, and a fever. They waited five hours in the waiting room even though they kept begging that hospital workers see their daughter. Meantime, the bruising on Malyia's body got worse, impacting her arms, legs, and face. In their California ER malpractice complaint, Leah Yang and Ryan Jeffers accused the hospital of inadequate staffing and negligent operation and supervision of the ER.

Malyia was eventually flown to Stanford University's Lucile Packard Children's Hospital where doctors diagnosed her with Streptococcus A bacteria, which by then had entered her organs and blood. She also spent over three months at the Stanford hospital.

The majority of the settlement, with the hospital and parent company Catholic Healthcare West, will go towards providing for Malyia's current and future needs. In addition to ongoing therapy, she also has customized prosthetics, costly meds, special clothing, and will have to use wheelchairs for life.

ER Malpractice
Unfortunately, the hectic pace of an ER can lend itself to medical mistakes. Late hours, not enough staff, lots of people coming in and out, doctors rushing from one patient to another, and emergency situations can create a lot of chaos and distraction and errors can be easily made and overlooked.

Common ER mistakes include:
• Failure to diagnose
• Wrong diagnosis
• Medication mistakes
• Surgical errors
• Inaccurate lab tests
• Not enough testing
• Unsanitary conditions
• Anesthesia mistakes
• Chart errors
• Delayed diagnosis
• Delayed treatment
• Discharging someone prematurely
• Insufficient patient history

As with any Orange County, California medical malpractice case, you want to work with a personal injury law firm that understands the nature and complexities of this type of civil suit and can prove liability.

Nurses, OB/GYNS, surgeons, doctors, and anesthesiologists are some of the medical professionals that can make ER mistakes. Hospitals and medical staff know that the emergency room is a place where medical errors can happen if one isn't careful enough or there aren't proper procedures in place to prevent them from happening. There may be more than one party who should be held liable.

Medical mistakes can result in catastrophic consequences for patients. Often, these can lead to costly additional treatment, procedures, and care. There is no reason why you shouldn't be allowed to obtain the maximum recovery possible for the harm that you or your loved one has suffered.

Girl Gets $10M Settlement After ER Delay, ABC News/AP, October 28, 2011

Lawsuit alleges ER negligence in treating toddler's infection, Sacbee, February 15, 2011

More Blog Posts:
California Products Liability: Los Angeles Judge Awards Family $4.6M for Injury from Botched Circumcision, California Injury Lawyers Blog, July 18, 2011

$5.5 Million Los Angeles County Medical Malpractice Settlement Reached with Family of Redondo Beach Cheerleader who Sustained Permanent TBI, California Injury Lawyers Blog, August 26, 2010

Laguna Beach Medical Malpractice?: Mission Hospital Fined For Accidentally Giving Morphine to Newborn, California Injury Lawyers Blog, May 20, 2010

A third female has come forward claiming that anesthesiologist Yashwant B. Giri sexually assaulted her. All three patients underwent surgery at Placentia-Linda Hospital.

Girl, is now accused of molesting a 16-year-old girl in 2009, a 28-year-old woman in 2010. and a 36-year-old female earlier this year. He has been charged with sexual abuse. Hospital employees have also said that they saw Girl sexually abuse two of the victims.

The latest woman to come forward says that Girl assaulted her in a private room before she was put under for surgery. The Orange County-Register reports that she finally decided to come forward after her therapist and loved one's encouraged her to speak out.

Sexual Abuse by Doctors
Sexual abuse inflicted by anyone can be a very traumatic experience. When a medical professional is the offender, it is a huge breach of his/her obligation to provide a patient with a certain level of care. Doctors, nurses, anesthesiologists, and surgeons have access to patients' bodies because they are tasked with providing the proper treatment. When that privilege is abused it can result in devastating emotional and psychological injuries, as well as physical injuries.

In California, victims can sue a medical professional, including psychotherapists, for Orange County, California sex abuse damages. It can also be grounds for Placentia medical malpractice against the health care provider or professional.

Possible defendants may include the abuser and the health care facility where the sexual abuse happened. Did administrators know that the medical professional may have molested people in the past? Where appropriate steps were taken to prevent sexual assault and abuse from happening at the hospital/medical facility? Were previous complaints of sexual assault against the doctor/nurse/surgeon/anesthesiologist investigated? Was someone with a criminal background or past history of abuse allowed to work at the hospital?

If the victim of sexual abuse is a child, special circumstances may allow for a later claim. A few months ago, the American Academy of Pediatrics issued its first policy to protect kids from sex abuse by doctors. Parents and their children should be notified that they are entitled to having a chaperone with kids at exams. Health care institutions should notify authorities about suspected sex abuse.

The policy called any type of child sex abuse by medical providers a "profound betrayal" of the patient and medical ethics. That said, adult patients should also be protected from sexual assault by a medical professional or anyone else while receiving treatment at a facility.

Our Anaheim personal injury law firm is familiar with the devastation sex abuse can cause on a victim's life. Many of the injuries are not visible to the naked eye, but the damage that sexual assault can wreak on a person's personal life, professional life, emotional health, and mental well-being can cause ramifications that cannot be denied.

Doctors' group issues policy on sex abuse of children, Los Angeles Times/AP, July 19, 2011

Third victim alleges abused by doctor, OC Register, October 25, 2011

More Blog Posts:
Hundreds of Doctors Accused of California Medical Malpractice Were Not Disciplined by the State, Says Public Citizen, California Injury Lawyers Blog, August 11, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Brother of Alleged Clergy Sex Abuse Victim Says He Too Was Molested by Priests at Huntington Beach Parish, California Injury Lawyers Blog, January 20, 2011

The widow of a man who died as a result of California medical malpractice will receive $250,000 in noneconomic damages instead of the $6 million that she was awarded by a jury for her husband's wrongful death. The ruling, by the Court of Appeal of the State of California, 5th Appellate District, upholds California's $250,000 noneconomic damages cap. The court agreed that the cap, which the state's Supreme Court has deemed constitutional, doesn't violate a citizen's equal protection rights.

The plaintiff, Holly Stinnett, sued Dr. Tony Tam and Modesto Surgical Associates for her husband Stanley Stinnett's wrongful death. In 2006, several days after he was admitted to Memorial Medical Center of Modesto for treatment of his California motorcycle injuries, Stanley went to respiratory arrest and his stomach filled up with fluid before he then passed away.

Holly blames California medical negligence on Dr. Tam's part for her husband's passing. She contended that Stanley died from stomach aspiration because the surgeon failed to drain the fluid in his stomach.

Even though Tam denied Holly's allegations, the jury found the defendants negligent. They awarded her $6 million in noneconomic damages and over $1 million in economic damages. A trial court granted Tam's request that the awarded be lowered according to state law. Holly then appealed.

The damages cap falls under Medical Injury Compensation Reform Act. While the appeals court judges found the cap constitutional in 2009 after one of the lawsuits that challenged it, that ruling was never published. As a result, future complaints could not cite that decision as case law. This latest opinion, however, will be published.

California Medical Malpractice
Under state law, an adult victim of Anaheim, California medical malpractice or the family of the person who died from medical negligence has a year from the date of finding out a negligent act occurred--but not beyond three years from the date the injury occurred--to file a civil action. Because this type of case can be a complex one, the sooner you speak with a Los Angeles medical malpractice lawyer who can start investigating what happened, building your case, and pursuing financial recovery, the better.

Some examples of medical malpractice:

• Wrong diagnosis
• Delayed diagnosis
• Failure to obtain informed consent
• Surgical malpractice
• Poor pre-operative care
• Poor post-operative care
• Anesthesia errors
• Dental malpractice
• OB/GYN malpractice
• Birthing malpractice
• Medicine-related mistakes
• Nursing negligence
• Medical testing errors
• Failure to diagnose

Plaintiffs must prove that the medical professional or professionals did not meet the standard duty of care. In many cases, "expert witnesses," such as another doctor, may be required to prove that this negligence occurred. Victims and their loved ones will also have to show that this inadequate medical care resulted in injuries, illness, or death.

California's noneconomic damages cap upheld, AMEDNews, September 26, 2011

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

California Wrongful Death Lawsuit Filed in Los Angeles Medical Malpractice Case Involving Lap-Band Patient Also Seeks Damages from Advertising Company, California Injury Lawyers Blog, September 14, 2011

Los Angeles Plastic Surgery Malpractice?: California Sting Operation Shuts Down West Hollywood Clinic, California Injury Lawyers Blog, August 16, 2011

The Calayan Surgicentre Corp. has been temporarily shut down, following a sting operation by California regulators. The Los Angeles plastic surgery clinic has also been charged with practicing medicine without a license.

Medical Board of California began investigating the clinic after receiving complaints that people had been injured by laser treatments, Botox procedures, and other medical services. During the sting, at least one employee was discovered pretending to be a doctor, diagnosing a medical condition, and conducting laser treatments. If anyone was injured as a result, the clinic could be held liable for Los Angeles medical malpractice for letting an unqualified person pose as a physician and treat patients.

The West Hollywood clinic is owned by Pie and Manny Calayan. Although their Facebook pages and website refers to them as doctors, they don't have a license to practice medicine in the state of California. They do, however, have medical school diplomas from the Philippines. They also have certificates of memberships in US medical associations that allow doctors with licenses from abroad to join. The clinic's website promotes Manny as someone trained in the US.

If you or someone you love was injured while undergoing cosmetic surgery, at the Calayan Surgicentre Corp. or any other plastic surgery center, you may have reason for filing a Los Angeles plastic surgery malpractice lawsuit against the medical professional that was negligent.

Examples of injuries that can occur because of California plastic surgery malpractice:
• Blood clots
• Disfigurement
• Resurfacing complications
• Infection
• Anesthesia complications
• Traumatic brain injury
• Over-correction
• Nerve damage
• Under-correction
• Scarring
• Wrong-size implants
• Necrosis
• Seroma
• Rippling
• Asymmetry
• Encapsulation
• Breast implant leakage, deflation, or rupture
• Alterations to nipple sensation
• Nipple cover loss
• Rippling
• Dry eyes
• Burning
• Pulmonary embolism
• Too much skin taken off
• Blistering
• Emotional trauma
• Damage to the physical appearance
• Abdominal perforations
• Internal bleeding
• Skin discoloration
• Organ penetration
• Death

Los Angeles plastic surgery errors can cause serious pain and suffering and, depending on the injury that results, can scar a victim, marring his/her physical appearance for life. Considering that many people seek plastic surgery to improve or enhance their appearance, this opposite outcome can be very traumatic, altering the patient's well-being, emotional state, personal life, and/or career.

Plastic surgeons, like all physicians, must provide patients with a basic level of care. When inadequate training, inexperience, carelessness, or recklessness results in a patient getting hurt or suffering health complications, he/she may be able to file a Los Angeles personal injury case.

You will want to work with a Los Angeles plastic surgery malpractice law firm that knows how to determine what happened and who was at fault. In addition to the negligent physician/(another) medical professional. You also may be able to seek damages from the hospital or center where the botched procedure took place. The statute of limitations for filing a California medical malpractice case is one year from the date of discovery that a negligent act occurred. However, no more than three years can have passed since when the injury actually happened.

Board probes plastic surgeon's West Hollywood clinic, Los Angeles Times, August 11, 2011

Medical Board of California investigators serve search warrant on medical clinic in West Hollywood, Medical Board of California, August 11, 2011

Related Web Resource:
Calayan Surgicentre Corp.

More Blog Posts:
Family of Lawndale Woman to Pursue Los Angeles Surgery Malpractice Action Over Her California Wrongful Death from Lap-Band Surgery, California Injury Lawyers Blog, April 27, 2011

Anaheim Hills Medical Malpractice?: Cypress Plastic Surgeon on Probation After Patient Dies, California Injury Lawyers Blog, February 15, 2011

Family is Suing Encino Cosmetic Surgeon for Los Angeles Wrongful Death, California Injury Lawyers Blog, December 29, 2010

Public Citizen is accusing the Medical Board of California and state regulators of failing to discipline 710 doctors whose hospital privileges were revoked because of California medical malpractice, other serious mistakes, and incompetence. The non-profit consumer group's conclusions come from its analysis of the National Practitioner Data Bank.

Among the doctors who were not disciplined are 102 physicians that had been deemed an "immediate threat" to patients. The Medical Board, In its response to a letter written by Public Citizen's Dr. Sidney Wolf five months ago, said that staff vacancies and budget cuts were factors in its inaction.

Public Citizen has now written to California Governor Jerry Brown. According to Wolfe, the medical board is not acting to protect patients from these doctors with already documented poor records. Public Citizen also claims that the state doesn't seem interested in identifying these physicians.

Our Anaheim medical malpractice law firm would like to point out that disciplinary action against a negligent doctor doesn't have to happen first before you can file an Orange County, California personal injury lawsuit. We also represent victims of Los Angeles medical malpractice, San Bernardino County medical malpractice, and Riverside County medial malpractice.

Among the details Public Citizen found in the national database:
• One doctor had eight medical malpractice payouts totally about $2 million over a 17 year period. He lost his clinical privileges three times.
• Another doctor's hospital privileges were taken away because he was found to be a danger to his patients. He had six California medical malpractice payouts. One of his patients sustained serious permanent injury.
• Another doctor had 15 medical malpractice payouts. Two of the incidents involved foreign objects that were accidentally left inside patients. One of the physician's patients sustained serious permanent injury.

Unfortunately, every year there are people who sustain serious injuries and/or other health complications because a physician was negligent, careless, reckless, or made an avoidable mistake. Doctors and other medical professionals owe patients a duty of care to provide a certain standard of quality care. When failure to provide that care results in the patient getting hurt, he/she may have reason for filing a California medical malpractice lawsuit. Families of those who died because of medical negligence or neglect may have grounds for a California wrongful death complaint.

Some examples of medical mistakes:
• Medication mix-ups
• Failure to obtain informed consent
• Birthing errors
• Negligent prenatal care
• Poor post-operative care
• Anesthesia errors
• Wrong diagnosis
• Delayed diagnosis
• Wrong-site surgery
• Leaving foreign instruments in the body
• Negligent nursing care

A California medical malpractice has to be brought within a year of the claimant finding out about the negligent act but no more than three years after the date the injury incident happened. If the victim is a minor, then a California medical malpractice action has to be brought within three years of when the negligent act happened. However, if the child is younger than 6, the action has to be commenced within three years or before his/her eight birthday (whichever is a longer time period). Under California's pure comparative negligence rule, negligence on the victim's part can decrease the amount of recovery owed but it will not entirely eliminate recovery.

Report: California failed to discipline hundreds of dangerous doctors, OC Register, August 11, 2011

Read the letter from the Medical Board of California, Citizen.org (PDF)

Read the letter from Public Citizen

Related Web Resources:

National Practitioner Data Bank

Medical Board of California

Public Citizen

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Orange County, California Medical Malpractice Lawsuits Blame Roland Heights Osteopath For Two Prescription Overdose Deaths, California Injury Lawyers Blog, July 13, 2011

Los Angeles Medical Malpractice: $2.25M Verdict Awarded to Eye Surgery Patient Who Suffered Brain Injury, California Injury Lawyers Blog, June 17, 2011

Anaheim Medical Malpractice?: Wrong-Side Kidney Operation Performed on a Patient, California Injury Lawyers Blog, June 6, 2011

Continue reading "Hundreds of Doctors Accused of California Medical Malpractice Were Not Disciplined by the State, Says Public Citizen" »

A judge has awarded a family $4.6 million for injuries to a child that were sustained by a boy during a botched circumcision in 2003. Per the Los Angeles personal injury complaint, which was filed by his mother Melanie Hall, the incident took off 85% of the top of the boy's penis. The defendants of the California products liability case are Integra Life Sciences Holding Corp. and Miltex Inc.

Dr. Anthony Picket, the physician who performed the procedure on the boy, who is now 8, used a clamp, which was made by Miltex. The boy's Los Angeles injuries to a minor complaint contends that because the clamp was defectively designed, the head of the penis wasn't protected. As a result, the boy's penis head was amputated.

Because of the injury, the boy will have to see a pediatric urologist and a psychiatrist to cope with the trauma from what happened. He also will likely have to undergo more surgeries over the coming years.

Botched Circumcisions
Unfortunately, botched circumcisions can happen, which is why it is important that the person performing the procedure is careful and doesn't make any mistakes that could cause serious injury. It is also the responsibility of the manufacturers of the medical instruments used in circumcisions to make sure their products are safe.

Just last year, a judge awarded a family $10.8 million against clamp manufacturer Mogen. The boy lost his penis's entire head when it was pulled into the clamp's mouth. A separate settlement was negotiated with the mohel (Jewish ritual circumcisor) that performed the procedure. The year before, a jury awarded another family $2.3 million against the pediatrician and physician who performed a circumcision that resulted in too much tissue being removed. As a result, the boy lost a third of his glans. The plaintiffs claim this part could possibly have been reattached if the medical professionals had tried to do this sooner.

Botched circumcisions can be incredibly painful and traumatic. It can also lead to physical, psychological, and emotional issues that may haunt the victim for life.

Boy's botched circumcision leads to $4.6 million award, Press-Telegram, July 18, 2011

Atlanta lawyer wins $11 million lawsuit for family in botched circumcision, AJC.com, July 19, 2010

Related Web Resources:
Miltex

Integra Life Sciences Holding Corp.

Potential for Injury from Circumcision Clamps, US Food and Drug Administration

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Anaheim Hills Urologist Accused of Botching Penis Enlargement Surgeries, California Injury Lawyers, September 18, 2009

The families of Riley Russo and Ryan Winter have filed separate Orange County, California wrongful death lawsuits against Dr. Lisa Tseng. State and federal officials are accusing the Rowland Heights osteopath of illegally prescribing painkillers to patients. 10 drug deaths have been linked to Tseng, who practices in a mini-mail close to the 60 freeway. Also named as defendants are Dial Drug Pharmacy, which is located in Laguna Hills, Pacific Pharamcy in Huntington Beach, and White Front Pharmacy in Costa Mesa

Russo, who is from Laguna Niguel, was a recovering drug addict. His family contends that the "reckless" prescribing of medication by Tseng played a "substantial" role in his death. Meantime, according to Winter's Irvine wrongful death lawyer, the 20-year-old obtained prescriptions for Xanax and Opana from Tseng the week prior to his death. Both Orange County, California medical malpractice lawsuits accuse Tseng of neglecting to take a proper medical history, failing to refer the two men to specialists, and not getting proper authorizations from them. Under the California Drug Dealer Liability Act, families can pursue anyone that played a role in distributing drugs that were ill-gtotten.

According to the Orange County Register, drug users in South Orange County consider Tseng as someone allegedly willing to prescribe drugs even when she knows they will be used recreationally. While the Osteopathic Medical Board of California is attempting to get Tseng's medical license revoked, the Drug Enforcement Administration has taken away her ability to prescribe controlled substances. Tseng is accused of issuing over 27,000 prescriptions in three years.

The ability to prescribe medication is a privilege and one that must not be abused. It is a medical professional's responsibility to prescribe drugs only when it will benefit a patient. This includes making sure that it is not a medication that a patient will have an adverse reaction to and ensuring that that the latter is aware of any side effects that may result. Knowing a patient's medical history is also very important, as well as whether/not he has suffered from any addictions. Not only is it against the law to prescribe medications for recreational use but it is medical negligence and can be grounds for an Orange County, California medical malpractice case.

Families sue embattled doctor Lisa Tseng, The Orange County Register, July 8, 2011

O.C. parents sue doctor after sons overdose on prescription drugs, Los Angeles Times, July 9, 2011

Related Web Resources:
California Drug Dealer Liability Act, Justia.com

Osteopathy

Drug Enforcement Administration

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In Tseng v. Mazzocco Ambulatory Surgery Center, a $2.25 million Los Angeles County medical malpractice verdict has been awarded to a patient who sustained an anoxic brain injury while undergoing eye surgery. The plaintiff's legal team had accused Ambulatory Surgery Center of medical negligence for allowing the mistake to occur.

Per the case files, when the plaintiff had eye surgery for a prosthetic lens implant, the medical center and the anesthesiologist reportedly knew that that the patient a serious, preexisting kidney disease and was also suffering from diabetes. The plaintiff claims that while he was sedated the anesthesiologist left him unattended with nurses that lacked the license or training to treat someone in his state. After suffering a reaction to the anesthesia, he went into a deeper state of sedation than he should have and stopped breathing for long enough that he developed an anoxic brain injury known as a cerebral hypoxia.

The plaintiff's attorney contends that this particular anesthesiologist, who allegedly has a habit of leaving patients while they are sedated, did not provide the patient with a high standard of care. A Los Angeles anesthesiology malpractice settlement has been reached with this doctor.

Anesthesia is used to allow a patient to not experience pain while undergoing a medical procedure. It is important that anesthesia be administered by a qualified physician that knows how to make sure this process is done safely and with the proper standards of medical care--especially if the patient suffers a dangerous reaction to it or experiences other complications. In some cases involving anesthesia mistakes, deaths have occurred. Another unfortunate outcome is anesthesia awareness where those in the operating room do not realize that the patient is awake and feeling pain during the surgery but cannot communicate the experience.

Common anesthesia mistakes include:
• Inadequate monitoring
• Anesthesia overdose
• Inadequate dosing of anesthesia
• Machine misuse
• Machine malfunction

$2.25 Million San Fernando Valley, CA Medical Malpractice Verdict Obtained by The Mandell Law Firm for Eye Surgery Patient, Digital Journal, June 16, 2011

Medical Malpractice, Nolo

American Society of Anesthesiologists

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$4.6M Los Angeles County Medical Malpractice Verdict Over Wrongful Death of Man Wrongly Diagnosed by Glendale Doctor, California Injury Lawyers Blog, April 11, 2011

The state of California has fined Anaheim Regional Medical Center $50,000 for performing kidney surgery on the wrong side of a patient. The Orange County, California surgical error took place after the patient was diagnosed with a kidney stone on the right side of the body.

According to an investigative report, the patient's doctor faxed over paperwork that erroneously stated that the stone was on the left side of the patient instead of the right. A CAT scan image, however, showed that the stone was on the other side of the patient's body. Because of the medical mistake, the patient reportedly experienced prolonged pain and had to undergo another surgery.

One of the nurses who worked with the patient says that she wasn't given adequate time to finish her pre-op review before another nurse moved the patient into the operating room. That is were a doctor placed a stent in the patient's wrong side.

Anaheim Region has since submitted its correction plan to the state. It says that the nurses who took care of the patients were disciplined and computers have since been installed in operating rooms so that doctors can look at medical images. The fine is the first that the hospital has received from the state of California.

Wrong-Site Surgeries
This type of medical mistake is preventable and can be grounds for an Anaheim medical malpractice case. There are procedures that should be in place to prevent doctors from performing surgery on the wrong party of the body. It can be devastating to have the wrong breast or internal organ removed because medical professionals made unnecessary errors. Additional surgeries may be required to remedy the situation. In some cases, the consequences can be disfiguring, disabling, and/or fatal.

Anaheim hospital fined for wrong-side surgery, The OC Register, June 2, 2011

Related Web Resource:
Medical Malpractice, Nolo

Wrong-Site Surgery, HCIFONline

National Institutes of Health

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Continue reading "Anaheim Medical Malpractice?: Wrong-Side Kidney Operation Performed on a Patient" »