Tag Archives: personal injury
California’s Good Samaritan Law – Liability for Rendering Emergency Care
California has codified, in Health & Safety Code § 1799.102, what is sometimes referred to as a “Good Samaritan” Law. Prior to August 2009, this Section stated: “No person who in good faith, and not for compensation, renders emergency medical care at the scene of an emergency shall be liable for any civil damages… Read More »
Statute of Limitations – Wrongful Death
According to state law, a wrongful death action is a cause of action for the death of a person caused by the wrongful act or neglect of another. Such a cause of action can be brought by only a limited number of people having some type of relationship to the person that died. The… Read More »
Collateral Source vs. Hanif – The Fight for Plaintiff’s Damages
The legal community in California is astir with news of the developments towards abrogation of the Hanif/Nishihama reduction. With several cases pending decision by California’s Supreme Court, the question for the would-be plaintiff is: what is the difference between Hanif and the Collateral Source Rule? The answer depends on whether the plaintiff has health… Read More »
The Real Losers Under MICRA
California enacted the Medical Injury Compensation Reform Act, known as MICRA, in 1975 to combat concerns over the availability and rising price of medical malpractice insurance. This Act established a limitation, or cap, of $250,000 on the amount a person could recover for any pain, suffering, distress, anguish, and loss of quality of life… Read More »
What do I do after an accident?
-Assess your health and the health of anyone else involved in the accident. If any injuries appear to be serious, you should arrange for medical care immediately (dial 911). -Remain calm and non-confrontational. Getting into an argument with the other driver, eyewitnesses, or medical personnel will not help the situation in any way. -Get… Read More »
Statutes of Limitations and Why You Shouldn’t “Wait and See”
It’s a story I hear on an almost weekly basis. “After the surgery, I knew something was wrong but Dr. X told me to ‘wait a year and see what happens.’” From a legal standpoint, this is terrible advice when dealing with a potential medical malpractice claim in California. What’s wrong with waiting a… Read More »
Tide Turns Against Medical Malpractice Caps
A Georgia trial judge recently struck down that state’s limits on the amount of pain and suffering damages a plaintiff can receive in a medical malpractice case. Fulton County State Court Judge Diane E. Bessen declared the caps violated Georgia’s State Constitution, specifically the provisions guaranteeing the right to a jury trial, separation of… Read More »
The Hawthorne Court: Civil Litigation Goes Back to School
Many civil trials in Riverside County are presently being held in the Hawthorne Court – a recommissioned elementary school in Riverside. In the past two months, my office has had the opportunity to try no less than three cases in this court. Though it is, for all intents and purposes, a civil courthouse, there… Read More »
Good Communication Can Reduce Lawsuits
Premiums charged by insurers are outrageous! Profit-driven underwriting for professional negligence makes all of us, except the insurance companies, suffer. Although virtually every state has enacted some sort of “medical liability reform” to keep down premiums and financial risk to physicians and medical providers, these reforms, while onerous to the injured parties in many… Read More »
Tort Reform-Unintended Consequences
Tort Reform – Unintended Consequences Oftentimes, well intentioned legislation can have far-reaching and unintentional consequences. A great example of this is Civil Code § 3333.4 or “Prop 213” as it is commonly known among those in the field of personal injury litigation. Mr. Patterson, a client of mine and a retired factory worker, was… Read More »
