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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 [...]

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 [...]

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 [...]

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 [...]