Personal Injury Lawyer Blog

Hospital’s Negligence Results in Sacramento Birth Injury

March 29, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS

According to Plaintiff: Plaintiff’s mother, age 28, was planning a home birth for her first child and was seeing a Certified Nurse Midwife (“CNM”), who reported no problems with the pregnancy. At 32 weeks gestation, on December 27, 2009, plaintiff’s mother called the CNM to report that she felt a gush of fluid. The CNM told her to go to the nearest hospital, where she was seen by an obstetrician who diagnosed premature rupture of membranes and a transverse lie of the fetus on ultrasound, but, due to the gestational age of the fetus, he arranged to transfer the mother to defendant hospital, which had both a perinatology staff and a NICU.

Prior to transfer, the mother was started on antibiotics, magnesium sulfate, and terbutaline. The mother arrived at defendant hospital shortly after midnight on December 28, 2009, where she was found to be leaking clear fluid but having no contractions. She was then seen by a perinatologist at around 9:00 a.m., who ordered steroids and continued magnesium sulfate and antibiotics. Fetal monitoring was performed twice a day and showed a normal reactive strip. The mother was placed on bed rest with bathroom privileges. She was checked daily by a perinatologist, who confirmed a normal fetal monitor tracing on December 29, December 30, and December 31.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Passenger Suffers Severe Brain Injury After Sacramento Motorcycle Accident, Part 1 of 3

March 27, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a brain injury lawsuit could develop and resolve. Reviewing this summary should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury lawsuit and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS

According to court records: On January 12, 2008, plaintiffs Jamie Lynn and Jerry Welming purchased a 2008 Harley-Davidson Road Glide motorcycle from Harley-Davidson of Elk Grove, California, which is owned by Harley-Davidson of Sacramento Inc. During the sales transaction, Greg Temple, a Harley of Sacramento sales associate, represented to plaintiffs that the motorcycle they were purchasing had ABS brakes, though it had only standard brakes. In discussing ABS brakes, Temple never mentioned that ABS brakes were an option or that they came at an additional cost.

On April 11, 2009, plaintiff Janice Welming and Jerry Welming, an experienced motorcyclist, were riding their motorcycle on Highway 99 during a road trip as they had done almost every weekend since purchasing the motorcycle a year earlier. Jerry Welming was getting ready to exit the highway, so he briefly checked his side mirrors to avoid cutting off another motorcyclist who had been traveling nearby for several miles. When he looked up from the mirrors, he saw the sudden emergency of a wall of traffic about a couple hundred feet ahead.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Deceased Woman’s Family Argues San Jose Hospital Provided Negligent Treatment, Part 2 of 2

March 26, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Lemons performed the cardioversion on April 17, 2007. Two days later, Garvey was seen by her primary care physician with a blood pressure of 202/64, nosebleeds and high blood sugar. The primary care physician decreased the dosage of her antihypertension medication.

On April 20, 2007, Garvey was admitted to a hospital in San Jose as she had become unresponsive due to a stroke. A CT scan of the brain performed on the same day showed no hemorrhage.

A CT Scan taken April 21 indicated a stroke involving the basal ganglia, internal capsule and right mid-brain. Garvey was a “do not resuscitate” patient and life support was discontinued that day.

Garvey’s widower and children sued Lemons, alleging that a cardioversion must not be performed unless a patient is adequately anti-coagulated pursuant to American College of Cardiology Guidelines, both before and after cardioversion, and that Lemons’s decision to proceed with cardioversion with the patient unprotected, given the inadequate anticoagulation, was below the standard of accepted care. The plaintiffs contended that Garvey sustained a cardioembolic stroke three days after her cardioversion which resulted in her death.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Wrongful Death In Soon-To-Be Physician Settles for $5 Million in San Francisco Medical Malpractice Lawsuit, Part 2 of 2

March 26, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a medical malpractice case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)

The plaintiffs contended that a general anesthesiologist should have been employed during the second procedure because the decedent had undergone an ERCP procedure five days earlier, during which she proved to be difficult to sedate and became combative during the procedure. The plaintiffs argued that if a general anesthesiologist was managing her airway, her exhaled carbon dioxide would have been monitored through capnography and the respiratory arrest that led to a cardiac arrest would have been prevented. The plaintiffs also contended that there was a failure to competently assess the decedent’s airway and remove the endoscope when the decedent’s pulse oximeter readings dropped and then became undetectable. The plaintiffs argued that once it was noted that the decedent was in ventricular tachycardia, six minutes elapsed before the Code team attempted cardioversion.

The plaintiffs relied on their experts in anesthesiology and cardiology, who contended that as soon as a crash cart was brought into the room, within a minute or two of calling the Code, the decedent should have been defibrillated.

The defendant argued that it was within the standard of care not to use an anesthesiologist for the second ERCP procedure and to proceed with a sedation nurse without the benefit of capnography. It added that standard sedation medications and dosages were used, and changes in the oxygen saturation readings were not reflective of an obstructed airway or respiratory arrest. The decedent’s oxygen saturation values returned to the high nineties when a second pulse oximeter was employed, and it was only after the decedent independently developed an arrhythmia that ventricular tachycardia developed and she arrested.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Account Manager Claims Supervisor Harassed and Forced Her to Leave Job in Sacramento Sexual Harassment Case

March 26, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

CASE INFORMATION
FACTS/CONTENTIONS

According to court records: Defendants ABC Healthcare Solutions Inc. hired plaintiff Alice Sarah in December 2007. Defendant reprocessed medical equipment. Plaintiff represented the company in working with hospitals in Northern California.

In February at the Sacramento Airport, following a company function, plaintiff’s direct manager, Mary Mark, allegedly propositioned plaintiff and proposed plaintiff split from her spouse. Plaintiff claimed the proposition followed 16 months of unwelcome sexual advances including inappropriate touching, late-night phone calls, and threats to withhold promotions.

According to plaintiff, she reported many instances of harassment by Mark to defendant’s Human Resources department. Plaintiff claimed Mark issued her a disciplinary action letter in response to her complaint. Plaintiff said the HR department and employees refused to properly investigate her complaints. In 2009, plaintiff claimed, she was forced to take medical leave because of the harassment.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Suffers Facial Fracture and Injuries After Slip and Fall, Part 2 of 2

March 26, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall lawsuit and its proceedings.)

Leanas further said that the city was aware of the need for visual cueing in the stair design, as it was required in the building code. The city architect designed nose striping into the carpet detail, but the stripes were missing on every third step, and the distance between the stripe and the step’s edge — or nose — varied.

The defense denied liability, contending that the second tier stairs met code requirements. The defense also claimed that the railing system design was the only practical way to install handrails in the symphony setting.

Golden State also contended that its work, done 14 years earlier, fully conformed to all requirements at the time of installation.

The carpet installers argued that the carpet’s nose striping was uniform in the area where Leana fell.

The defense claimed that Leana’s fall was caused by dizziness from the concussion she had sustained in the car accident the day before.

She alleged sleep apnea from the crash.

Leana claimed past medical expenses of about $28,000 and future medical expenses of about $58,000. She also sought damages for pain and suffering.

Ernie sought damages for loss of consortium.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Woman Diagnosed With Cancer After Failure to Treat Tongue in Sacramento Medical Malpractice Case, Part 2 of 4

March 26, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Plaintiff returned March 4, 2004 for a prophy. That day the area on the tongue was described as improved.

On June 2, 2004, plaintiff was seen again for an apthous ulcer on the tip of her tongue. The associate dentist placed Debactrol on the area to cauterize the ulcer.

Plaintiff returned December 8, 2004 for a prophy. The hygienist noted an apthous ulcer on the left side of the tongue on the lateral border. The patient was shown the area and advised to monitor it.

Plaintiff returned on October 10, 2006. There were no complaints voiced. The hygienist wrote “watch tongue, not too scalloped.” Plaintiff had developed a habit of sucking on her tongue which caused the tongue to have a scalloped appearance from the back side of the teeth.

Plaintiff returned on February 14, 2007 for a prophy and examination. No complaints were referable to plaintiff’s tongue. The hygienist noted the oral hygiene was fine and the gingival tissues were light, firm, and pink.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Car Accidents Leaves Mother and Two Children With Injuries, Part 2 of 2

March 26, 2012 | by Moseley Collins

The following blog entry is written to illustrate how a car accident lawsuit might follow. Reviewing this kind of case should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

Sarah claimed that she sustained neck pain and left shoulder pain as a result of the November accident. She was placed in an ambulance and transported to Kaiser, where she was treated and released. She underwent approximately one month of additional physical therapy, and two months of chiropractic treatment. MRIs on her back and neck revealed a slight disc protrusion. She claimed that she missed some work as a result of the second accident.

For the January accident, Sarah sought recovery of $57,056.11 in economic damages and $13,000 in noneconomic damages. She claimed $12,121.11 in medical expenses, and $44,935 in lost wages from Jan. 17 to Oct. 30, 2004. Remmy sought recovery of $7,500 for her economic damages, and Aaron sought recovery of $6,000 for his economic damages.

For the November accident, Sarah sought recovery of $18,777.71 in economic damages and $7,500 in noneconomic damages. She claimed $7,942.71 in medical expenses and $10,835.50 in lost wages from Nov. 8, 2004 to Jan. 16, 2005.

Defense counsel for ABC Services argued that Sarah’s treatment was unreasonable and unnecessary, and that she frequently telephoned doctors requesting an extension of disability.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Man Makes Kaiser Medical Malpractice Claim After Herniated Disc Arises After Surgery, Part 1 of 2

March 26, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

INJURIES: Rory claimed that the surgical resident performed the banding procedure negligently, causing him excruciating pain. During a hemorrhoidectomy April 13, Rory was placed in lithotomy position, which was lying on his back with his legs elevated in candy cane stirrups. Following the surgery, he claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.

Facts:

On April 5, 2006, plaintiff Herman Rory, 35, a master diesel mechanic, underwent a hemorrhoidbanding procedure at Kaiser Permanente. The procedure was performed by a third-year surgery resident.

Rory underwent a surgical hemorrhoidectomy April 13. During the hemorrhoidectomy, he was placed in lithotomy position, which was lying on his back with his legs elevated in candy cane stirrups. Following the surgery, Rory claimed that he immediately felt pain in his left leg, hip and buttock. He was ultimately diagnosed with a herniated disc at L5-S1.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Dog Bite Brings Lawsuit For Woman and Child, Part 2 of 2

March 23, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this dog bite lawsuit and its proceedings.)

Callox claimed that she will continue to need two filler injections annually for the next 10 years. She claimed that she has some residual scarring, but that it is only visible at close range.

Callox claimed she went through a lot of excruciating pain during the time of her surgeries, but that she now deals with only numbness and minimal discomfort. She said that she planned on returning to work as an actress, which was delayed as a result of the injury.

She asked the jury for $70,000 in damages for past medical costs and $6,000 annually for future medical costs for the filler injections. She also sought $900,000 for past pain and suffering and $150,000 for future pain and suffering.

Ramsey claimed emotional distress damages in regard to witnessing her mother get bitten by the dog. Her parents claimed she developed odd behavior and they sought out a psychologist two years after the incident.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.