Blog

Category Archives: Medical Malpractice

CA injury attorneyMedical malpractice is, unfortunately, not uncommon in the United States. According to the Journal of the American Medical Association, medical negligence is the third leading cause of death in the U.S., right behind heart disease and cancer. Medical errors cause somewhere around 250,000 deaths each year - yet many of them are preventable. Medical malpractice can cause injuries that lead to lifelong disabilities or even death, though malpractice claims can be tricky to prove. Understanding how you must prove the negligence of a doctor is crucial to a successful medical malpractice lawsuit.

Three Elements of Proving Negligence

There are three things that you must prove when it comes to negligence in California. First, you must prove that the standard of care that your physician owed to you was violated. Second, you must prove that an injury resulted from that violation and third, you must prove that your injury had damaging consequences for your health. All three elements must be proven in order for your case to be considered legitimate.

...
Continue reading

California injury lawyerThe news of an impending addition to one’s family is often cause for joyous celebration. However, the celebration can be cut short when errors in judgment or procedure result in harmful and catastrophic birth injuries that impact the well-being of either the child or mother. In the event such an incident occurs it is important to know what actions are available to injured parties.

Seeking What Is Right

In nearly every single incident, a birth injury is preventable. However, due to an error in procedure, miscommunication among the medical team, or some other factor that negatively impacts the technique of a trusted medical professional, a family is left dealing with a situation that leaves them searching for answers.

...
Continue reading

CA injury lawyerIt can be difficult not to hold doctors and other medical professionals in high esteem for all the work they do treating the sick and injured. Those feelings quickly change when tragedy occurs due to what some might consider a severe misdiagnosis that has tragic consequences.

Illinois Doctor Facing Civil Suit

A noted and highly respected Illinois pediatrician is the subject of a civil lawsuit, claiming he missed signs of severe child abuse when examining an 8-year-old girl, who later died as a result of severe abuse and neglect at the hands of her father and grandmother. The doctor had examined the girl just weeks prior to her death.

...
Continue reading

California injury attorneyWe live in a digital world. Whether to improve efficiency or enhance accuracy, more and more companies rely on digital record keeping for day-to-day operations. While this may make life easier in some respects, the medical field has seen an increase in malpractice claims involving the use of electronic health records (EHR).

Identifying a Trend

While the number of claims in which EHR factored grew from just two incidents between 2007 and 2010 to over 160 from 2011 through 2016, the trend indicates an alarming increase involving a single element. A recent study indicated a number of contributing factors that resulted in failures stemming from the use of electronic record keeping of patient history and condition. Among these are:

...
Continue reading

forceps, birth injury, San Jose personal injury attorneyThe Centers for Disease Control and Prevention, more commonly known as the CDC, reports the latest data on annual births across the United States is at nearly 4 million, with an average birth rate of 12.4 percent per 1,000 population. The number of infant deaths is reported at 4,758.

Although the birth of a child is most often a joyous event, no child or family is immune from possible complications from biological or medical errors marring the expectations and hopes for the future. According to the Mayo Clinic, births involving the use of forceps heightens the risk of injury both to the mother and the baby. Forceps, resembling a pair of salad tongs, are used to facilitate and assist the newborn through the birth canal. Successful use of this medical device requires the physician to gently guide the baby’s head during each contraction but, when used improperly, the damage to the child can be both extensive and permanent.  

If too much force is applied or if the forceps are improperly placed, the strain on the child’s head can result in skull fractures, tearing of the vessels in the brain, swelling of the brain and intracranial trauma or brain bleed. There is also further risk of debilitating episodes of seizures, stroke, cerebral palsy as well as intellectual or developmental delays.

...
Continue reading
Janoff Law,
A Professional Corporation
1570 The Alameda, Suite 221, San Jose, CA 95126 408-286-2300
Facebook Twitter LinkedIn Lawyers Justia