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Medical Malpractice By Doctors or Other Care Providers Can Be Decreased

Many politicians and citizens believe that trial lawyers are responsible for medical malpractice lawsuits.  Bunk!  According to a blog post by Pro Publica it’s long been known that medical errors are a major problem—a national panel concludedmore than a decade ago that nearly 100,000 people die each year as a result of errors in hospitals. Despite [...]

Conrad Murray ordered to pay $100 Million in restitution and serve 4 years in prison

Conrad Murray ordered to pay $100 Million in restitution and serve 4 years in prison

Conrad Murray, the doctor convicted of involuntary manslaughter in the death of Michael Jackson, was sentenced to four years imprisonment, the maximum punishment the judge could deliver. 

“Some may feel that this was a medical malpractice case. It wasn’t. And [...]

The Seven Types of Brain Injuries Most Commonly Associated With Negligence And Malpractice Lawsuits

There are many types of brain injuries; however, the injuries which are most commonly the focus of negligence lawsuits are the following:

1) A penetrating brain injury — a tearing of the brain from a skull fracture for example, or a gun shot wound. These injuries cause ruptures of large blood vessels with bleeding into the [...]

Article on Medical Malpractice Suit Focuses on Tragedy But Neglects The Law

There was an interesing article in the LA Times on January 23, 2011 concerning a lawsuit against UCLA Hospital arising out of the tragic death of a young girl. The girl, Olivia Cull, 17, died while undergoing a procedure related to a faulty heart valve. Her problem was congenital. She had had similar procedures to [...]

Tips For Accident Victims Who Are Being Deposed

The deposition of the plaintiff, the accident victim, is an important event in a personal injury suit.  Don’t wing it.  Be prepared.  Here are a few tips gleaned from Leonard Bucklin’s Trial Notebook. 

Slow down — listen to the question. Pay full attention to the question. Answer the actual question, and stop. Talk with confidence. [...]

Arbitration Clauses Keep Most Medical Malpractice Cases Out Of Court In California

 

As a condition to providing medical treatment or insurance most California healthcare providers and insurance companies require people to agree to arbitrate any disputes regarding malpractice. Arbitration is a system of alternative dispute resolution wherein the parties to a dispute refer it to one or more persons, called the arbitrators, by whose decision they [...]

Statutory Cap on Attorneys Fees and Pain and Suffering Damages In Medical Malpractice Cases

Many People Are Unaware That California Has A Statutory Cap On Both The Amount Of Attorneys’ Fees and The Amount Which  A Victim May Recover For Pain and Suffering in Medical Malpractice Cases.

Since the 1970s California  has limited the amount of attorneys fees in medical malpractice cases to 40 percent of the first $50,000, 33 1/3 percent of the next $50,000, [...]

What Is An Offer To Compromise Pursuant to C.C.P. 998?

Lots of people ask me about Offers to Compromise pursuant to Code of Civil Procedure Section 998.

Here is a recent example:

Q: I sued my physician for medical malpractice. The 998 offer was for a monetary amount with no admission of liability. I decided to reject it because I wanted a full admission.  The [...]