October 31, 2007

Law Stops Disclosure of Medical Mistakes

Over the past year, hospitals in Washington left "foreign objects? in 36 surgery patients. 21 patients got surgery on the wrong body part. A Washington law passed last year prevents public disclosure of these types of medical negligence. The law was supported by the Washington State Hospital Association.

Unfortunately, this type of medical malpractice is universal and does occur in Los Angeles area hospitals as well. Although California does not have a similar law, almost anytime a medical malpractice case settles, the settlement includes a confidentiality clause to prevent the patient from telling anyone about the doctor or hospital's negligence.

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As a result, in California, Washington, and other states, patients do not have access to information that could be of great assistance in choosing a hospital or a doctor.

While there is an effort to change this damaging Washington law, Californians have no way to escape the confidentiality which accompanies most settlements. There was a recent effort to make it illegal to make a settlement confidential, but such reform efforts were quickly silenced.

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October 25, 2007

Los Angeles Families Will Need Lawyers to Make Sure They Get Fair Insurance Settlements

Many Southern California families suffered the horrifying loss of their homes in the recent Los Angeles, Orange, and San Diego wild fires. Nearly 1,500 homes have been destroyed and hundreds more have been damaged. The process of adjusting homeowners' claim will now begin with insurance companies working hard to limit how much they pay.

Insurance companies will be quick to pay for a coat of paint, but often will not do the necessary investigation to search for all of the damage a fire can cause. Especially where a home is left standing, smoke damage is often not detectable to the average person. While some people will simple settle with their insurance company for the damage which is easy to see, with the assistance of an attorney or other trained professional, a homeowner can obtain the comensation they are entiteled to receive.

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It is estimated that the loss from the October fires will be about $1 billions dollars. While this may seem like a huge loss to the insurance industry, when compared to the $450 billion in policy sales last year, and the record $65 billion in profits, the loss if fairly minimal.

Many families suffered huge financial and emotional losses over the past week. They should not have to haggle with the insurance companies to obtain the compensation they paid for over the years with their premiums.

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October 23, 2007

Accidental death or Injury to Babies Caused by Crib Pads

Lining a baby's crib with a bumper pad has long been a popular trend in Southern California. A recent study shows that that risk of death or accidental injury to a baby or toddler associated with a bumper pad outweighs their benefit. Ultimately, you should speak with your local Los Angeles peditrician to decide whether to use a bumper pad.

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Many people use these pads to protect babies from injury. The U.S. Consumer Product Safety Commision date found that many infants lack the motor development to free themselves when they become wedged between the bumper pad and the surface. Babies are likely to suffocate because they are re-breathing expired air or their nose and mouth are compressed.

Both soft and firm bumper pads are dangerous. Researchers of Sudden Infant Death Syndrome indicate that a soft pad can cause suffocation while a hard pad can provide a means for babies to climb and fall out of the crib.

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October 3, 2007

Los Angeles-Sponsored Nursing Home Bill Expected to Reduce Elder Abuse

An elderly patient dies from a bed sore after a brief stay in an understaffed Los Angeles nursing home that has not provided the care she was promised. When the family complains about elder abuse, it takes months for the Dept. of Public Health to investigate.

A bill sponsored by Los Angeles Assemblyman Mike Feuer to ensure that most nursing home abuse and neglect investigations be completed within 40 days after a complaint is made passed the Legislature. It is awaiting signature by the Governor, whose office says he has not yet decided whether he will sign it.

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More than 110,000 Californians reside in nursing homes each year. This law is needed to protect those senior citizens from serious injury or death from neglect or abuse. "A timely investigation with timely results can make the difference literally between life and death sometimes," Feuer said.

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October 2, 2007

California Judge Says Rollover Crash Cases Nearing Settlement

A California judge announced that Ford was nearing settlement of more than 400,000 rollover lawsuits involving its popular Explorer SUV. The suits allege that Ford knew about the safety hazard and withheld that information from the public, while marketing the cars as family-friendly and safe.

Passengers are more likely to be killed or suffer permanent and serious injuries, like being paralyzed, in rollover accidents than in almost any other type of car accident. Only head-on collisions kill more people.

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In 2004, a jury awarded more than $80 million to a woman permanently paralyzed when the Ford Explorer she was driving rolled over after she swerved to avoid debris in the highway. The jury also awarded more than $200 million in punitive damages because it found that Ford knew about the problem but did not warn consumers. The trial judge later reduced the jury's verdict to $150 million.

Although publicly Ford defends the safety of its SUVs, it has been negotiating quietly behind the scenes to put an end to the lawsuits. An announcement is expected later this month.

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October 1, 2007

Injured Man Awarded $6 Million After Motorcycle Collision with Truck

A man driving a motorcycle on the freeway was critically injured when he was hit by a truck. A jury recently awarded $6 million to compensate him for the injuries he sustained in the accident.

Although this collision did not occur in Los Angeles, jury awards for this type of injury are similar in Kentucky where it did occur. The collision was in March 2006 on Interstate 35. The Defendant claimed that the motorcycle entered the freeway and cut in front of the truck. After trial testimony from accident reconstructionists, a jury found that the truck changed lanes and caused the collision.

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The motorcyclist, Walter Browning was a 13-year Army veteran and former security guard, lost four fingers on his left hand and can no longer walk without assistance because of massive injuries to his left leg.

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