Stockton Injury Lawyer Blog

A California Court of Appeals has determined that a Newport Beach doctor must pay damages in a medical malpractice wrongful death lawsuit filed against him. The action involved his erroneous reading of a computerized tomography (CT) scan of an 85-year-old woman, Lois Shafer. A jury determined that Dr. Luke Cheung's actions in misinterpreting the scan and failing to diagnose the woman's intracranial bleeding, led to her unnecessary death.

If you believe a loved one has died as the result of the negligent conduct of another, it is important to consult with a Stockton wrongful death attorney. Where you believe a nurse, doctor or other hospital staff made a mistake that harmed - or led to the death - of a loved one, you may be able to file a medical malpractice lawsuit.

Not all medical mistakes constitute a medical malpractice action that entitles a family to obtain compensation. Generally, you must be able to show that the doctor's or other health care provider's actions fell below the accepted standard of care and that these actions led to the harm.

Here, Shafer was taken to the Hoag Hospital emergency room. After Dr. Cheung's failure to diagnose the bleeding, an emergency room doctor then discharged Shafer. At trial, a medical expert testified that if Cheung had diagnosed the bleeding, Shafer wouldn't have been discharged, treatment would have begun quickly and the patient would have had a very successful outcome...complete recovery or close to a complete recovery."

Continue reading "California Doctor To Pay Damages In Wrongful Death Lawsuit" »

The wife of a Hawthorne police officer killed while assisting a funeral procession has filed a wrongful death lawsuit against the cities of El Segundo and Manhattan Beach. The $25 million negligence suit alleges that the negligent and reckless actions of the municipalities and police departments in organizing the funeral procession led to the death of Andrew Garton, a motorcycle officer with the Hawthorne Police Dept.

If you have been seriously injured or have lost a loved one as the result of a motorcycle accident or the wrongful or negligent conduct of another, it is important to speak to a Stockton personal injury attorney immediately to discuss your case and determine your next steps.

Here, Garton collided with another motorcycle officer from El Segundo. The crash tossed Garton into oncoming traffic where he landed on another vehicle and was killed. Garton's wife filed the wrongful death lawsuit on behalf of herself and her young sons, alleging wrongful conduct on the part of El Segundo. Specifically, she alleges that El Segundo "negligently, carelessly and recklessly" controlled and monitored the motorcycle operated by the El Segundo officer who caused the crash. The complaint also alleged negligence in the hiring and training of the officer involved.

Continue reading "Wife Of California Police Officer Killed In Motorcycle Accident Files Negligence Lawsuit" »

A tragic case out of New Jersey, in re Matter of John Fiocco, Jr., deceased, highlights the responsibility of public entities to maintain a safe environment. In the wrongful death lawsuit the family of young college student alleges that the College of New Jersey was responsible and should be held accountable for the death of their son. The parents, Susan and John Fiocco allege that "lax security measures" at the campus allowed a stranger to enter their son's dormitory and murder their son.

The college argued that it was protected from civil suit as the result of immunity laws that shield public and charitable institutions from liability unless the institution was either "grossly negligent" or allowed a "dangerous condition" to exist at the time of an accident. However, the court ruled that allegations that the college allowed open access to the dorm 16 hours a day and did not make sure that exterior doors leading into the dorm and the trash compactor room were locked, could be considered "grossly negligent" and/or a dangerous situation. As a result, the college could not hide behind immunity statutes to shield itself from civil liability.

Similarly in California, public entities may be held liable for creating dangerous conditions. If you have been injured as the result of a dangerous condition on public property or have lost a loved one, a Stockton injury lawyer can advise you of your rights and consult with you regarding your next steps.

Under California law, several different issues and laws may be considered in determining whether to file a wrongful death lawsuit or premise liability claim. For example, was the public entity aware of the dangerous condition? Even if the entity was not aware of a condition - should they have discovered the condition? Did the entity adequately inspect and maintain the property? In the event the entity was aware of a dangerous condition, did it take adequate steps to prevent foreseeable risks of harm?

Continue reading "College May Be Found Liable In Wrongful Death Lawsuit - In re Matter of John Fiocco, Jr., deceased " »

Police are investigating a Hanford, California truck accident that left two people injured. According to the Hanford Sentinel, initial reports indicate that a driver who failed to stop for a stop sign may be responsible for the big rig accident. Heliodoro Padilla was driving north in his pickup truck as he entered the intersection when the big rig carrying a two-axle trailer went through the intersection travelling west. The pick-up collided with the 18-wheeler, and Padillla and his passenger sustained major injuries. The passenger was taken to Adventist Medical Center and Ruiz was flown to Fresno for treatment at University Medical Center.

In California and throughout the country, big-rig accidents are among the most dangerous types of motor vehicle accidents. If you or a loved one has been injured in a trucking accident, it is important to contact an experienced Stockton truck accident lawyer to provide critical guidance regarding your legal rights. In many cases, you may be able to recover compensation for your injuries.

Injuries from big-rig accidents may include, but are not limited to, neck injuries, spinal cord injures, traumatic brain injuries and wrongful death.

Several different causes of truck accidents exist, and when someone is injured as a result, in many cases not only is the truck driver found liable but the trucking company may also be held responsible. Trucking companies may also be held responsible if they negligently hire a truck driver who has a poor safety record. Truck accidents may occur for the following reasons:

• Speeding in an attempt to maintain a tight delivery schedule
• Fatigue as the result of long hours with little rest
• Overloading or unsafe cargo
• Mechanical or brake failure
• Driver error/failure to follow safety rules
• Difficulty seeing other drivers or obstacles in blind spots while backing up, making turns or changing lanes.

Continue reading "Hanford Big Rig Accident Injures Two" »

A recently filed wrongful case examines the responsibility of a bar in the death of a 21-year-old Paso Robles man, Bryan Brady. In Brady v. Pappy McGregor's Pub & Grill, the parents of a man struck and killed by a train have sued the bar for negligence. In California, a wrongful death case may be filed where the careless, reckless or intentional acts of another person or corporation cause the death of another. In these situations, the families and children of the person killed may be entitled to recover damages for their loss. Although the type of compensation available varies, it may include medical costs, loss of love and companionship, funeral and burial expenses and in some instances, punitive damages. A knowledgeable California wrongful death lawyer can provide you crucial advice and help you determine your next steps.

Wrongful death lawsuits can occur in almost any area of personal injury, including car accidents, medical malpractice and workplace accidents. Here, Brady was killed after celebrating his 21st birthday at the Crooked Kilt - a downtown Paso Robles business. Byran was served drinks by the bar employees after he was drunk, violating company policy. A patron of the bar then knocked Bryan unconscious in front of the bar. Bryan allegedly remained unconscious for three to five minutes "in obvious need of medical attention." He was then reportedly carried away from the bar by unknown patrons in an unconscious state and "unable to care for himself and see to his own safety." He was later found dead on a section of train tracks behind the Crooked Kilt after being struck by a freight train.

The parents allege that the bar employees were negligent for several reasons, including serving Bryan alcohol in violation of company policy and failing to call 911 after Bryan needed medical attention. The parents also assert that a "special relationship" exists between business owners and patrons that "imposes a duty of reasonable care" to help those in need of medical attention.

Continue reading "Wrongful Death Case Filed Against Paso Robles Bar in Brady v. Pappy McGregor's " »

In a case that has garnered national attention, the Sacramento Superior Court has determined that a $14.5 million wrongful death lawsuit may proceed. At issue is a violent attack that occurred in an Oak Park group home. In 2008, a conservator made the decision to place a paranoid schizophrenic with a 20-year history of violence in the home. Months later, the man hit an employee over the head with a wooden chair, fatally injuring her. He also violently attacked the woman's husband, leaving him with serious brain injuries.

Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators.

Under California negligence law, a "duty of care" exists where an individual is required to follow a certain standard of reasonable care when acting in a way that might foreseeably harm others. Where a duty of care exists, a person or entity may be found negligent if they breach that duty of care and harm occurs. In some instances, a duty is already established by case law or statutory law.

The question of negligence is complicated and may be the foundation of many different types of personal injury and wrongful death lawsuits. From car accidents, to premises liability, to product liability - determining whether another person or entity is negligent is key to allowing you to recover for your injuries. An experienced Stockton personal injury attorney can evaluate your claim and determine your next steps.

Continue reading "Sacramento Wrongful Death Lawsuit Raises Question Of Duty In Sibarani v. Sacramento" »

According to Los Angeles News, two fatal car accidents occurred this past weekend on the dangerous Angeles Crest Highway. As of today's date, there have been 5 total fatalities on this road since it was recently reopened. If you have been injured or lost a loved one in a California car collision, contact an experienced Stockton personal injury lawyer immediately to discuss your options and protect your future.

In one instance, a woman driving a blue Honda left the road near the Coldwater Campground. It is unknown whether there were any other occupants in the vehicle. She died as the result of personal injuries sustained in the accident.

This latest fatality raises questions of safety and roadway design. The stretch of road in question - a steep winding route through the San Gabriel Mountains - has just been reopened. The road was closed for repair from January 2010 to June as the result of damage caused by heavy rain that washed debris from the surrounding hillsides. In addition to these recent incidences, three other fatal accidents have occurred on this stretch of roadway.

Often - many factors contribute to car accidents and serious injuries. Driver error, including reckless or careless conduct, including drunk or distracted driving, are often contributing factors to car accidents. However, in some cases it is the design of a roadway itself that is the cause of an accident. A roadway may be considered negligently constructed where its design fails to provide motorists enough time to react or it is unreasonably dangerous. Examples of negligent design include:

• Lack of or improper notice of changing traffic patterns
• Insufficient signage or notice of road conditions - such as dangerous turns or construction zones
• Defective barriers
• Inadequate maintenance

Continue reading "High Number Of Fatal Car Accidents On Popular California Highway Raises Safety Concerns" »

With summertime parties and carnival season in high gear, a recent article in USA Today raises an important question. How safe are carnival rides and backyard rental items such as inflatable bounce houses? The answer it turns out, depends on what state you live in. However, even in the states with the most oversight - such as California - accidents occur and injuries happen.

In these instances, it is critical to contact an experienced Stockton personal injury lawyer to determine your next steps. As the article explains, when accidents occur, they may be a result of a variety of factors, such as a safety failure by the manufacturer, errors in installation and failure to properly supervise their use.

Reports indicate that at least 50 children have been injured so far this year in amusement park rides. Last year, 2 children died in carnival accidents. Demonstrating just how dangerous inflatable rides can be, this past June a video captured a strong wind up-ending three inflatable rides, sending them into a crowd and injuring 13 people.

Potential injuries from amusement park rides and backyard inflatables include head and neck injuries, traumatic brain injuries, back injuries, broken bones and cuts and bruises. In the worst cases, dangerous rides have even resulted in wrongful deaths.

Under California law, where an accident occurs on a person's home or property, or at a place of business such as an amusement park, the injured party may bring a premises liability lawsuit. A premises liability lawsuit occurs where an owner or operator of the premises fails to keep their property in a reasonably safe condition or fails to adequately warn of dangerous conditions which the owner or operator knows about, or should have known about. In some situations it may also be possible to bring a product liability lawsuit where an accident occurs as the result of a design defect or manufacturing defect. An experienced Stockton personal injury lawyer familar with premises liability lawsuits and product liability cases would be able to evaluate the circumstances and determine the type of claims available to you.

Continue reading "Carnival Ride Accidents - How Safe Are California Carnival Rides And Backyard Bounce Houses?" »

According to the Los Angeles Times, a Stockton nursing home was fined $100,000 after a resident died. An investigation into Creekside Care Center found that inadequate care led to the death of a woman.

The investigation conducted by the California Department of Public Health found that staff at the nursing home failed to adequately treat an elderly wheel chair bound patient who mysteriously suffered a left thighbone break. The woman subsequently suffered cardio-distress and died in the emergency room.

If you have a loved one in a nursing home, and believe that they are not being treated properly, a Stockton personal injury lawyer may be able to help.

When we place our elders in nursing homes, it is often because they cannot care for themselves. We expect that they will be cared for by the nursing home staff. When staff fails to adequately care for patients - such as treating illness and injuries - or neglects or abuses patients, it is considered a form of medical negligence.

Continue reading "Stockton Nursing Home Fined $100,000 After Patient Death" »

The Los Angeles Times reports that the families of two 20-year-old patients who died last year from prescription drug overdoses have filed separate wrongful death lawsuits against a doctor accused of illegally prescribing painkillers. The medical malpractice lawsuits allege that Dr. Lisa Tseng prescribed powerful and addictive drugs to patients who later died from the medication. Tseng has been linked to ten drug deaths.

Ryan Winter of Aliso Viejo died five days after his last prescription in July 2010 and Riley Russo of Laguna Niguel died in December.

According to the lawsuits, Dr. Tseng prescribed Opana, a powerful narcotic, and Xanax to the patients with little examination or reason. She also failed to obtain a proper medical history or refer the patients to specialists. The lawsuits further allege that Tseng has earned a reputation for her willingness to prescribe narcotics knowing they will be used for recreational purposes.

Under California law - the Drug Dealer Liability Act - families may file a lawsuit against anyone in the chain of improperly obtained drugs. The lawsuit also alleges medical negligence and intentional and negligent misrepresentation.

In addition to the families' lawsuits, Tseng is also being accused of gross negligence by the Osteopathic Medical Board of California. Undercover investigators have determined that Tseng routinely prescribed large amounts of powerful drugs such as Percocet, Opana and codeine without proper examination.

Continue reading "Wrongful Death Lawsuit Filed Against California Doctor For Illegally Prescribing Drugs" »

Nearly a year after the deadly off-road accident in California's Mojave Desert, questions concerning fault and just what went wrong that fatal evening remain. Brett Sloppy - a driver of a truck that ran into the crowd of spectators killing eight - believes that the incident was an accident.

According to KCBS, Sloppy notes that the steering wheel of his truck was "ripped out of his hands" after it jumped a stretch of the track known as the "rockpile." He attributes this to an accident. Eight people died and dozens of others were injured after the truck slammed into the crowd and landed on its roof.

Questions have been raised concerning numerous different factors such as were the spectators allowed to get too close to the race? Did spectators disregard warnings? Did the U.S. Bureau of Land Management take the necessary precautions? Did race promoters follow proper protocol?

Here, several avenues of fault may exist. First, an internal investigation has shown that the Bureau of Land Management did not adequately monitor the race and failed to follow all the necessary procedures. Further, only one ranger was on patrol. Spectators crowded the course.

As Sloppy notes, "That was... the worst sight in my life and I never want to see that again." Whenever any tragedy occurs, it is important to uncover the reasons behind an accident and do what is possible to prevent a similar incident from recurring.

Continue reading "Deadly Off-Road Race Raises Questions Of Liability " »

Earlier this week aStockton big-rig accident caused havoc for thousands of commuters after an 18-wheeler carrying bales of hay overturned on a ramp, damaging the guardrail connecting Highway 4 and Highway 99.

Although the cause of the accident is unknown, preliminary reports indicate that the trucker was driving too fast on the ramp, which bends and has a posted speed limit of 45 miles per hour.

Thankfully, no one was hurt. However, whenever big rig accidents occur the potential for serious injuries and damage is great. Potential injuries include brain and head injuries, back injuries, wrongful death, cuts and lacerations, as well as severe property damage.

Continue reading "Stockton Big Rig Accident Affects Thousands Of Commuters" »

A tragic San Mateo County accident this past Thursday left one man dead, two seriously injured and three others hurt. The truck accident occurred when a pickup truck flipped over and rolled down a hill. The victims - all workers - were passengers, with some riding in the bed of the pick-up and others in the cab. The workers had contracted with the Midpeninsula Regional Open Space District to do weed abatement in the Russian Ridge Open Space Preserve in San Mateo County.

If you or a loved one has been seriously injured in an accident, it is best to consult a skilled Stockton personal injury lawyer to discuss your matter - often you may be able to obtain compensation for your injuries.

Here it is unknown who was driving the car and the company working on weed control. These issues may become important in determining fault. The accident occurred while the truck was "off-road," about 1.5 miles off of the nearest paved road. The trail the vehicle was on was unmaintained - slick and muddy due to recent rains. When the truck tried to climb the steep grassy hill, it rolled over, tossing the occupants into remote terrain.

As one California Highway Patrol officer noted, while laws prohibiting passengers in pickups don't apply off-road, "It is certainly unadvisable."

Continue reading "Pick-Up Truck Accident Leaves One Dead, 5 Injured" »

According to the Modesto Bee, two men have died as the result of a scuba diving accident at a Tuolumne County mine. Four men were diving at the old Jamestown Mine when two of them disappeared under the water. Although they were able to bring one of them to the surface, he subsequently died as the result of his injuries. The body of the other man has not yet been recovered.

Whenever tragic accidents occur, several questions of fault are raised. It is important to speak to an experienced California personal injury attorney to determine your next steps.

Here, it is unknown why the men were scuba diving at the mine. The circumstances surrounding that decision are important. Further, it is unknown whether appropriate restrictions and warnings were in place surrounding the gold mine and whether the county allowed an unreasonably dangerous condition to exist on its property. Answering these questions is crucial to maintaining a lawsuit.

Continue reading "Two California Men Die In Scuba Diving Accident " »

The recent tragic New York tour bus accident has raised questions concerning victims and their families' rights to compensation when serious personal injuries or a wrongful death occurs on a tour bus.

When a serious accident occurs it is critical to contact an experienced California personal injury attorney immediately to conduct an investigation and determine all the potential factors that may affect compensation.

In the New York bus accident, the driver had been sleeping before operating the bus, which then flipped on its side and killed 15 passengers as they returned home from a gambling trip. The accident is now being investigated by the National Transportation Safety Board. Looming questions include if fatigue played a role in the accident - witnesses indicate that the bus had veered off the road several times before crashing; if another vehicle clipped the bus, and if the company was negligent in hiring the driver based on his previous driving record.

An accident may simply be the fault of driver error. However, many times other factors contribute. For example, a tour bus company may owe a duty of care to bring its customers to and from a location safely. In order to ensure passengers safety, conducting a background check on its drivers is critical. The failure to perform adequate screening may lead to findings of fault against a company.

Continue reading "California Tour Bus Accidents - Victims Right To Compensation" »