Personal Injury Lawyer Blog

The Basics of a Slip and Fall

January 11, 2014 | by Moseley Collins

Slip and fall accidents are commonplace. Unfortunately, so are slip and fall injury cases. This is due to the high probability of longtime injury and pain factor involved with these dangerous and common accidents.

The Centers for Disease Control and Prevention reports over 17,000 people die because of slips and fall accidents every year. More than one million people suffer injuries from a slip and fall each year, some life-long. Slip and fall injuries can be excruciatingly painful and debilitating.

As the name implies, slip and fall accidents occur when someone trips, slips or falls for any reason. When injuries occur, the victim will often file a personal injury lawsuit to recover damages from the injury.

Summary of Sacramento Medical Malpractice Issues

January 10, 2014 | by Moseley Collins

The statute of limitations is a big issue in medical malpractice cases. In Sacramento, a victim must begin the legal process within one year from the date the injury was discovered. In some cases up to three years grace period is granted. Cal. Civ. Proc. Code § 340.5 (West 1992)

In cases of a retained foreign body, such as a sponge left inside the body during surgery, the claim can reach for as long as it takes the claimant to discover the entity. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989. – See more at: http://www.mcandl.com/california.html#sthash.7ENOwq5L.dpuf

Another reason it could take longer than one year is if the complaint is on behalf of a minor child. However, if the child is under the age of six years the action must have commenced within three years prior to the eighth birthday of the child.

Preparing For a Personal Injury Case

January 7, 2014 | by Moseley Collins

It’s no secret that the accident victim and the insurance adjuster are on the opposite sides of the fence. Insurance claims adjusters are schooled in all kinds of tactics to make sure they give the victim the least amount of money for their accident claim as possible. The victim, of course, has another mindset. They have medical bills, rehabilitation costs, a loss of income and many other factors to consider. They aim to get the most money possible for their claim.

Despite being on opposite sides of the agenda, insurance adjusters can be charming. It is easy to listen to their advice and assume they are telling you what is in your best interest. Not a wise decision. Preparing for the case and negotiation is the best practice.

To prepare for a personal injury case in California there are a series of questions that must be answered successfully. Is the evidence strong? How are other cases similar to this one solved? What is the goal of the claim? What is the least you will accept? What are the alternatives?

California Hospital Cover-up Scandal

January 7, 2014 | by Moseley Collins

A California medical malpractice case citing wrongful death is scheduled for trial later this year in which a California hospital, Sierra Vista Regional Medical Center in San Luis Obispo, is charged with covering up the cause of a patient’s death. In the lawsuit the hospital and the surgeon are accused of hiring an outside service to perform an autopsy and file a false report as the circumstances of the patient’s death.

The victims survivors, a wife and child, seek punitive damages based on the fraud, conspiracy and cover-up – all denied by the hospital and surgeon.

The patient was male, 42 years old and scheduled for surgery to remove a cervical disc in January of 2010. Post-operative hematoma is a known side effect of this surgery. If it occurs, it can expand to the point of trachea obstruction. Patients can suffocate to death if the condition is not promptly diagnosed and treated.

Legal Stages of a Personal Injury Case

January 4, 2014 | by Moseley Collins

How it Begins

Contrary to what the average person assumes, a personal injury case begins the moment someone is injured in an accident. Injury cases may be settled immediately after the accident or could go onto a lengthy personal injury trial. In both instances, witness testimony and all other evidence of the injury is imperative regardless of how the case is settled. Witnesses and evidence should be gathered immediately following the accident to prevent people from forgetting what they saw or evidence being lost.

Consulting a Lawyer

Medication Errors

January 2, 2014 | by Moseley Collins

Medicine is arguably the greatest invention of modern medicine. Pain relief, disease prevention and cure, and treatment of chronic disease symptoms are all products of modern medications. Unfortunately, due to many reasons, innocent people’s lives are put in jeopardy each day because of errors in medication. If medication is not prescribed and dispensed correctly, the patient can be seriously injured or even die.

Medication errors can happen at home, in the hospital or in the doctor’s office. More than one million people a year experience a medication error of some type and Sacramento experiences many of those, many of which are preventable. The California Medical Board listed 110 occurrences of serious disciplinary action against a medical professional in 2000. In 2009, 132 preventable accidents in medication were listed and the number is rising each year.

These deaths and injuries happen when medication errors occur which leads to medication being used improperly. These errors could be prescribing the wrong medicine, or the wrong dose. Other causes include illegal prescriptions, poor communication, typos and similar sounding medication names and abbreviations.

Will Sacramento See the Autonomous Automobile?

December 30, 2013 | by Moseley Collins

Every so often a new discovery is made that changes the face of humanity. Be it an idea, invention or theory; some things, once they exist, change everything. The atomic bomb, penicillin, the internet and automobiles are among those things that changed reality with both good and bad elements.

Technology advances each year and along with it, inventions advance as well. Everyone wants the safest product possible, especially when it comes to big things like cars. Safety advances in the auto industry are never-ending but what if there was a way to ensure there would never be another car accident? Some people say self-driving cars can do that.

Google and other major corporations have put major bucks into research of driverless cars for commercial use. The possibilities for this type of car run the spectrum from convenient and useful to frivolous and fun. We can pick up Aunt Sally from the airport without leaving the house, blind people can run errands, pick up and drop offs at school and getting those extra few minutes of sleep before and after work. Of all the perceived advantages of a self-driving car, the biggest of all may be the drastic decline in fatal car accidents.

Gastric Bypass Issues

December 24, 2013 | by Moseley Collins

Some people, try as they might, are unable to lose the amount of weight they would like to lose. So many Americans have a perfect body image they strife for but are not always able to obtain, be it genetic, hereditary or just plain product of age. Elective weight loss surgery has become an alternative to just excepting what you cannot change.

Elective weight loss surgeries like gastric bypass, LAP Band, Sleeve gastrectomies, and gastric banding can give patients the body they have always wanted, or at least one closer to it than they had before. The trouble is they carry a high risk of serious injury and even death if an error occurs. Not all patients appreciate the seriousness of these major abdominal procedures.

Of all the forms of elective weight loss surgery, gastric bypass is the most common. It is performed as both a minimal invasive surgery and an open surgery. During the surgery a loop of bowel is used to bypass the major section of the stomach. The smaller portion of the stomach retains only an ounce or two.

Seatbelt Laws Attributed to Lower Auto Accident Fatalities Nationwide

December 24, 2013 | by Moseley Collins

California, along with the rest of the nation, has a mandatory seat belt law. Everyone in the car over the age of 16 is susceptible to the law. Infants and small children must be in a car seat. Despite this nationwide law, California sees repeated auto fatalities each year, Sacramento included.

Moseley Collins, an experienced Sacramento attorney, is a proponent of the seat belt law for many reasons, mostly because of the many instances of avoidable horror that he has witnessed when riders do not use a seat belt. There are many political views involved in the merits of legislation that involves forcing someone to do something for their own safety. This particular topic, however, should never be considered without also considering the actual percentage of people that they influence to buckle up and prevent accidents.

According to a report by the prestigious Harvard University, increased use of seat belts resulted in a decrease of auto accident fatalities. An interesting note in the study is the introduction of the “compensating behavior theory” or the “Peltzman Effect”. This theory says that people who drive with seat belts drive less carefully because they feel safer. They are more careless and less attentive. This theory stated that the decline in fatalities among riders is accurate but a fatality for others is higher.

Errors in the Emergency Room

December 17, 2013 | by Moseley Collins

Sacramento emergency room physicians may have the most stressful, difficult job in the world. It becomes even more challenging when you factor in the long hours, ever-changing schedules, and unpredictable work environment. It is impossible to properly diagnosis multiple patients with 100% accuracy in these conditions. Mistakes will occur.

While these conditions and the improbability of perfect diagnosis every time are understandable, doctors and other health care professionals are still held to a certain standard in healthcare. If gross negligence occurs under their care or as a result of their care, they will be held responsible.

Most Common Emergency Room Errors