San Diego Personal Injury Attorney Blog

Lawsuit says epilepsy drug caused birth injuries

2013-05-16T01:58:00Z

Women may be concerned about taking their usual medications during pregnancy. On one hand, medication may be necessary to treat and control diseases such as multiple sclerosis, high blood pressure, pulmonary problems, or epilepsy. On the other hand, no mother wants to expose her unborn baby to possible fetal risks or a birth defect from toxic medication. Accordingly, pregnant women rely on drug companies to fully test medication prior to approving it for use during gestation.

Recently, 36 individuals filed a lawsuit against the maker of an epilepsy drug known as valproic acid. The plaintiffs allege that the drug was unsafe for their mothers to take during pregnancy, and as a result they each suffered a long term birth injury. Some of the injuries reported include heart defects, limb deformities, neural tube deficiencies, and spina bifida, allegedly caused when the mothers ingested the drug during the first three months of their pregnancies.

]]> The drug maker may argue that it was unaware that the drug caused birth defects, or that testing was inconclusive. The plaintiffs believe that the manufacturer knew, or should have known, of its devastating effects on growing babies. Their lawsuit seeks damages for a number of harms, including medical expenses, permanent disabilities, loss of long-term earnings, and pain and suffering. Birth injuries can cause lifelong challenges for a child and his or her parents. Families in San Diego who believe that they did not receive proper medical care or advice during a pregnancy or birth may wish to discuss their concerns with experienced legal counsel.

Source: Source: The Madison-St. Clair Record, “Three dozen plaintiffs file another suit over Depakote; Cases mounting in So. District of Illinois,” Bethany Krajelis, May 2, 2013

Failure to diagnose medical problems widespread

2013-05-06T18:02:04Z

When people do not feel well, they turn to their doctor for advice. Patients trust that their doctor will listen to their list of symptoms and suggest tests or a referral to a specialist to further explore the problem. Moreover, patients expect that their doctors will accurately read test results in order to diagnose and properly treat their ailments. Recent studies, however, suggest that this trust in doctors may be misplaced. Failure to diagnose a problem is more widespread than people realize.

Patients may not realize that time has passed between a missed diagnosis and the discovery of illness; they might think that a medical problem is new, when actually, it has been there all along. A growing mountain of evidence suggests that a missed diagnosis is actually one of the most common types of medical errors, happening more frequently than surgical mishaps. In fact, it is estimated that over the last 25 years, 80,000 to 160,000 Americans have been injured or died from a failure to properly diagnose an injury or illness.

]]> Individuals who have suffered a worsened medical condition after a doctor failed to accurately and quickly diagnose a medical problem should realize that this might be considered medical malpractice. The medical community needs to be held accountable when they do not correctly perform their job. Accordingly, patients who have suffered unnecessarily may wish to consult with an experienced attorney. The attorney can review the medical information to determine whether a doctor acted wrongfully which could result in a legal claim for compensation.

Source: Huffington Post, “Diagnostic Errors More Common In Medical Malpractice Claims Than Surgical, Medication Errors: Study,” April 24, 2013

San Diego pit bull attacks dog and owners

2013-05-04T20:20:24Z

People who are bit by dogs may have mixed feelings about the incident. Many are dog lovers and do not want to see the attacking animal euthanized. Other people believe that once a dog has bitten a person or other canine, it is vicious and cannot be trusted again. Certainly, a second dog attack by the same animal is much harder to justify.

San Diego County gives some dangerous dogs a second chance, provided the owner takes out a $100,000 insurance policy and follows a number of other rules. By way of example, Blue, a local pit bull, caused a dog bite injury in 2010. Despite efforts to keep Blue restrained, Blue's owner was unable to stop the dog from biting again, and he recently tore through a fence to attack a German shepherd. Blue's jaws were squeezed so tightly around the shepherd's neck that Blue's owner was forced to whack him numerous times with a metal pole.

]]> The bloody scene resulted in several dog bite injuries; quite a few to the shepherd's neck and one to the hand of the German shepherd's owner. Even Blue's owner was covered in gashes and lacerations. The pit bull was not given a third chance and instead was put to sleep.

Individuals who have suffered a dog bite injury may have incurred medical expenses and veterinarian bills from the frightening incident. In such a case, it may be a good idea to speak with a personal injury attorney to discuss the details of the attack and all possible legal remedies.

Source: San Diego 6 News, "Pit Bull Escapes and Attacks Dog in Ocean Beach," April 10, 2013

San Diego tries to reduce pedestrian accidents

2013-04-23T16:17:39Z

Californians may not be aware that April has been designated National Distracted Driving Awareness month. In an effort to reduce the chances of a pedestrian accident and resulting injuries, the San Diego police department reminds drivers of common violations that give rise to a citation. These actions can also lead to civil liability in court if a pedestrian files a lawsuit against the driver who caused the accident.

• Turning right on a green light. Drivers turning right must yield the right of way to a pedestrian in a crosswalk unless there is ample time to make the turn. It is not permissible to force a pedestrian to stop midway through the crosswalk to wait for a turning car.

]]> • Neglecting to stop at a red light. Many pedestrian accidents occur when a driver races through a red light at an intersection. If even the rear of the car passes the painted line after the light has changed, it is a violation. Other no-no's include turning right on a red light where prohibited by a sign or red arrow.

• Distracted driving. A recent study in San Diego determined that over half of drivers surveyed admit to speaking on a cell phone while driving. This month, police are increasing enforcement of the distracted driving laws, and they will be ticketing drivers who are not paying attention to the road.

Pedestrians who are attempting to cross the street when they are hit by an inattentive or aggressive driver can be knocked down causing broken bones or other trauma. In such a situation, it is a good idea for the injured person to make an appointment with an experienced attorney who can provide legal assistance and advice.

Source: La Jolla Light, "Motorists vs. Pedestrians: La Jolla Survey says distracted driving is chief cause of accidents," Ashley Mackin, April 17, 2013

Prostate Cancer Missed Diagnosis Can Have Fatal Results in Escondido and Across North County San Diego

2013-04-18T04:30:13Z

Active prostate cancer testing usually starts near the age of 50 for most men. Testing involves a physical examination by a doctor, and a blood test that measures the PSA ( Prostate Specific Antigen ). Monitoring changes in either the patient's physical condition or elevations in the PSA is crucial to identify the onset of prostate cancer, and to provide the greatest opportunity to successfully treat it. If a doctor or medical professional is negligent in following up specific symptoms or conducting ongoing or more invasive testing once symptoms have been identified it can result in a valid claim for medical malpractice. Early warning signs can include enlargement of the prostate, elevations in PSA (from baseline), If you have or a loved one have developed prostate cancer and believe that medical professionals in Escondido or North County may have been negligent in either diagnosis or treatment we invite you to contact our office for a confidential and complimentary consultation.

Medical providers ignore alarms leading to patient harm

2013-04-15T20:53:09Z

Patients in hospitals often find themselves hooked up to various machines which monitor vital signs, including heart rate, oxygen, and blood pressure. If the body begins to fail in any of these categories, the machine senses the problem and sounds an alarm. At that time, medical staff is alerted to the concern, and in a perfect situation, they rush to the patient's bedside to resolve the crisis. A new study put forth by the Joint Commission, a hospital and healthcare accreditation body, has found that medical personnel in California and around the United States are desensitized to the constant sounds of beeps. By ignoring the alarms, they are putting patients at risk of a medical mistake.

It is unclear how many instances of serious injury and death could have been prevented by closer monitoring of alarm systems, but reports indicate that the number hovers at an average of 24 deaths per year. The exact figure is difficult to determine because providers do not always link the eventual harm to the initial failure to respond to the monitor. However, there is no question that in addition to patient deaths, "alarm fatigue," causes patient falls, injuries, and medicine mistakes.

]]> The Commission suggests that the sounds from the machines are easy to confuse. There is not a standard sound for a heart, oxygen, or other emergency. Personnel in hospitals might assume that incessant beeping signifies only a broken machine which could lead to a failure to treat a serious problem. Individuals who have suffered a worsened injury in the hospital that could have been prevented by a prompt response to an alarm may wish to discuss the matter with experienced counsel to learn of available rights and remedies.

Source: Yahoo News, "Hospital group says 'alarm fatigue' can be deadly," Lindsey Tanner, April 8, 2013

Early Breast Cancer Diagnosis In Oceanside and North County San Diego

2013-04-09T14:46:34Z

The medical community in Oceanside and throughout North County, as well as the general public have been made aware of the importance of early detection and effective treatment of breast cancer and the risks of a missed breast cancer diagnosis. Finding evidence of breast cancer early and acting upon that diagnosis makes a substantial difference in the outcome of a woman's life. If there are errors in the process, a lack of communication between medical professionals, or negligence on the part of a doctor or technician the results can be life threatening and in some cases fatal, known as a wrongful death. Missing or delaying breast cancer diagnosis can result in more aggressive and painful treatments, loss of wages and unexpected medical costs or worse. If you believe there has been an issue in the diagnosis or treatment of your breast cancer, or that of a loved one, we invite you to contact our office for a complimentary consultation to review your experience and the facts of your unique situation.

Pit bulls attack three elderly individuals in California

2013-04-08T19:32:13Z

Pit bulls are one breed of dog on which people cannot seem to agree. Adoring pit bull owners swear that the animals are docile and gentle provided they have received proper training. Critics argue that statistics consistently find pit bulls to be the breed most often responsible for a dog attack. The debate continues to rage in Riverside County, California where officials are discussing an ordinance which would force all pit bulls owners to sterilize their dog; the idea is to reduce the numbers of pit bulls in the county.

Controlling the pit bull population became more of a concern after three elderly women were attacked in separate area incidents this year. In January, an 84-year old woman was the victim of a serious dog bite injury when two pit bulls came after her in her neighborhood. Approximately three weeks later, a 91-year old woman at a hotel suffered a fatal injury after two pit bulls leaped on her. Last month, a pit bull bit a 76-year old woman who was out for a stroll, causing the woman to suffer a major injury.

]]> Pit bull jaws are extremely strong, and a dog bite can cause a devastating injury. Victims suffer great pain, together with a risk of scarring and disfigurement. Often, the medical expenses necessary to treat a dog bite injury can soar into many thousands of dollars to cover a hospital stay and reconstructive surgery. Individuals who have been attacked by a bit bull or other animal may wish to consult with experienced legal counsel to discuss possible claims and appropriate compensation.

Source: The Press-Enterprise, "Pit Bulls: Riverside County officials want required spaying, neutering," Jeff Horseman, April 4, 2013

Recovering from the Physical Scars of a Dog Attack in Oceanside CA

2013-04-07T18:31:14Z

Dog bites and attacks often result in "tearing" wounds that leave severe and permanent scarring. In many cases, a child has reached down to pet or interact with a dog, and a quick snap results in scarring on the face. There are medical strategies to help reduce the appearance of and severity of a scar over time. As experienced injury and dog bite attorneys, it is important to understand not only the costs associated with the initial medical treatment, but also the future treatments and surgeries that may be necessary to reduce or eliminate scarring. We work to ensure that our clients receive a settlement that reflects the short and long term treatments and costs so that there is every opportunity to significantly reduce or eliminate the physical scars of a dog bite.

Would Riverside's pit bull-neuter proposal cut down on dog bites?

2013-04-05T23:07:27Z

The Riverside County Department of Animal Services would like to the county's board of supervisors to authorize a spay-and-neuter ordinance that would require the owners of pit bulls and pit bull mixes in unincorporated areas of the county to sterilize their dogs. The goal, in response to recent stories of people sustaining devastating dog bites, is to cut down on the chance that the large, muscular dogs will hurt others.

But would that actually help? Pit bulls, of course, are in the news a lot. Many people believe they are more dangerous than other dogs, and Farmers Insurance announced in February that it will no longer provide dog bite riders on homeowners insurance for people who own pit bulls, Rottweilers or wolf hybrids, because these large dogs cause more serious damage when they bite, even if they don't bite more often than smaller dogs.

Two recent dog attacks caught the attention of Riverside County officials. In January, an 84-year-old woman in Jurupa Valley was attacked by two pit bulls when she was out getting her mail. In February, a pair of pit bulls attacked a 91-year-old woman from Desert Hot Springs, who did not survive the attack.

]]> "The feeling that we are getting from the county leaders is, enough's enough," said a Department spokesperson. "They get upset ---- especially when an 84-year-old grandma gets mauled by two pit bulls."

Opponents of the measure point out that it's not the dogs themselves but irresponsible owners who are the problem. Pit bulls make up a disproportionate number of dogs in shelters, and evidence owners of pit bulls are apparently less likely than other dog owners to sterilize their animals. As the Department spokesperson pointed out, 80 percent of stray pit bulls they pick up are unsterilized.

Pit bulls aren't naturally more aggressive than other dogs, studies have shown. In fact, California state law actually prohibits breed-specific ordinances, except those pertaining to sterilization. However, the sense that they are "tough" may contribute to their popularity among people who are more likely to train them poorly -- or worse, train them for fighting.

One Riverside County supervisor, who represents a large unincorporated area, will be focusing on the facts. "I'm going to be asking animal control to produce some stats that affirm pit bulls are unique, and uniquely dangerous compared to other dogs, to justify that government intervention is necessary," he told reporters.

"I'm always a little leery about government coming to the rescue. If they can justify it, so be it," he added. "But if they just don't like pit bulls, well, that's not enough."

Source: San Diego Union-Tribune, "Mandatory sterilization for pit bulls?" David Downey, April 5, 2013

Dog bites in Encinitas and North County San Diego leave more than physical scarring

2013-04-05T04:20:06Z

A dog bite or attack can result in a serious physical injury with permanent scarring. However, the physical injuries are only one component of recovering from a dog bite or vicious attack. The psychological impact is often diagnosed as a post traumatic stress event, resulting in loss of "security" and an inability to cope with normal social environments such as a visit to the beach or a trip to the grocery. Dog bite victims can become insecure - constantly scanning for potential sources of unexpected danger. This has a substantial impact on enjoyment and quality of life.

Physical scarring, especially on the face, chest and legs can result in a loss of self esteem, especially in children and young women. As experienced Encinitas and North County dog bite and injury attorneys we understand the importance of providing for future counseling and emotional support for our clients. We will pursue a settlement that addresses not only the medical costs, but provides for future needed medical care including therapy and counseling. It is important to consider all of what has happened and work to build a plan of recovery that will return the child or dog bite victim to full health.

Dental malpractice in San Marcos CA and North County San Diego

2013-04-03T13:17:07Z

There have been recent developments in dental malpractice associated with pediatric dental practices that use gimmicks or fun environments while providing sub-standard care to their patients. In many states (including California) clinics have targeted specific socio-economic communities with seemingly kid-friendly strategies from video games to dressing up in costumes. The clinics in question may provide services to be billed to Medi-Cal for treatment that was different than the treatment proposed or which was not provided. On occasion, the treatment provided may be below the required standard of care for San Marcos or San Diego residents. If you are concerned about your child's dental care, and feel that their dentist or dental clinic has failed to provide the care and treatment your child needs, or have concerns about billing practices we invite you to contact our offices for a free consultation. As experienced dental malpractice attorneys we can review the unique circumstances of your child's care and if dental malpractice has occurred, we will help to make things right.

1 killed, 5 injured when vehicle crashes into LA-area bakery

2013-03-29T23:21:59Z

A man was grabbing a cup of coffee at a Glendale bakery on Thursday when a vehicle suddenly crashed into the bakery he was patronizing, police say. According to reports the man was trapped beneath the vehicle and could not be rescued. He was pronounced dead at the scene.

Five other people were injured in the fatal accident, but it has not been reported what injuries they suffered or how seriously they were injured. One, at least, had to be taken to a local hospital, according to a spokesperson for the Glendale Fire Department.

]]> The driver of the vehicle was uninjured. She was described by a spokesperson for the Glendale Police as a woman in her 60s, but no information was provided to reporters about the cause of the fatal crash -- or even what type of vehicle she had been driving. Apparently, reporters did not reach the scene until much of the wreckage, including the vehicle, had been cleared away.

The fatal crash occurred at Oledina's Cake Factory, a bakery located on the 1100 block of East Broadway in Glendale.

With so little information, it is impossible to know what could have caused the shocking accident. It is as yet unknown whether the woman was distracted, had a medical issue, experienced a problem with the vehicle or was driving drunk. At last report, the accident was still under investigation.

Whenever a fatal accident occurs, it is a tragedy. When that accident was caused by another party's negligence, recklessness or wrongdoing, however, it is considered wrongful death. It remains to be seen whether the people affected by this unusual car crash have such a claim. Our hearts go out to all those affected by the tragedy.

Source: Los Angeles Times, "Man getting coffee killed when car crashes into Glendale bakery," Veronica Rocha, March 28, 2013

Missing the diagnosis of cancer in Encinitas CA

2013-03-28T04:18:05Z

The early and accurate diagnosis of cancer can have a significant impact on the outcome of a patient's life. Timeliness in correctly identifying the specific form of cancer and implementing the best treatment possible can make all the difference between a successful recovery, remission of the cancer, or a wrongful death. If a doctor, radiologist or facility has missed a diagnosis due to negligence citizens of Encinitas and North County may have a valid medical malpractice claim. A bad outcome isn't usually the result of negligence or malpractice, but even the best medical practitioners can have a bad day. If you are concerned about what has happened in your own case or that of a loved one we invite you to contact for a free consultation to discuss what has happened, and how we can help.

Group says to cut planned C-sections despite birth injury risk

2013-03-22T22:44:03Z

In the U.S., and estimated 2.5 percent of all births occur by cesarean section at the mother's request and for no medical reason. Many women fear the pain of labor, while others are concerned that vaginal birth will cause incontinence or problems with sexual functioning. When a C-section isn't medically recommended, however, it can have some risks. On the other hand, vaginal birth carries risks, too, particularly of birth injury. So what should expectant mothers do?

In advance of the upcoming issue of Obstetrics & Gynecology, a committee of the American College of Obstetricians and Gynecologists hopes to answer that question. The group released a statement urging obstetricians to be more effective at recommending vaginal birth to their patients.

"Given the balance of risks and benefits, the [committee] believes that in the absence of maternal or fetal indications for cesarean delivery, a plan for vaginal delivery is safe and appropriate and should be recommended to patients," the statement reads.

]]> There hasn't been much research done on the risks and benefits of C-sections versus vaginal birth, however so the issue must be considered seriously by individual mothers-to-be and their doctors. Both do carry risks of both maternal and fetal injury, so here's a rundown of what science currently says are the risks benefits of each:

Planned C-sections
Baby Mother

Vaginal births
Baby Mother

Lower risk of:

Fetal mortality

Infection

Intracranial hemorrhage

Birth injury

Neonatal respiratory morbidity

Lower risk of:

Hemorrhage

Need for blood transfusions

Surgical complications than unplanned C-sections

Urinary incontinence (short-term)

Lower risk of:

Surgical complications

Surgery-specific injuries

Shorter hospital stay and recovery

Lower risk of:

Uterine rupture, bowel or bladder injuries

Infection

Complications or placental implantation issues in future pregnancies

The group particularly called out the fact that there is little evidence that C-sections prevent any of the problems most feared by expectant mothers. No differences were observed between the risk of postpartum pain, sexual dysfunction, anorectal dysfunction, organ prolapsed, postpartum depression, later stillbirths or maternal mortality.

However, C-sections -- especially multiple C-section births -- do expose women to a greater risk that a hysterectomy will be needed.

The type of birth you choose should be up to you. That said, you should carefully consider the best evidence about risks and benefits with your doctor before making any decision.

Source: MedPage Today, "ACOG Advises Against Planned Cesareans," Todd Neale, reviewed by Zalman S. Agus, MD, March 22, 2013