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August 2016 Archives

3 toddlers die in fatal accident; parents get a gift of love

California can lay claim to one of the more unique accident stories in recent times. It started off with a horrendous tragedy that unfortunately occurs daily in this state and nationwide. A mother was in her minivan sitting in backed-up traffic on an Orange County highway when a heavily weighed down industrial rig barreled into them going 55 mph. Her three children, two girls and a boy, ages 2, 4 and 5, died as a result of the fatal accident.

Lawsuit: Failure to diagnose sepsis causes 3 amputations

The failure to properly determine a patient's medical condition is very often the leading reason behind a medical malpractice claim in California and other states. Such claims may be characterized as a failure to diagnose or as a misdiagnosis. When medical care is provided that misses the mark and is not relevant to the patient's actual condition, or when care is totally omitted due to the failure to diagnose, the table may be set for a claim of medical malpractice.

Crosswalk accident fatality leads to $9.5 million jury verdict

A municipality or state agency can be responsible for paying damages to victims who died or were seriously injured due to road conditions that the government unit should have corrected or repaired. That was essentially what happened in a recent jury verdict that awarded the family of a deceased 62-year-old man $9.5 million in damages against the California Department of Transportation (Caltrans) in connection with a fatal crosswalk accident. The award came after a two-week jury trial brought by the family in San Mateo County Superior Court.

Wrongful death claims likely from fatal crash in Folsom

One of the most common scenarios for a car accident in California and elsewhere is the crossover accident. One driver crosses over the yellow line or the median strip and crashes into traffic coming in the other direction. When one or more innocent victims die in the accident, the driver who crossed the yellow line will almost always be liable in a wrongful death claim to the estate of each deceased victim that makes a claim.

Medical malpractice claim settles for compromise of $925,000

Sometimes a defendant doctor will argue that the patient's condition was so severe and critical that nothing could have been done realistically to save that patient. The argument will have to survive the scrutiny of the plaintiff's expert witnesses in order to do the defendant any good. Ultimately, where the parties don't settle, the decision regarding whether the patient's condition was hopeless will be decided by the jury pursuant to California law. If the jury believes the plaintiff's evidence, it will reject the defendant's argument that nothing could be done and will conclude that medical malpractice occurred.