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This morning around 2:25 a.m. a women was driving her Toyota Prius the wrong-way on Highway 50 westbound near Stockton, CA for approximately 7 miles before colliding with a Ford pickup.

The woman driving the Toyota Prius collided head-on with the Ford pickup truck and caused the Ford pickup to slam into a Hyundai Sonata before bursting into flames.

Tragically, four people died at the scene and a few others were injured.

We will not know if the driver of the Prius was under the influence until the coroner’s report is complete.

Drunk Driver Injury Lawyer SacramentoMarijuana laws in the United States are changing rapidly. It seems every few months another state has another bill to introduce, either in favor or against in some way. It is a controversial subject with remnants of prohibition days thrown about. Someone traveling across the country be alternately criminal and noncriminal as they sped down the Interstate. Regardless of the laws for possession, all states have outlawed the use of marijuana while driving. Marijuana is widely used, not only throughout the United States, but the world. It is said to be the most widely used of all illicit drugs. No matter how common it is or how innocent the public believes it to be, use of marijuana causes delayed reactions due to physical and mental impairment that can impair driving.

Far more research has been done on driving under the influence of alcohol than marijuana. Research into marijuana highs tells us it has physical and mental effects that will impair the ability to drive. THC is the element in marijuana which causes the adverse effects. While some states do test impaired drivers for specific target levels of THC, California does not define specific levels to qualify as under the influence. Statistics have shown roughly 6 to 11 percent of fatal accident victims test positive for THC. Although significantly lower than alcohol fatal statistics, it is still a public safety issue that must be adequately addressed.

Penalties for driving under the influence of marijuana are the same as driving under the influence of alcohol as per California Vehicle Code 23152(e) VC. The fact that California does not detect specific measures of THC in it’s DUI marijuana arrests, it can make those cases hard to prove. The prosecution must be able to prove a person was driving a vehicle, was under the influence of marijuana and that said marijuana impaired the person’s driving ability in order to convict them of DUI.

Field sobriety tests are also a problem. Studies show that field sobriety tests are able to determine up to 80% of drivers impaired by alcohol but can only identify 30% of drivers under the influence of marijuana.

Experts say that the more accustomed to smoking marijuana a person is, the harder it is to detect its use by the modern field tests currently in use. Breathalyzer tests aren’t effective for THC and blood or urine tests can read positive days and weeks after marijuana use. States are not in agreement about what amount of THC in the blood should be a criminal amount because of all these variances.

Penalties for the first time DUI marijuana can include up to six months in jail, probation, a hefty fine of up to $1000 and suspension of driving privileges for up to six months. Defenses for DUI marijuana include that the person was not driving, they did not use marijuana or they did but was no longer feeling the effects and/or the effects were not significant enough to impair driving.

If you or a loved one have been injured by by a drunk driver, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

Malpractice Attorney SacramentoThe birth of a child should be a thrilling time in a woman’s life, but when doctors, nurses and hospital are negligent, new mothers may find themselves facing a painful and long lawsuit instead of late-night feedings.

Last year, a New York judge awarded a young woman $62 million dollars in damages in a medical malpractice lawsuit against Winthrop University Hospital. The jury decided on the verdict as thus: $20 million owed for past suffering and pain, $38 million for any pain and suffering the future and $4 million to be used for medical expenses.

The case began in October 2009 when 32-year-old single to-be mother Stacy Galette checked into Winthrop University Hospital to have surgery. She was currently having an ectopic pregnancy, which means the fertilized egg was still in Galette’s fallopian tube. The surgery seemed to go well, but afterward, Galette complained that she was in extreme pain. She also had an abnormal heart rate as well as a fever. Despite these signs, she was discharged from the hospital.

Barely three days later, Galette returned to the hospital and was placed in the intensive care unit for 73 days. While in the unit, she suffered three cardiac arrests and had to have a colostomy and several skin grafts. The antibiotics that were supposed to help with the infection caused her to lose her hearing, and doctors later had to amputate both of her feet and then both of her legs from the knee down to contain the disease.

After she was discharged once more, Galette filed a medical malpractice suit against Winthrop and her physicians, claiming that they had delivered an unacceptable standard of care. According to the lawsuit, the doctor punctured Galette’s intestine, which then led to the infection, blood poisoning and eventually gangrene, which is why she had to have the amputations. Because of the harsh post-surgery complications that were preventable, Galette alleges that her life is forever changed due to the injuries she sustained.

What’s really harsh is that the doctors’ attorneys told the jury that Galette should just be thankful that she is alive! Talk about your bedside manner.

In their defense, Galette’s doctors said that the puncture was not done during the surgery. They claim an underlying bowel condition led to the puncture. They further stated that even if the puncture had been done during the surgery, Galette should have known that this was a possibility of the surgery, which would mean that the puncture would not fall under the malpractice category.

The jury did not buy this argument, and they awarded Galette her money. Winthrop has said that it plans to appeal the process.

In California, you always have the right to a trial if you are the victim of medical malpractice. Just because your doctor helps you heal after his or her negligence does not mean that he or she should get a free pass. This doctor caused your injury in the first place, and it is because of this person that your life is changed.

Though it can be unnerving to go up against a hospital or doctor, you do not have to go at it alone. Your lawyer, friends and family will be right there with you. Do not let yourself be taken advantage of. If you do not act, that same doctor may make the same mistake with another patient.

If you or a loved one have been injured by medical malpractice, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

Medical-MalpracticeAs patients, we expect that we will receive the best care possible from our medical providers. It is hard to believe that a medical provider would be negligent, careless or reckless in the manner in which he or she treats a patient. It is even more difficult to believe that patients in Sacramento and across California suffer injuries every day due to the mistakes medical professionals (i.e. doctors, lab technicians, nurses, etc.)

When someone is injured or someone dies because of medical malpractice,  the patient or his or her family is entitled to receive compensation for his or her losses. This compensation can be for damages such as medical expenses, funeral costs, pain and suffering and lost wages. However, it is difficult for a medical malpractice attorney to accurately determine the value of a case, especially at the beginning of the case, because there are so many factors that may or may not influence the value of the claim as the case goes forward.

An experienced California medical malpractice attorney can often provide an estimate of what he or she believes to be the value of a medical malpractice claim based on his years of experience and the hundreds of cases he has handled. Typical, the value of the case is equal to the economic damages and the noneconomic damages.

Economic damages are costs that can be calculated by the exact out-of-pocket expenses incurred by the patient. Economic costs include but are not limited to:

  • Past and future medical bills
  • The loss of income both past and future including the loss of earning capacity
  • Funeral expenses
  • The costs of litigation
  • Past and future medication
  • Rehabilitation
  • The expense of purchasing medical devices such as hospital beds, walkers, wheelchairs, prosthetics, etc.

Past economic costs are the easier to calculate because you typically have an invoice, medical bill or receipt to verify the amount. Future costs are a bit more difficult to determine and may require the use of experts such as economists and medical providers to estimate what future damages and costs the patient may have because of the injury.

Non-economic damages are a monetary award for past and future pain and suffering, disfigurement, emotional or mental anguish and the inconvenience that the victim has and will suffer due to the injuries sustained because of another party’s negligence. In many instances, a medical malpractice attorney will look at recent verdicts to determine what juries are typically awarding in similar cases to get an idea of the value of non-economic damages.

Experienced medical malpractice attorneys never give clients a definite figure for the value of their medical malpractice claim, as they know this value may change due to factors outside of their control such as how believable witnesses may be to the jury and how the jury views the plaintiff and the defendant. However, if you believe you have a Sacramento medical malpractice claim, you should consult an attorney as soon as possible to protect your right to receive compensation for your injuries.

If you or a loved one have been injured by medical malpractice, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

Personal-Injury-TortjpgThe people who most often seek out their legal options by contacting an attorney are those who have been injured in a car accident, or by someone else’s negligence. In most of those cases it is the first time A may have seen online or through their own research.

One of the most confusing law terms for the newly legal immersed is tort. It is a commonly used legal term but most people do not know its true connotations. Essentially, a personal injury tort is a civil claim against another person for injuries caused unknowingly. There are several key points to keep in mind.

Injury or Harm

A tort is the basis of a law suit. The law had set forward a precedent saying what offences are legitimate cause for lawsuits. Pedestrians hit by cars, slip and fall accidents and a variety of car accidents are great examples of personal injury torts. If a tort is present, the victim can sue for damages.

Civil Action VS Criminal Action

A tort is civil action. When a victim takes the responsible party to court it is not a criminal court. No criminal charges can be filed. Certain circumstances can contain both civil and criminal charges. Consider a situation where a drunk driver hits another driver. A civil complaint can be filed and the driver can also be charged with D.U.I.

Three Areas of Tort Origin

Torts stem from three distinct areas; strict liability, intentional and negligent.

  • Strict liability- Sometimes it doesn’t matter if negligence has occurred or not. For instance, a company is always responsible for the safety of its products. If a consumer is harmed in any way by a product, the manufacturer is responsible.
  • Intentional- Intentional harm is done on purpose. If someone intentionally throws a rock through a neighbor’s car window, they are responsible for the damage. There is also a criminal charge involved here, if prosecutors deem so.
  • Negligent- A negligent act occurs when someone acts with recklessness and abandon without thought to other peoples safety.

All legal terminology is difficult to understand for the everyday Joe. Personal injury law seems even more difficult as it concerns the well-being of a loved one and often devastatingly high expenses. One simple step to take to make matters easier is to speak with a qualified and experience attorney like Moseley Collins.

If you or a loved one have been injured by negligence of another, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

Medical-Malpractice-HospitalHospitals are often named as a party in medical malpractice cases. Whether it is the medical staff that made a mistake or the hospital who failed to provide a safe environment, hospitals are often the subject of medical malpractice lawsuits. Just this week, The California Department of Public Health issued fines in the amount of $775,000 to eight California hospitals.

According to the CDPH, the fines were issued due to serious licensing violations. The CDHP stated that the hospital’s failure to comply with licensing requirements caused or was likely to cause serious injuries and, in some cases, fatalities to patients. The following violations were cited:

  • Failure to follow surgical procedures and policies
  • Failure to following procedures for the safe administration and distribution of medication
  • Failure to following procedures and policies to prevent falls
  • Failure to follow patient safety standards
  • Failure to follow procedures regarding the care and treatment of patients

Once a hospital receives a report detailing the violations, it must submit a report to the CDHP describing the steps that the hospital has taken or plans to take to correct the issues to ensure the safety of all patients. Because there are so many things that can go wrong during the care and treatment of patients at a hospital, it is extremely important that hospitals take every precaution necessary to ensure that breaches of the standard of care do not occur.

How to Avoid Medical Malpractice at the Hospital

Even though most hospitals are extremely careful and attentive when caring for their patients, medical accidents do happen. In Sacramento and throughout California, individuals are injured due to mistakes made by hospitals and their staff. In order to reduce your risk of be a victim of medical malpractice you can:

  • Choose your own doctor. If possible, choose your own doctor based on recommendations from trusted family and friends. Research the doctor’s history and look for someone who has the qualification and experience in your particular health care need.
  • Have someone with you. When you are recovering from a medical procedure, you are not always able to be your own advocate. Having someone with you that will take notes, ask questions and ensure that you receive timely care can help ensure that you receive quality medical treatment.
  • Be honest. Withholding facts about your condition or your health can create situations where you may be injured because the doctor or the hospital staff does not have the information needed to give you the best care and treatment. For example, if a doctor or nurse fails to ask about drug allergies, make sure that you speak up.
  • Get a second opinion. If time permits, get a second opinion before you move forward with any medical treatments or surgery. Having another opinion is an easy way to prevent medical mistakes and injuries.

If you or a loved one has been injured due to negligence or carelessness while in a Sacramento hospital, you need to contact an experienced personal injury attorney as soon as possible to protect your rights and to collect the compensation you deserve.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

Car-AccidentsWhen people imagine horrible car accidents it is most often involving another car. Nightmarish flashes of drunk drivers and irresponsible big rig operators occur when talk of tragic car accidents comes up. Surprisingly, studies have shown that most fatalities occur in single car crashes. AAA Mid-Atlantic produced studies of 8,000 fatal crashes over a period of five years. More than half died in single car crashes.

Survivors of single car accidents, including families of fatal victims, are faced with monetary issues that are often insurmountable. Grief, sadness and mental anguish added to financial difficulties clouds the thought process considerably. Many victims in these cases wrongly assume they cannot seek monetary recompense for damages accrued in the accident. There are some instances when a victim can seek financial compensation even though there were no other drivers involved.

When a third party is responsible for a single car crash they can be held responsible for damages accrued. Negligent drivers taking part in unsafe driving practices do not fit into this category. Unsafe driving practices include drunk driving or driving impaired, speeding, tailgating and distracted driving among others.

Single car crashes often occur when roads are not adequately maintained and dangerous driving conditions are present. The design and architecture of roads can also be ill planned and dangerous. Defects in the road, such as blind curves, drop-offs without guardrails, missing or hidden road signs, and unsafe construction, are often responsible for single car accidents.

In situations where roadways are to blame, there may be a chance to recover some damages from the public entity responsible for the maintenance and care of the road. Past accidents in the same spot, length of time the damage has been present and any attempts to previously fix the problem are all factors in the determination of responsibility.

Lawyers for any public entity that might be held responsible will inevitably blame the accident on the victims driving. Doing so will not absolve them of any responsibility that may be present on their behalf. The negligence of each party will be investigated to determine responsibility.

While a car crash may only involve a single car, there are circumstances when other drivers inadvertently cause an accident. An example would be a driver beginning to change lanes without looking and then suddenly realize there is another driver approaching from behind. The rear driver may have to boldly swerve and end up in a roll-over or departure from the roadway. The driver who tried to switch lanes may not even be aware of the accident he caused.

If you were involved in a single car accident there may still be a way to recover any financial damages you have incurred. Contact the offices of Moseley Collins today to see if we are able to help in this stressful time.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

Car-Accidents-PainSlip and fall and construction accidents can cause life altering pain. However, automobile accidents result in more instances of chronic physical pain. Car accident collisions inflict great trauma and blunt force upon the human body resulting in violent jolts. The body bounces brutally inside the vehicle and is slammed into the hard interior façade.

Chronic pain resulting from a car accident can egregiously affect a person’s quality of life. The most basic things most people take for granted can be affected by chronic pain. Victims of chronic pain also frequently experience problems with mental health, depression, anxiety and a wide range of emotional disorder. The chronic pain teamed with the other issues it brings with it change a person’s life immeasurably.

California car accidents often incur whiplash during an accident. When the head is suddenly thrown forward and back violently injury to the muscles, nerves, ligaments and vertebrae occur, known as whiplash, a common cause of chronic pain.

Whiplash and the chronic pain it causes is challenging to prove in an auto accident trial. Insurance carriers often claim whiplash claims are fake when in fact, they can cause debilitating pain in the neck, base of skull, shoulders and back.

Studies have shown at least 30% of whiplash sufferers experience pain related to the injury a year or more after the incident. Many other symptoms also accompany those of whiplash such as dizziness, lethargy, concentration issues, sleep issues, compromised memory, and blurry eyesight.

Whiplash most often occurs in one of two ways. If a vehicle is hit from behind with enough force the occupants head will violently jerk forward and back causing whiplash. Another way is if a vehicle forcefully hits a stationary object causing fervent movements in the neck and head.

Whiplash is especially detrimental because the symptoms often do not materialize immediately after the accident. This also lends itself to be questioned by insurance lawyers who try to prove the injury came from a later incident or the victim created it to gain money.

Many object preliminary scans after an accident cannot discern the presence of whiplash. Deep tissue injuries make muscles sore for months but when those heal and pain still remains it reveals a sign of a deeper malady like whiplash. An expert auto accident lawyer can assure the proper test are done to provide the necessary proof of injury.

To prove whiplash claims in an automobile crash trial takes an experienced and reliable lawyer. Investigations, test, interviews and documentation must be provided for the court. Moseley Collins has years of experience in car accident law and can help you in this stressful time. Call our office for a brief consultation on your problems and we will explain how we can help.

If you or a loved one have been injured in an auto accident, you will need a lawyer with experience. Call Moseley Collins at (916) 444-4444 for a free consultation.

Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.

Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
http://www.moseleycollins.com/

In a surprising turn of events, a Las Vegas hospital filed a defamation lawsuit against an attorney who represents a client in a medical malpractice lawsuit against the hospital. Robert Cottle, a Nevada personal injury attorney, filed the medical malpractice lawsuit against Summerlin Hospital Medical Center in Las Vegas alleging negligence in regard to a tuberculosis outbreak at the hospital last year that affected patients, staff and visitors of the hospital. At least 60 people tested positive for tuberculosis.

The medical malpractice lawsuit names 15 doctors and 7 nurses. During a May 13 news conference, Cottle told the story of the plaintiff, Ruben White, who lost his wife Vanessa White and his twin daughters to tuberculosis. Vanessa died in July 2013 after giving birth to twin daughters, Emma and Abigail. Neither Vanessa nor her daughters were tested for tuberculosis even though Vanessa presented symptoms associated with the disease.

The hospital’s defamation lawsuit stems from comments made by Cottle, during the May 13 news conference. With regard to the medical malpractice lawsuit, Cottle stated that there may have been a motivation to find a cause for her condition besides tuberculosis. If the cause was a different infection, the state government would not be needed to investigate. He went on to say a tuberculosis diagnosis invites oversight and opens up a can of worms.

Cottle claims that his intention during the news conference was to make the community aware of the dangers of tuberculosis and provide information regarding the disease. He stressed that he wanted the community to have the information they need to protect themselves and to seek medical attention if necessary.

John H. Cotton, the attorney for the hospital, commented that people cross the line when they accuse someone of intentionally misleading a state agency. Cottle is accused of implying that the hospital intentionally hid information about the tuberculosis and failed to diagnose White in order to avoid a state investigation.

Cottle said that it was sad when a company takes legal action against an attorney who was trying to safeguard the public. He went on to say that he was quite surprised to learn about the lawsuit as he was discussing the dispute with hospital officials in an attempt to “amicably” resolve the defamation claim and was under the impression that the parties would resolve this outside of the courtroom.

Summerlin Hospital objects to the statements made by Cottle and it stresses the fact that the White case was not an intentional failure to diagnose. They also stress that the allegation they hid the tuberculosis outbreak as a means of avoiding a state investigation is false.

Animal bites are always frightening. Dog bites are always in the news and can be devastating. Other animals can be responsible for dangerous bites and one that is often overlooked is the cat.

According to mayo Clinic research, while dog bites are more prevalent and can cause more physical damage, cat bites cause more serious and damaging infections that can result in hospitalization and lifelong effects. The study also showed that two thirds of cat bite victims require surgery to remove all infection from the wound.

Dog bites differ from cat bites in a number of ways. Dog bites occur most often in children while cat bites most often happen to middle aged women.

The reason cat bites are more dangerous than dog bites is a simple one. Cats do not carry more disease or germs or viruses in their mouths. The answer lies is their teeth. Cats have very sharp, long, tapered fangs that can go very deeply into a person’s skin very quickly. Infection can set in immediately.

One factor that aids in the infection is the fear factor. People are much more afraid of dogs than cats. When a dog bite occurs people are more prone to rush themselves to the emergency room or seek a doctor’s care. Cat bites seem innocuous. People who receive them often treat them at home and do not seek medical attention until the infection has progressed too far.

The location of the cat bite also plays a part in the infection onset. Cat bites directly over the wrist, joint areas or near a gland are especially susceptible to infection and hospitalization.

Once a bite occurs the victim should immediately rinse the wound. The flow of blood is scary but essential to removing some of the toxins from the body. After thoroughly rinsing the wound it should be bandaged. Medical attention should be sought out and then legal representation.

If the cat owner is insured you will receive a call from the insurance company. Make sure not to agree to any terms or payments. Find out if the cat has had all of its vaccinations and is in good health. If possible, find out if the cat has bitten anyone else.

Cat bites can cause hundreds or thousands of dollars in hospital bills and medical expenses. It changes the quality of life and inhibits normal life activities. There is reason to ask for damages and it is possible to receive them.