Sacramento Injury Attorney Blog

Calaveras Hospital Settles Medical Negligence Case

Sun, 13 May 2012 10:31:15 -0800

Calaveras news reports that a California hospital has just agreed to settle a medical malpractice case. Catholic Healthcare West, doing business as Mark Twain St. Joseph's Hospital, has agreed to pay $3.5 million to a California woman - Dianna L. McGee - based on allegations of medical negligence.

Medical malpractice lawsuits are based on the premise that the actions of a health care provider - or inaction - led to a patient's injury. Medical malpractice actions may involve doctors, nurses, hospital staff or others involved in providing care. If you believe you or a love one has been harmed as the result of medical malpractice, it is important to consult with an experienced Sacramento personal injury lawyer immediately to determine your next steps and answer you personal injury questions.

Here, the woman's representative stated that this was "tragic medical negligence case" involving multiple missed opportunities by defendants to timely diagnose and surgically treat McGee's medical condition, causing her to lose all but six inches of her small bowel, leaving her totally dependent on a stomach tube for nutrition, which will severely restrict all of her activities for the rest of her life.

Representatives of the hospital noted, "Patient care is our highest priority, and we respect the privacy of our patients and legally cannot discuss the specifics of their care ... We are pleased to have reached a resolution in this matter."

California Woman Awarded $2.5 Million In Negligence Lawsuit

Sun, 06 May 2012 11:28:00 -0800

News from Martinez, California reports that a woman has received a $2.5 million jury award in a negligence lawsuit filed after the women choked on a chicken bone. The woman was eating at a Round Table pizza restaurant and choked on a 1.2 inch bone left in her barbecue chicken pizza. As a result of the incident, she required more than 11 surgeries and spent several months on feeding tubes and liquid diets.

If you have suffered any injury that you believe may be the result of another's negligence, it is important to speak to a Sacramento personal injury lawyer to determine your next steps.

Lawsuit based on negligence arise out of the general premise that people, companies or even governmental body should exercise reasonable care in their actions. If they fail to exercise reasonable care and their actions cause foreseeable harm, then the may be held responsible for any damages caused and be required to pay compensation.

A Contra Costa County jury determined that the franchisee for the South San Francisco Round Table, Foster Poultry Farms and Pizza Bytes, was negligent in allowing bones in the chicken. Reports indicate that between 2005 and 2010, more than 200 customer complaints were issued about bones in the chicken strips.

$2 million of the award is for pain and suffering and $500,000 is for past and future medical expenses.

California Boating Accident Leads To Safety Investigation

Sun, 29 Apr 2012 14:10:56 -0800

After the sailing tragedy that claimed the lives of five people off the coast of San Francisco, the U.S. Coast Guard, U.S. Sailing, the survivor and many others are calling for the consideration of greater California boating safety measures. A series of powerful waves thrashed the vessel earlier this month as it rounded a rugged island chain during the Full Crew Farallones Race off San Francisco, sweeping crew members overboard into the frigid Pacific and tossing the boat onto a rocky shoal.

The U.S. Coast Guard has ordered yacht racers and other boaters to "stand down" as a result of this fatal accident, as well as a previous accident two weeks ago that resulted in significant personal injuries. The Coast Guard has stopped issuing permits for ocean racing pending results of the boat accident report, stating, "This temporary safety stand-down from offshore racing will allow the Coast Guard and the offshore racing community to further our common safety goals." "I don't think it's necessarily a bad think for everybody to take a breath and see what can be done. We want to be sure our races are as safe as possible."

One of the survivors, Bryon Chong of Tiburon, agrees, stating that the five crew mates who died might have been saved had they worn safety harnesses. In a letter posted to the website Sailing Anarchy, Chong writes that he and the seven other sailors aboard the 38-foot (11.6-meter) Low Speed Chase should have been tethered to the boat.

"Hopefully, this incident will spur a wider discussion on sailboat safety," Chong concludes.

Boat accidents can arise in a variety of manners - from recreational boating, to slips and falls on cruise ships, to serious accidents involving boat races. Different boating laws and safety measure apply to each type of circumstance. It's important to consult with an experienced California boating lawyer who has in-depth knowledge of the particular involved in your circumstance.

Families Of Teens Killed In DUI Accidents Urge Use of "Forgotten" DUI Law

Sat, 21 Apr 2012 11:41:31 -0800

Sacramento news reports that two mothers whose children were killed in drunk driving accidents are campaigning for more California courts to use a little known - "forgotten"- Vehicle Code Statute.

Currently, individuals convicted of drunk driving may have their driver's licenses suspended, but if the driver is sent to jail - the suspension doesn't do much good.

If you have been injured in a drunk driving accident it is important to consult with an experienced Sacramento drunk driving accident lawyer immediately to protect your rights and determine your next steps. In addition to criminal charges, it may be possible to file a personal injury lawsuit against the driver to obtain compensation for your injuries.

Victims injured by negligent drunk drivers face medical bills, loss of wages, physical pain, emotional distress and loss of enjoyment of life. If injuries are severe or permanent, families suffer economic loss, mental anguish and the loss of companionship in caring for an injured family member. In the event of death, families are torn apart without any warning.

Here, the man who killed Kendall Liu and Brian Haight was sent to jail for six years and four months. Although his license was suspended for three years, the suspension ended while he was still in jail. When he was released from prison he was able to drive again.

Corcord Considers Bike Landes In Wake Of Bike Accident

Sat, 14 Apr 2012 09:23:53 -0800

In the wake of the tragic Concord bike accident, the Bay Area town is considering adding bike lanes to many thoroughfares. The accident happened when a car driven by a 17-year-old high school student jumped the curb, shearing off top of a fire hydrant and crashed into a father and his two daughters on bikes. Solaiman Nuri, a 41-year-old truck driver was killed instantly. One of the daughters died after being treated at a Contra Costa hospital. The other daughter survived with minor injuries.

While the incident remains under investigation, witnesses state that the driver was speeding before the accident. Other reports indicate that he may have been texting. Consulting with an experienced Sacramento personal injury attorney is important whenever a serious accident occurs to conduct a thorough investigation into all the facts and circumstances surrounding a particular incident.

As a result of the bike crash, city officials are considering whether the addition of bike lanes could prevent further accidents. According to The Bay Citizen's Bike Accident Tracker, which analyzes bike accident data, Concord has had 277 bike crashes and 4 bicycle fatalities between 2005 and 2010, more than any other city in Contra Costa County. Twenty-three cyclists died in the county over those five years. In the city and county of San Francisco, where bikes jostle for position on busy streets with cars and pedestrians, nine cyclists were killed during that time.

San Francisco Bike Accident Kills One

Fri, 06 Apr 2012 08:54:32 -0800

The Marin Independent Journal reports that a 71-year-old San Bruno man was killed in a fatal pedestrian bicycle collision last week at the intersection of Castro and Market Streets in San Francisco. The bicyclist who ran into the pedestrian was returning from a Marin Headlands group ride. Online messages suggest that the man may have been speeding down the hill just before the bike accident occurred.

If you have been injured as the result of a bike accident or pedestrian accident, or you have lost a loved one in a fatal collision, it is important to consult with an experienced Sacramento bike accident lawyer to protect your rights and determine your next steps. Although in some instances accident simply happen and no one is at fault, where another person's careless and reckless actions cause you harm, it may be possible to recover compensation.

Here, the investigation into the accident continues. Reports indicate that the San Bruno man was in the crosswalk when the accident occurred, and both him and the cyclist were taken to the hospital with injuries. The cyclist was treated for non-life threatening injuries and released. Newspaper accounts provide that police are looking into whether the bicyclist ran a red light and will be meeting with the District Attorney's office to determine the next steps. Further, the pedestrian's official cause of death has not yet been determined.

While bicyclists are often the victims of tragic accidents, especially when cars and trucks fail to share the road, it is important to remember that bicyclists can also cause serious accidents if they fail to pay attention to the rules of the road or ride recklessly or carelessly.

Fresno Teacher Awarded $11.5 Million After Truck Accident Causes Brain Injury

Sat, 24 Mar 2012 15:49:17 -0800

California news reports that a jury has awarded a Fresno teacher has been awarded an $11.5 million personal injury verdict as the result of injuries she sustained in a freak car accident. Susan Reyes, a Fresno schoolteacher, was hit in the head by a "hunk of iron" that flew off of a truck on Highway 99. Reyes incurred significant brain injuries as the result of the truck accident including short-term memory loss and severe headaches. She also suffers from chronic seizures. According to the personal injury lawsuit, Reyes has lost her drivers' license and was unable to continue working as a special assignment teacher with Fresno United school district.

If you have been harmed in any type of personal injury accident, it is important to consult with an experienced California personal injury lawyer right away to answer your personal injury questions and determine your right to compensation. In many situations, more than one cause may contribute to an accident. A knowledgeable Sacramento accident lawyer can conduct a thorough investigation into all possible factors in order to ensure you receive the compensation you are entitled to.

Here, evidence at the trial revealed that Reyes was driving through Bakersfield and was following a big rig owned by Lion Raisins. The truck trailers had cables that held empty wooden bins in place. An accident investigations determined that after the truck's load shifted, a corner iron flew off the truck, likely hitting the pavement then catapulting through Reyes' windshield and into her "right skull and brain." As the result of the accident, Reyes lost control of the car and ended up in the median. She required emergency surgery to stay alive.

California Woman Injured In Napa Valley Drunk Driving Accident

Mon, 19 Mar 2012 09:23:58 -0800

The Napa Valley Register reports that a California woman has suffered significant personal injuries as the result of a Napa Valley drunk driving accident. The woman was walking on the shoulder of a beach access road south of Bodega Bay when she was hit by a car. According to reports, the driver of the vehicle was under the influence of multiple prescription drugs. Alice Wall Zacherle, of Napa, was taken to the Santa Rosa Memorial Hospital with numerous injuries, including multiple broken bones and abrasions.

If you have been injured in any personal injury accident such as a drunk driving accident, car crash or pedestrian accident, consulting with an experienced Sacramento accident attorney is important to determine your rights and answer your personal injury questions.

Where another party is responsible for your injuries, you may be able to recover compensation for the harm caused. Further, because California is a comparative law state, even if the person injured is partly to blame, he or she may still recover damages based o the percentage of another's fault.

Types of injuries that may occur in a drunk driving accident or other motor vehicle accident include:

• Head and neck injuries
• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Abrasions

Two Lake Tahoe Ski Accidents Result In Personal Injury Lawsuits

Mon, 12 Mar 2012 08:56:01 -0800

After two skiers were injured in separate Lake Tahoe ski accidents with snowboarders, the skiers have now sued the resort. According to the Sacramento Bee, a personal injury lawsuit has been filed on behalf of the skiers alleging that Vail Resorts, the owner of Heavenly Mountain Resort in South Lake Tahoe, was responsible for the accident.

If you have suffered any serious accident, consulting with an experienced Sacramento personal injury lawyer is important to answer your personal injury questions and ensure your rights are protected. Where an accident is caused by another's negligence and you suffer harm, it may be possible to recover compensation including medical expenses, lost wages and emotional distress.

Here, a 54-year-old woman was knocked unconscious and suffered a brain injury when a 20-year-old worker from Argentina collided with the skier. Many factors go into determining whether an individual or company may be held responsible for causing another's injury. Further, in situations similar to this, questions are raised about when an employer be held liable for an employee's act.

In many situations an employer may be held liable for the conduct of their employees. Under a legal doctrine called "respondeat superior," employers are liable for the negligent acts of their employees that occur in the course of their employment. This means that when employees recklessly or negligently cause an accident while carrying out their job duties and injure another person, the employer may be required to compensate the victim. Whether the employer or the employee pays often turns on the question of whether the accident was caused during the "course of employment" or not.

California Man Sustains Police Dog Bite

Mon, 05 Mar 2012 20:23:53 -0800

Walnut Creek news reports that suspected drunk driver suffered a police dog bite at the end of a California car chase that began in Pomona and ended in Fontana. Police had attempted to pull over Travion Lewis Wright for allegedly speeding, but when they put on their lights and sirens, Wright took off.

According to one account, Wright refused to show his hands, made aggressive movements and shouted obscenities. At this point police officers released their dog, who then bit the suspect.

Although the use of police dogs as an aid in law enforcement is an allowed practice, restrictions exist concerning their use. Further, where police dogs are unreasonably dangerous and cause harm, it may be possible to file a lawsuit for negligence.

If you have been attacked by a dog, either that is part of a police canine unit, or is owned by a private citizen, you know how frightening a dog bite can be. Whether you may be able to obtain compensation for your injuries is a complex questions and depends on a variety of factors. Consulting with an experienced Sacramento personal injury lawyer is important to ensure your dog bite questions are answered and to determine your next steps.

Factors that go into a determining whether the use of a police dog is negligent include whether police are able to control the dog - i.e. does the dog obey command to quit biting - and whether the dog was used against a person who posed no threat. The use of a police dog may be considered "excessive force" where the attack and injury are not justified based on the threat posed by the suspect.

Most dog bite statutes are not applicable in police dog bite actions, although exceptions exist. It is important to speak with a knowledgeable California dog bite attorney if you have questions.

Liability may be easier to establish in a private dog bite action. In private dog bite action, injuries are the responsibility of the dog owner and anybody might be liable who was negligent or had custody or control of the dog knowing that it was an animal that might bite. In cities with a leash law, violation of that constitutes a form of negligence. However, there is often no requirement to prove negligence. In almost every dog bite case the dog owner's homeowners insurance pays for the settlement.

Family Files Negligence Lawsuit Against San Mateo Coroner's Office For Handling Of Body Parts

Mon, 27 Feb 2012 08:51:01 -0800

The family of a son who died in a car accident has recently filed a negligence lawsuit arising out of the Mateo County Coroners Office handling of the mans' body parts. According to the lawsuit, the coroners office caused the family severe emotional distress when it sharing brain tissue of the man with a private pathologist in a wrongful death lawsuit. The parents, who are devoutly Jewish, assert that the Coroners Office violated California statutes concerning remains and neglect.

Negligence lawsuits can arise in many situations and involve instances where a duty of care has been created and a breach of that duty causes harm. Generally, a duty of care is a legal obligation that requires individuals, businesses or governmental entities to act with reasonable care to avoid a foreseeable harm. When an entity fails to act with sufficient care, and harm occurs the individual, business or entity may be held liable. The question of duty often turns on a complex legal analysis, so it is important to consult with a knowledgeable Sacramento personal injury attorney if you believe you or a loved on has suffered harm do to a careless or reckless act of another.

Here the actions stem from a wrongful death action filed after a fatal car accident. During that lawsuit, an attorney requested information concerning the son's brain tissue. Rather than turning over the contents of a written report the coroner handed over custody of the man's physical remains. The pathologist took several tissue samples, turning them into at least 20 different slides.

Pursuant to their faith, dissection for a not urgent or medical reason is "a matter of shame and gross dishonor." According to the lawsuit, the family experienced significant emotional distress as the result of the coroner's neglectful indifference to their faith. In legal terms, the family's negligence lawsuit alleges that the coroner breached its duty of reasonable care to the family. Additionally the family faults the coroner for carelessly disregarding a next-of-kin notification policy.

Jury Awards Woman $15 Million For Missed Breast Cancer Diagnosis

Mon, 20 Feb 2012 18:16:31 -0800

A woman whose doctor missed a breast cancer diagnosis has won a $15 million medical malpractice jury verdict. According to reports, Stephanie Tesorio first discovered a lump in her breast in 2002. She had a mammogram, which Dr. Paul Fisher reviewed, and determined "no evidence of malignancy" existed. He did nothing further and ordered no additional tests. A year later when Tesorio returned, the lump was the size of a golf ball and was determined to be breast cancer.

While not all poor results or missed diagnoses constitute medical malpractice, where a health care provider fails to follow the requisite standard of care and harm occurs, he or she may be found guilty of medical malpractice. In these instances, the physician, hospital or other staff may be responsible to pay compensation for your injuries. If you believe you may have been injured as the result of a medical error, consulting with an experienced immediately Sacramento personal injury attorney is important to evaluate your case and determine your next steps.

Here, after the initial mammogram which identified the lump, a sonogram wasn't performed which is standard protocol in many instances. After the cancer was diagnosed 16 months later, Tesorio under went a mastectomy, chemotherapy and radiation.

A spokesperson for the woman noted, "[The jury] found him negligent because he was. There was something there, something she felt, and it needed to be evaluated and if it had been, we would not be here now." Tesorio added, "I wanted him to admit he made a mistake...Doctors do make mistakes."

Party Bus Company Sued Following Drunk Driving Accident

Sun, 12 Feb 2012 09:15:29 -0800

News reports that a Menlo Park man who suffered serious personal injuries in a drunk driving accident has sued Hobo Limousines, Inc. for it's role in providing a "party bus" that allowed minors to drink for 4-hours during a "booze-cruise." In February 2010 after a 21st birthday celebration aboard a party-bus, a minor - 19-year-old Brett Studebaker - got behind the wheel and crash into a car driven by Gregory Hinman. Studebaker died in the drunk driving accident and Hinman suffered permanent brain damage and broken bones.

As a result of the crash, Assemblyman Jerry Hill has proposed legislation making drivers, companies and riders responsible for preventing underage drinking on party busses.

In many situations, more than one party may be at fault for causing an accident. If you or a loved one has been injured in a car accident it is important to consult with an experienced Sacramento personal injury attorney to begin an investigation into all of the causes of a particular incident in order to ensure you obtain all the compensation you deserve.

Here, the parties dispute who is at fault for the underage drinking. The company asserts that the people onboard were drinking prior to getting on the bus, but not during the ride, and that parents signed a contract agreeing that minors wouldn't be drinking. Conversely, the parents of Brett Studebaker blame the company asserting that it's the driver's responsibility to ensure that no minors were drinking while on the party bus and that the driver added to the drinking by providing a bottle of champagne.

Serious Sacramento Car Accident Injures Three

Mon, 06 Feb 2012 10:02:32 -0800

This past weekend a serious Sacramento car accident injured three people after a driver allegedly ran a red light and crashed into the red Jeep they were riding in at the intersection of 65th Street Expressway and Stockton Boulevard. The man at the wheel of the white sedan that caused the collision attempted to run away on foot, but was quickly apprehended.

Several issues are raised in any California car accident that causes an injury. First criminal charges may be appropriate. Where an accident is caused by criminal recklessness - such as may be caused by driving under the influence - misdemeanor or felony charges may result. Additionally, an individual's driving privileges may be affected and a Department of Motor vehicles hearing may take place. Further, the victims injured in a car accident may want to file a civil personal injury action to recover damages and receive compensation for their harm. Consulting with an experienced Sacramento personal injury lawyer is important to determine your rights and help you obtain the compensation you deserve.

Here, where an injury is caused it is important to determine the extent of the injury. Some common car accident injuries include:

• Head and neck injuries, including traumatic brain injuries (TBIs)
• Spinal cord injuries
• Broken bones
• Lacerations and bruises

Where your injuries are the result of another's carelessness or recklessness, it may be possible to recover money for the harm caused by the accident. This may include items such as emotional distress, lost current and potential income and loss of support and companionship.

Tragic Sacramento Light Rail Accident Devastates Family

Mon, 30 Jan 2012 09:45:56 -0800

This past weekend Sacramento news reports that a tragic Sacramento train accident took the lives of three people in a collision between a light rail train and a vehicle. According to reports, 22-month-old Damian Antiwon Williams, his grandfather Leon Williams Sr. and his aunt, Shantal Hope Williams were all killed when the vehicle they were in was broadsided by the Sacramento Regional Transit train. The accident remains under investigation, with investigators reviewing video and other evidence from the crash site to determine the various factors involved.

Whenever a significant accident occurs with catastrophic personal injuries, it is important to speak to an experienced Sacramento personal injury attorney to answer your personal injury questions and determine your next steps. Where a wrongful death occurs, the surviving family members may have numerous questions about determining fault and their right to compensation where another's negligent conduct caused the harm.

In train accidents many different issues may arise. For example, were the gates working properly? Were all warning signals functioning? Were the tracks properly maintained? Although initial reports indicate that here the driver of the car went around the crossing arm before being hit, other factors may have contributed to the incident. A knowledgeable train accident attorney can investigate all potential sources of fault and determine the survivors right to compensation.

In addition to the victims in the car, several train passengers were also injured, with three adults and three juveniles taken to nearby hospitals for treatment of injuries. Whether adequate safety precautions were in place on the train should also be investigated.