Articles – Table of Contents

SPOTLIGHT: Medication underprescribing and underdosing errors

Informative pieces in the following categories:

Kaiser Permanente Information and Lawsuits
Elder Care, Nursing Home Concerns, and Malpractice
Medical Malpractice and Negligence related to COVID-19
Medical Malpractice and Personal Injury Case Examples
General Legal and Medical Malpractice
Personal Injury and Negligence Information
California Attorney, How and Why

The articles listed on this page are intended to provide you with information on various legal terms and situations as they pertain to personal injury law. We’ll be updating this page monthly, so make sure to check back for current additions.


General Legal and Medical Malpractice

  • How to file a formal complaint against a doctor or hospital
    Details
    If a doctor or hospital has breached their standard duty of care as a result of negligence or carelessness, they should be reported to the appropriate authorities or regulatory board. But, to get the desired result, you need to know how to file a complaint.
  • Can doctors get fired?  
    Details
    The simple answer is “yes”, but when a doctor is fired, it can be a complicated process and lead to some legal issues.
  • Will a doctor lose their license for medical malpractice?  
    Details
    Contrary to what many people believe, a medical malpractice lawsuit is not intended to revoke a doctor’s medical license, even if he or she is found liable of negligence. That is a separate process that takes place outside of civil court.
  • Reasons to sue your (former) attorney for legal malpractice  
    Details
    Most attorneys represent their clients in a professional and ethical manner. However, there are some attorneys that fail in representing their clients, the results of which can have significant consequences regarding the outcome of the case.
  • Medical malpractice document checklist  
    Details
    For a medical malpractice case to be successful, you have to be able to prove the 4 D’s of medical malpractice — duty, deviation, damages, and direct cause. Without the proper documentation, it’s difficult for an attorney to build a strong case in your favor.
  • How shared liability works in medical malpractice cases  
    Details
    In medical malpractice cases in which more than one party’s negligence resulted in an injury to a patient, the legal concept of joint and several liability comes into play.
  • The 3 worst types of medical malpractice  
    Details
    According to a 2016 study conducted at the Johns Hopkins School of Medicine, preventable medical errors are the third leading cause of death in the U.S. This includes deaths from delayed diagnosis, medication errors, as well as surgical errors.
  • Medical malpractice statute of limitations in California  
    Details
    In general, the statute of limitations for medical malpractice cases is 3 years from the date of the injury or 1 year after it was discovered that the injury was caused by medical negligence. However, the time to file is also dependent upon who you are suing.
  • Are medical malpractice cases on the rise?  
    Details
    While the number of medical malpractice cases that have resulted in paid claims has substantially decreased over the years, the payout amounts from successfully litigated cases has increased.
  • Medical malpractice news in California  
    Details
    A ballot initiative is now eligible for the November 2022 election which proposes to raise the cap of $250,000 on noneconomic damages in medical malpractice lawsuits.
  • The 4 D’s of medical negligence cases  
    Details
    The 4D’s of medical negligence refers to the four requirements that a victim of medical malpractice must establish before a lawsuit can be established.
  • What documents do you need for a medical malpractice case  
    Details
    In order to successfully prove a medical malpractice case, there are a variety of documents that you’ll need to obtain as evidence of your claim …
  • San Diego attorney Scott S. Harris specializes in medical malpractice  
    Details
    Four legal elements must be proven to build a successful case which is why it’s critical to find an attorney that specializes in medical malpractice.
  • Medical Malpractice gets even worse when there is a cover-up  
    Details
    Medical malpractice cases are the result of negligence or flagrant errors in treatment or during a procedure. What makes these cases even worse is when a doctor tries to cover up his or her negligence or errors. …
  • Don’t be a victim of medical malpractice  
    Details
    More than 250,000 people in the U.S. die every year from medical mistakes according to a study conducted by Johns Hopkins. Therefore, it’s important that you take an active role in your medical care so you don’t become a statistic…
  • Duty of Care laws for doctors  
    Details
    When a doctor establishes a relationship with a patient, he or she is expected to provide what is known as a “duty of care” to the patient.
  • How to sue an attorney for malpractice  
    Details
    What happens when an attorney that you’ve put your trust in to on a legal case, fails or makes the original situation even worse?
  • Signs of a bad attorney  
    Details
    While experience and a high success rate are qualities that you want your attorney to have, there are other important factors to consider when choosing the right attorney…
  • What to do when you disagree with your doctor  
    Details
    The doctor-patient relationship is built on trust. But, what happens if you don’t agree with a diagnosis or treatment plan…
  • Can you sue your doctor for bad handwriting?  
    Details
    Lots of jokes have been made about doctors and their sloppy handwriting. But, sadly, a doctor’s sloppy handwriting is no laughing matter.
  • Common examples of legal malpractice  
    If an attorney manages a case inappropriately due to negligence or with the purpose of harming and causing damage to his or her client, the result is legal malpractice…
  • The effects of medical misdiagnosis are dangerous  
    Details
    It’s a fact that a majority of Americans will be misdiagnosed or will get a diagnosis that is late in coming at least one time in their lives.

Personal Injury and Negligence Information

  • How do pain and suffering settlements work?  
    Details
    Pain and suffering is a legal term used in personal injury cases to describe both the physical pain and emotional anguish that often follows a personal injury resulting from a car accident, for example.
  • Can you sue for pain and suffering? It depends  
    Details
    While pain and suffering is often a key element in a personal injury case, it can be challenging to prove due to its subjective nature.
  • You can sue for wrongful death. What does that mean?  
    Details
    A wrongful death lawsuit is a civil lawsuit brought against a defendant who has caused the death of another person as a result of negligence or an intentional act.
  • Medical Malpractice vs. Personal Injury; what’s the difference
    Details
    Medical negligence, wrongful death, medical malpractice are all part of personal injury law. Consult a personal injury law firm that focuses exclusively in legal & medical malpractice claims.
  • How to prove your medical negligence case in court  
    Details
    Proving negligence on the part of a doctor or other healthcare professional can be complicated because it requires a knowledge of the law as well as the medical field…
  • What to expect at an ER visit  
    Details
    Going to the ER can be a frightening experience if you don’t know what to expect. The more knowledge you have about what to expect in the ER, the better you or a family member can advocate for your care…
  • Medical negligence, defined  
    Details
    The terms “medical negligence” is often used synonymously with the term “medical malpractice. But, it’s only one of the four required elements needed to make a claim of malpractice…
  • Emergency room negligence  
    Details
    Emergency rooms are chaotic places. They’re often overcrowded with long waiting times and ER staff are tasked with greater patient loads. All of this can result in an increased risk for ER negligence.

Kaiser Permanente Information and Lawsuits

  • How to file a complaint against Kaiser Permanente
    Details
    Most states, including California, have a variety of public agencies that you can contact if you want to file a complaint about the medical care or other issues you’ve experienced as a patient of Kaiser Permanente. However, in cases involving malpractice, the process is more complicated.
  • The Kaiser HMO nightmare
    Details
    There are hundreds of members of Kaiser Permanente’s HMO with nightmare stories of negligent care at the hands of Kaiser physicians and other healthcare professionals within their system.
  • Kaiser killed your family member; now what?
    Details
    Over the years, many wrongful death cases have been brought against Kaiser Permanente due to malpractice and negligence, including delays in treatment, misdiagnosis, surgical errors, or failure to refer.
  • Why filing a complaint against Kaiser Permanente isn’t worth your time
    Details
    If you have a problem with the treatment or care you received as a member of the Kaiser system, you can file a complaint. However, filing a complaint has little chance of getting you a positive result.
  • How to sue a Kaiser Permanente doctor
    Details
    Here is how to file a lawsuit claiming medical malpractice against a doctor in the Kaiser Permanente system.
  • Can you win a lawsuit against Kaiser Permanente?  
    Details
    If you are considering filing a medical malpractice lawsuit against one of the Kaiser Permanente entities, you’ll want an expert arbitrator by your side.
  • Kaiser Medical and Malpractice Attorney in San Diego
    Details
    If you are a member of Kaiser Permanente, and you’ve been a victim of negligence on the part of one of their doctors or hospitals, you must bring your claim to a private arbitration process vs. having your case heard in a jury trial.
  • Can you sue your HMO?  
    Details
    Suing an HMO is harder than suing a physician or hospital. While HMO’s can be held liable for failing to provide adequate health care to a patient, many impose limitations on members filing malpractice lawsuits …
  • Do you have a legal case against Kaiser?  
    Details
    Kaiser Permanente pioneered the concept of the HMO. Today, the Kaiser Plan has more than 8 millions members throughout the state of California. Theirs is an integrated model for health care which means that you have to use their doctors and hospitals for your care. In addition, limitations have been added to all of their group policies regarding how cases of medical malpractice against Kaiser can be handled.

Elder Care, Nursing Home Concerns, and Malpractice

  • Nursing home abuse with younger patients  
    Details
    People under the age of 65 now account for about 15% of nursing home residents and comprise the fastest growing segment the of the nursing home population, as a whole…
  • Nursing home weight loss may be a bad sign  
    Details
    According to a recent investigation undertaken by the federal government, 43% of nursing home residents were found to be critically underweight. Could the nursing home be at fault?…
  • Visiting a nursing home for your parents; what to look for  
    The decision about moving your elderly parent into a nursing home is often difficult and fraught with emotion. How can you ensure that your parent won’t become a victim of abuse or negligence? …
  • Nursing home wrongful death information  
    Details
    People are living longer these days. Therefore, the percentage of people who require long-term care is rapidly growing. Sadly, they’re the most vulnerable segment of the population …
  • Medical elder abuse information  
    Details
    1 in 10 older adults experiences some form of abuse or neglect by a caregiver every year…
  • Was it nursing negligence?  
    Details
    Nurses play a crucial role in the care of patients. They should be advocates for patients, making sure that all doctors’ orders are followed and properly carried out as well as be responsive to the medical needs of the individuals in their care.
  • Do you know the real signs of elder abuse?  
    Details
    Elder abuse can be physical, mental, emotional, and sexual as well as financial exploitation, neglect, and abandonment.
  • The nursing home abuse stats you need to know  
    Details
    Nursing homes and their staff owe a duty of care to their residents as well as to their families. Sadly, over 40% of nursing home residents have reported being the victim of some type of abuse, and a staggering 90% have reported that they or another resident have been a victim of neglect.

Medical Malpractice and Personal Injury Case Examples

  • Medication underprescribing and underdosing errors  
    Details
    Medication underprescribing and underdosing are just two examples of medication errors, mistakes that result in the death of 7,000 to 9,000 people every year in the U.S. Underdosing or underprescribing an can occur due to an error on the part of a doctor, pharmacist, or nurse.
  • Failure to communicate test results is medical malpractice  
    Details
    One of the leading causes of misdiagnosis is failure to communicate test results to a patient. This type of negligence on the part of a physician, lab, or other testing facility can result in serious, if not, fatal consequences for the patient in question.
  • How to prove brain injury  
    Details
    A victim of a traumatic brain injury can be left with permanent cognitive, psychological, physical, and emotional disabilities, depending upon the severity of the injury. If the injury resulted from negligence on the part of another, you need to contact a brain injury attorney.
  • Cancer patient medical malpractice claims  
    Details
    When it comes to cancer, early detection and diagnosis offer the patient the best possible outcome. If cancer is not correctly diagnosed or misdiagnosed, it can have devastating results for a patient.
  • What happens when a surgical instrument is left inside the body after surgery?  
    Details
    Surgical instruments left inside a patient’s body is a real problem for surgeons and hospitals. The National Center for Biotechnology Information estimates that there are approximately 1,500 cases of retained surgical instruments every year.
  • Brain injury from medical malpractice  
    Details
    While a majority of brain injuries are the result of a traumatic blow to the head as the result of an accident or fall, medication, diagnostic, and surgical errors can all result in significant brain damage.
  • Waking up during surgery  
    Details
    Millions of people in the U.S. are administered anesthesia for some type of procedure or surgery every day. Unfortunately, about 1-2 persons out of every 1,000 end up waking up during surgery due to a medical error.
  • Famous medical malpractice cases  
    Details
    More than 250,000 people die every year from surgical errors and negligence in the U.S.; many more individuals sustain injuries, some of which are permanent. Some of these cases have made the news.
  • Commonly misdiagnosed diseases  
    Details
    Each year, approximately 100,000 Americans die or are permanently disabled due to a misdiagnosed disease or a delay in diagnosis. Some diseases prove hard to diagnose because, currently, there is no real test to prove that they exist.
  • Medical complications from pelvic mesh  
    Details
    The pelvic mesh has provided relief to thousands of women who experience chronic POP or SUI. However, these products have become increasingly associated with a variety of health issues.
  • Did you go blind due to medical malpractice?  
    Details
    Losing your vision is life-changing and can result in serious emotional trauma because you become disconnected from the world you’ve always known. It’s particularly devastating if it’s the result of negligence on the part of your eye doctor.
  • Did the doctors cause your child’s cerebral palsy  
    Details
    Cerebral palsy, the most common motor disability in childhood, is really a group of disorders that affect movement and muscle tone. Of children born with CP, 10-15% have it due to medical negligence …
  • The most common personal injury case types  
    Details
    The idea behind a personal injury lawsuit is to prove that, due to negligence or intent on the part of the defendant, the plaintiff suffered injury. Common case types include car accidents, slip and fall …
  • Famous medical malpractice cases from celebrities  
    Details
    According to Johns Hopkins Hospital, medical malpractice ranks third as the leading cause of death in the U.S. While it occurs every day across the country, when it happens to a celebrity, it garners a lot of media attention…
  • Wrongful death on vacation  
    Details
    Vacations should be time for kicking back, relaxing, and having fun. Sadly, for some people, their vacation can take a deadly turn due to negligence on the part another party, business, or company or the intentional act of another.
  • Failure to diagnose cancer  
    Details
    A failure to diagnose your cancer can result in a lack of appropriate treatment which can compromise your health and lower your chances of survival.
  • Bacterial meningitis malpractice attorney  
    Details
    While bacterial meningitis is rare, it can have serious and even life-threatening consequences if it’s not treated immediately.
  • Erb’s Palsy Lawyers  
    Details
    Erb’s Palsy, an injury to the brachial plexus, occurs most commonly during birth, affecting the fifth and sixth cranial nerves.
  • Failure to properly diagnose brain tumor  
    Details
    If a brain tumor is undiagnosed and untreated, it can result in devastating consequences for the patient as well as his or her family members and friends.
  • Attorney for anesthesia related injuries  
    Details
    Anesthesia and the use of anesthetics are crucial to controlling pain during surgery and other procedures. However…
  • Common examples of medical malpractice
    Details
    Medical malpractice happens as the result of a negligent act or omission on the part of a doctor, hospital, or other healthcare professional, resulting in an injury to the patient. The negligence may involve errors in diagnosis, treatment, aftercare, or health management…
  • Did the doctor perform the wrong surgery?  
    Details
    Surgical errors are a form of negligence. The consequences for the victim can be serious and even potentially life-threatening.
  • Improper lab procedures and results are medical malpractice  
    Details
    Accurate diagnostic testing and lab procedures are the cornerstone of prescribing the appropriate course of treatment. When errors are made in testing procedures, they can have disastrous consequences for patients.
  • Bicycle accident injury attorney  
    Details
    Every year approximately 50,000 people are injured in accidents involving a bicycle and a motor vehicle, usually a car.

California Attorney, How and Why

Medical Malpractice and Negligence related to COVID-19

  • COVID-19 San Diego safety tips  
    Details
    Cases, hospitalizations, and deaths due to the coronavirus are surging in California. With this recent surge in cases coming as the holidays are approaching, it’s crucial that you protect you and your family from infection.
  • Should you go to the doctor during COVID?  
    Details
    Since the beginning of the COVID pandemic, fewer people are keeping medical appointments or seeking medical care because they’re afraid of contracting the virus. But, there are several factors to consider before canceling those appointments.
  • Should you get tested for COVID-19 at Kaiser?  
    Details
    Kaiser members can get tested for COVID-19 through the HMO as long as their doctor has ordered testing. However, it’s important to keep records of all your interactions with Kaiser employees in case there are problems with the testing.
  • Coronavirus related medical malpractice cases are expected to explode  
    Details
    Medical malpractice lawsuits involving nursing homes, care facilities, hospitals and healthcare providers are expected to skyrocket.
  • Coronavirus wrongful death lawsuits are coming  
    Details
    Cruise ships and healthcare facilities have figured prominently in the spread of coronavirus or COVID-19. The question is did they take “all reasonable measures” to prevent exposure to the virus?