Tag Archives: medical malpractice
INJECTION INJURIES: TYROD TAYLOR’S UNFORTUNATE EXPERIENCE
As you may know, L.A. Chargers quarterback Tyrod Taylor suffered a punctured lung last month when the team physician administered some type of injection into his ribs. After suffering a cracked rib the week prior, the injection was given just before the start of the Charger’s 09/20/2020 game against the Kansas City Chiefs. Because… Read More »
Medical Malpractice Cases: Identifying Medical Malpractice and the Process of Filing a Claim
If you have ever found yourself seeking medical assistance from a medical professional or hospital, it is likely that you have fully entrusted this medical staff with your well-being and health and often times, your life. You trust that this medical staff has the right knowledge, experience, and medical skills and equipment to help… Read More »
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: MINOR PATIENTS
The time limit, or statute of limitation, for a medical malpractice matter in California is typically found at Code of Civil Procedure, Section 340.5, which reads, in pertinent part: “Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under… Read More »
NOTICE OF INTENT TO SUE FOR MEDICAL NEGLIGENCE
Prior to bringing a lawsuit against a physician or medical provider in the State of California, there is a mandatory requirement that notice be provided to the medical provider prior to the initiation of the lawsuit. The Notice of Intent to Sue must be served upon the potential defendant, at least ninety (90) days… Read More »
Medical Malpractice Due to a Negligent Medical Practitioner
In the State of California, most individuals rely on their medical practitioner when there is a need for any type of medical assistance above the common cold. Internal and external bodily complications and conditions may require educated medical professional such as doctors or nurses to interpret the facts. Many illnesses cannot be diagnosed without… Read More »
Former Playboy Model Dies from Chiropractic Treatment
Many people turn to chiropractic treatment as an alternative healthcare means. While chiropractic treatment certainly can help with neck and back pain, some evidence suggests that over manipulation can actually cause more harm than good. Such was the case with “Charlotte”, a mother and former Playboy model, who died after receiving “routine chiropractic care.”… Read More »
MEDICAL MALPRACTICE: SOME IMPORTANT DEADLINES
We do write quite frequently about the statute of limitations for medical malpractice matters in California. For me, this largely stems from the numerous times I must decline a potential case based on the amount of time that has passed since an injury occurred. Especially in wrongful death situations, the callers can be particularly… Read More »
Why You Shouldn’t Try to Settle Your Medical Malpractice Claim Before You Call a Lawyer
I’ve written numerous times about how the medical malpractice laws in California are greatly stacked against plaintiffs – short statute of limitations, $250,000 general damages cap, and cases such as Flores v. Presbyterian Hospital where a defective hospital bed was found to be “medical malpractice” and governed by MICRA’s exceedingly pro-doctor provisions and Cuevas… Read More »
Timing is Critical in Medical Setting Injuries
Several rulings have come down from higher courts this year in California relating to the proper time limit that applies to injury cases occurring in medical settings. Excluding particularized time periods relating to public entities, there is usually either a 1-year medical malpractice or 2-year general negligence limitations period that applies to such injuries…. Read More »
Doctor Who Holds Himself Out as Employee of Cedars-Sinai Not an Employee
The recently decided Markow v. Rosner (2016) 2016 Cal. App. Lexis 827, involved Mr. Markow receiving pain management treatment from Dr. Rosner. The treatment concluded with Rosner providing an injection to Mr. Markow’s neck, near the base of his skull, which ultimately resulted in Mr. Markow becoming a paraplegic. Markow and his wife sued… Read More »
