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Posted on 9/3/2010Congratulations to California Injury Lawyer James Ballidis...
Posted on 9/2/2010Police make extra effort to prevent Memorial Day Weekend drunk driving...
Posted on 9/2/2010Santa Ana: Fatal Pedestrian Accident...
Posted on 9/1/2010Pedestrian Accident: Two Children In Critical Condition...
Posted on 8/31/2010Salmonella Contamination: Investigation Reveals More Safety Violations...

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Orange County Accident Lawyer Blog

Our blog posts are added regularly to our website and cover topics that are important to Southern California accident victims. Visit this page frequently to read our lawyers newest blog posts about bicycle accidents, truck accidents, car accidents, dog bites and other events that injure people throughout Orange County, Los Angeles County, San Diego County, San Bernardino County, Riverside County, Kern County and Ventura County.

Dog Bite

10/19/2009
James E. Ballidis
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Bull mastiff mauling of woman leads to lawsuit against owner and County Animal Care services

Last December a Laguna Hills woman was viciously attacked by three bullmastiffs and narrowly escaped death due to the heroic efforts of two neighbors. This week she is suing the city of Laguna Hills and the Orange County Animal Care Services for not doing enough to protect her from these known violent dogs.
According to the lawsuit, Dr. Elaine Christian was taking a walk around her mother’s neighborhood when suddenly she was mauled by three bullmastiffs, weighing between 95 to 130 pounds. If it wasn’t for a neighbor, Jim Warren, who witnessed the attack, Christian may not be here today. Warren literally threw himself over the woman to shield her from the dogs. Another neighbor who was attacked earlier as well was able to escape and call 9-1-1.
The Orange County Sheriffs were the first to arrive on the scene and had to Taser and pepper spray to control the dogs. They were later put to sleep.
Since the attack, many neighbors have come forward to tell their stories of the dogs running loose in the neighborhood, dog brawls and other more minor attacks. Orange County Animal Care Services had even quarantined one of the dogs prior to this episode for fighting.
Lawyers for the public agencies argue that they are not liable for and have no legal obligation to prevent such attacks. The law is under development in this area. City and County officials are mandated by statute to act in certain circumstances. If they are mandated to act, the agency can be held liability for failure to carry out that mandate. If on the other hand, the local and county ordinances are written in vague terms and not mandatory terms, there is no duty to act and thus no liability.
As an example, in a case we recently settled, the Municipal Code of San Clemente 6.28.010, made provisions for the definition of a “vicious dog” and set forth procedures to follow when the dog was determined to be vicious. The agency failed thereafter to follow the ordinance, and thus had liability for the incident.
Whether a claim can be made against a governmental entity is a matter for an experienced California dog bite attorney. Additionally, most cases require the victim file a written claim against the proper entity within 6 months or you are precluded from suing the entity.
Call us if you have such a claim. We can help you. Call now at 1 866 981-5596.

Labels: California dog bite lawyer California personal injury attorney California personal injury lawyer dog bite attorney

Auto and Car Accidents

4/9/2010
James E. Ballidis
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Mini Cooper driver survives 405 freeway crash with tractor-trailer

A Mini Cooper blew a tire and ended up under a big rig truck. Miraculously, no one was hurt. Underride accidents, those where a passenger vehicle travels under the trailer of an 18-wheeler, are some of the most deadly accidents on our highways. If you or a loved one is seriously injured after a California highway accident with a large commercial vehicle, contact Allen Flatt, Ballidis and Leslie. Our attorneys can help you recover damages for all your losses. Contact our Orange County office at 866-981-5596

Labels: 405 big rig accident California freeway crash California personal injury lawyer Orange County truck accident attorney pain and suffering traumatic brain injuries underride accidents

3/2/2010
James E. Ballidis
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Good sumaritan can be sued with new law change for rendering aid at scene

Good Samaritan is at risk of a lawsuit with new California law change.

Labels: California accident attorney California car crash attorney California motorcycle accident attorney California personal injury lawyer

1/13/2010
James E. Ballidis
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Drugs and auto driving are an increasing danger.

Drug impaired drivers are causing significant injury. do you need help with an accident caused by a drug impaired driver.

Labels: California accident attorney California personal injury lawyer Los Angeles auto accident attorney Orange County accident attorney

1/4/2010
James E. Ballidis
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Metrolink updating safety of travel cars in the event of an accident.

Metrolink travel cars under scrutiny for safety.

Labels: California accident attorney California personal injury attorney California personal injury lawyer California Wrongful Death lawyer

12/4/2009
James E. Ballidis
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Seat belts were not used and did not save this 10 year old!

Seat belt use saves lives from wrongful death and great tragedy in auto accidents. This family did not listen and lost their 10 year old.

Labels: California Auto accident attorney California personal injury attorney California personal injury lawyer California Wrongful Death lawyer

11/20/2009
James E. Ballidis
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Investigation leads to further evidence of toyota malfunction causing sudden acceleration and death.

Toyota continues to come under scrutiny for the sudden acceleration issues with Lexus cars. Do you know what a gas pedal pivot lever is?

Labels: California personal injury lawyer California Wrongful Death Attorney Los Angeles auto accident attorney Orange County accident attorney

10/28/2009
James E. Ballidis
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Metrolink crash into jeep goes to trial on remaining 10% of cases.

Metrolink and the victims’ lawyers have now settled 90% of the injury and wrongful deaths claims from the 2005 Glendale crash for $30 million dollars. The remaining cases will go to trial in January 2010.
The accident occurred on January 26, 2005 when a despondent Juan Manuel Alvarez parked his Jeep Cherokee on the Metrolink tracks while he attempted suicide. Before the train arrived though, he had second thoughts and ran away, but selfishly left his car on the tracks.

The train collided with the vehicle, causing it to jackknife and hit two other trains, one on either side. Originally Metrolink denied any wrongdoing since they blamed the accident on Alvarez’ jeep, but attorneys argued that the “push-pull” train operating system actually made the incident more deadly. With this system, cars in the front of the train are left unprotected and as in this case, the deaths and serious injuries happened in the first train car.

Alvarez was charged and is serving eleven consecutive life sentences; one for each of the murder victims. Additionally there were special circumstances charged and now he has no possibility of parole.

Labels: California personal injury lawyer California Wrongful Death Attorney Los Angeles Personal Injury lawyer Orange County accident attorney

10/20/2009
James E. Ballidis
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Toyota under fire again for unsafe seatbelts.

Toyota has recently been under fire for allegations of destroying and refusing to produce damaging evidence in rollover cases, as alleged by an attorney that use to represent the car maker. Now they are under the gun for making seatbelts that according to a new lawsuit, are not safe.

The Toyota Corolla is one of the top selling cars in the U.S. today, with sales over 350,000 cars last year. However, due to defective seatbelts and door latches, a product liability suit was filed in Orange County Superior Court last week.

California personal injury attorneys for Elias Chico allege that he suffered severe injuries during his head on collision. During the accident in his 2005 Toyota Corolla, Chico lost control of his car and crashed head-on into another vehicle. Even though he was wearing a seatbelt, he was ejected through the right door of his car.
Chico suffered several injuries including traumatic brain injury, fractured legs, bruised lungs, and a skull fracture. Due to his extensive injuries, he has been unable to work and has required successive operations and other medical treatment.

Lawyers for Chico claim that it would have cost Toyota only $100 per vehicle to provide safer seatbelts that would not tear on impact. Did Toyota compromise safety over profits? A jury will likely give us their response in about a year.

Labels: California personal injury attorney California personal injury lawyer Orange County accident attorney

10/16/2009
James E. Ballidis
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Tort reform requires companies to act responsibly, but as long as a company is motivated by profit, they will not. Here is another example.

A Los Angeles jury awarded four million dollars to a cinematographer injured on the job during the filming of Flight of the Phoenix. He had at all times prior to his accident been an independent contractor of Fox and Flight Productions Inc. The distinction is an important one: an independent contractor pays his own taxes, social security, retirement benefits, health insurance and self-employment tax. Corporations that employ independent contractors save huge amounts of money.

The plaintiff, Ciaran Barry, was struck by a prop, which caused him significant injury including broken legs and permanent nerve damage. He would never work as a cinematographer again.

Once the accident occurred, Fox and Flight Productions Inc. demanded that Mr. Barry be considered an employee under workers’ compensation laws. Workers’ compensation laws significantly limit the amount of recovery available to an injured worker. It is no-fault compromise system that is designed to cover workers for injury if they are injured on the job. Because it is a compromise system, without fault, the recovery amounts are strongly reduced. As an example a wrongful death case only pays $350,000 no matter how much money and how needed the worker was to the family.

In this case, a workers’ compensation case would have substantially less value. The court, and jury, properly concluded that Barry was an independent contractor given the factual evidence at trial of his independent status prior to the injury. However, this case shows us the often-overlooked side of corporations, the desire to put their interests over the injured person. To put this loss onto worker’s compensation, the company can continue to pay less for insurance, and save all the fees and liability caused by their negligent and dangerous practices.

Corporations will always attempt to mitigate their damages at the expense of injured victims, which is the reason that tort reform and limitations on liability simply do not work.

Labels: California Auto accident attorney California personal injury lawyer California Wrongful Death lawyer

10/15/2009
Suzanne Leslie
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Auto road rage causes youth to be killed on Beach Blvd. in Orange County California. Still looking for the perp. Can you help?

Road-rage is quickly becoming more common on our local Orange County freeways, and in fact, throughout California. Sadly, more people are getting injured or killed as the result.

Recently a teenage boy was fatally struck by a car causing a wrongful death after a road-rage incident. Joel Edwardo Sanchez was only 17 when he and his friends were driving down Beach Boulevard in Huntington Beach Friday night in July. Three vehicles were driving together when suddenly the occupants got into a confrontation. They eventually pulled off to the side of the road and began a physical fight. During the clash, Sanchez was either punched or pushed and ended up in the street. An unrelated vehicle that was passing by struck Sanchez. He was pronounced dead at the scene.

No arrests have been made and Huntington Beach detectives are still asking the public for more information regarding this incident. If you have any knowledge of what occurred, please call 714-375-5066. Suzanne Leslie is an attorney with Allen, Flatt, Ballidis and Leslie, serving the Orange County community since 1974.

Labels: California Auto accident attorney California personal injury lawyer California Wrongful Death Attorney

10/12/2009
James E. Ballidis
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Large companies will never have your interest in mind so do not give them power in tort reform!

The debate about health care and tort reform continues to rage on. Large companies and corporations want tort reform as a justification for reducing insurance and premium rates. In exchange for that tort reform, they promise effective administrative procedures to resolve complaints. However, as I pointed out in recent articles in workers compensation, health insurance and auto insurance they do not act in your best interest. The only way to make large corporations listen is by subjecting them to liability as you would any person violating the law or the rights of others.

As further evidence of the refusal of large corporations to adopt reasonable regulations, banks and the US Chamber of Commerce are trying to block consumer financial protection agency regulations arising from the mortgage debacle. As noted by President Obama in the White House gathering of lawmakers on October 9, 2009, the president took sharp shots at lobby interests representing banks, business groups and the Chamber of Commerce.

“They are doing what they always do, descending on Congress, using every bit of influence they have to maintain the status quo to maximize their profits at the expense of American consumers, despite the fact that recently a whole bunch of those same American consumers bailed them out as a consequence of bad decisions that they made."

Does it surprise you that big banks, the US Chamber of Commerce and other entities want little or no regulation of their behavior so that they may continue to operate at high levels of profit, while destroying the lives of so many consumers? This same lesson is learned over and over again in the debate for tort reform and business management. The simple truth is that businesses are operated for profitability, and will do only the bare minimum socially required of them even if it means they deny health coverage to those in need, sell Fraudulent marketing and mortgage schemes, deny workers much needed benefits and all the while maintaining the illusion that they are benefiting the United States, consumers and the economy.

To those that support for reform, I challenge this thought process be adopted. Allow consumers that are wronged to sue companies freely and without restriction. Encourage companies to tort reform themselves by avoiding such lawsuits through customer service, quality products and maintaining the highest level of integrity, as we would expect of any citizen of the United States.

Labels: California Auto accident attorney California personal injury lawyer Los Angeles auto accident attorney Orange County accident attorney

10/10/2009
Connie Gray
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Road Rage Facts

Road rage is a vague term that includes violent or aggressive behavior by drivers of a car or other motor vehicle.

Manifestations of road rage include

• Aggressive driving including tailgating, and sudden acceleration and braking

• Cutting others off in a lane or preventing others from merging

• Honking horns or flashing lights excessively or unnecessarily

• Rude gestures

• Verbal abuse or threats

• Intentionally causing a collision between vehicles

• Exiting the car to start a confrontation

• Throwing objects at or hitting another vehicle with an object

• Threatening to use or using a gun or other deadly weapon

• Spitting

The NHTSA estimates that road rage and aggressive driving are major factors in traffic accidents and road deaths. In California, road rage is a crime.

Earlier this week, three family members were seriously injured and their lives are at risk due to an accident caused by road rage. In this incident, the drivers were more concerned about their place on the road than about the lives of those on the road. Their senseless dispute led to tragedy.

How much of a problem is road rage in the Los Angeles area? What can you do about it?

The insurance company, Autovantage, has been conducting an annual road rage poll and has ranked the most courteous and the rudest cities for drivers. Drivers from cities in 25 metropolitan areas were surveyed.

Autoadvantage 2008 worst 5 cities for road rage

1. Miami

2. New York

3. Boston

4. Los Angeles

5. Washington, DC

Los Angeles is number 4!!!

Autoadvantage 2008 top most courteous driving cities

1. Portland, OR

2. Pittsburgh

3. Seattle

4. St. Louis

5. Dallas

The participants were asked about triggers that induce road rage.

The top triggers that induce road rage include

• Feeling rushed

• Speeding

• Being in traffic

• Observing aggressive driving behavior in others including, tailgating, not signaling, talking on a cell phone while driving, running red lights, honking and using angry or obscene gestures at other drivers.

Generally, men under the age of 19 are most prone to road rage.

How can you prevent road rage?

• Plan ahead – Leave enough time that you don’t feel rushed or angry if there are delays. Plan for delays.

• Get enough sleep – Lack of sleep makes us more prone to resentment and anger. It also makes us less attentive as drivers.

• Relax – If you find yourself tensing up, take a few deep breaths. Take a break and walk around every few hours. Try not to think of stressful situations while driving, instead listen to relaxing music or a book on CD.

• If another driver is aggressive, don’t take it personally – We all have bad days.

• Try not to react – Try not to show a physical reaction and avoid eye contact wit aggressive drivers. These reactions can be misinterpreted and can escalate a situation.

• Practice kindness – If someone lets me into the busy lane or waves me ahead at a turn, it makes my day. Treat other drivers as you would like to be treated.

• Make safety your priority.

Are you a victim of road rage? Have you or a family member been injured due to the aggressive driving of another? We can help. Contact the LA area attorneys at Allen, Flatt, Ballidis and Leslie at 888-752-7444 for a free consultation regarding your car accident injury case.

Labels: California personal injury lawyer California Wrongful Death Attorney Los Angeles auto accident attorney Los Angeles road rage injury lawyer Orange County accident attorney road rage injury

10/9/2009
James E. Ballidis
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Tort reform does not work because companies simply cannot be trusted to act responsibly!

Tort reform does not work. Read this analysis and see if you agree.

The national debate continues: do we limit the right to bring a lawsuit when companies and insurers do the wrong thing? I recently wrote of several “tort reform” failures that exist in our midst. Here is a fresh look at one of the most powerful tort reform failures we currently endure.

In a well-presented article in the Los Angeles Times by Lisa Girion, mother Hilda Sarkisyan had to bury her daughter Nataline because CIGNA refused to authorize a kidney transplant. At 17, Nataline died when Cigna, without even discussing or investigating the recommendations of Nataline’s UCLA doctors, denied coverage as experimental. “Experimental” in the experience of this California personal injury attorney is usually just another word for “we don’t want to pay for it.”

In a lawsuit filed by the family for wrongful death, a judge properly ruled that the CIGNA process of denial cannot be reviewed or challenged after the death of Nataline. ERISA, the Employee is Retirement Income Security Act, prohibits lawsuits for economic damages, even if the denial of service was purposefully negligent or wrongful, egregious or arbitrary. The only lawsuit that can be brought is for a review of the denial and reinstitution of medical treatment, if the patient is still alive. Of course, most of the time, it is too late for the patient. Nataline died nine days after the request. There is no provision for lawyer fees, and judicial review takes a long time, so cases are rarely brought.

My experience as a personal injury lawyer of 25 years, dealing with many seriously injured client insurers, is that in serious injury and medically complicated cases, almost all insurance companies routinely deny first requests for expensive procedures, without any consultation or discussion with the treating doctors. Time and again we see a denial without even an explanation, other than “experimental,” “inadequately documented,” or “not medically necessary.” Remember, the treating doctor is the best and most suited to make medical decisions, and his or her opinion should be paramount. Instead, the insurer employs some hatchet man to review these requests, and keep the purse strings closed. Almost always, our office is dealing with a decision maker that has no training in medicine or on a few occasions an employed nurse.

ERISA is tort reform! In order to give incentives to insurance companies to offer insurance nationally, the industry demanded concessions, and one concession was to limit lawsuits for improper denial of benefits. In exchange, insurance companies “promised” to set up review procedures, and to treat patients fairly. They agreed to administrative procedures built into the law to avoid litigation and the all-terrible lawyer.

These are the same promises we receive from all those who claim tort reform is the answer to the expense of insurance today. Relying on companies to do the right thing simply doesn't work. Even insiders agree that without consequences, insurers are not going to act responsibly. Wendell Potter, a CIGNA spokesperson, left CIGNA’s employ after addressing the publicity surrounding this case. He is quoted by Ms. Girion: “HMO’s and insurers are largely free to deny access to care without fear of reprisal and financial consequences.”

Tort reform promises a fair administrative process to protect the public from big business. Unfortunately, the public needs lawyers and the weapon of financial consequences to make sure insurance companies act in the best interests of those they serve.

California first party auto insurance (dealing with your insurance company in an auto accident) is an example of a system that has worked properly. In the early 80’s, first party insurance companies did little to treat their insured fairly when handling cases. Lawsuits were brought, and a number of large verdicts were entered for egregious and unfair conduct. Eventually, insurance companies cleaned up their act. As an auto accident attorney, we rarely see misconduct in the investigation and negotiation of first party insurance benefits now, because the companies were held accountable and profit is their motivation. We still have the tool of California first party insurance bad faith, but claims and filings are almost non-existent compared to the 80’s.

Nataline’s death is an unacceptable byproduct of tort reform. Until we recognize the immutable truth that businesses will act in their financial interest over that of the public no matter how much we want to believe otherwise, your fate and mine will be inexorably tied to that of Nataline, a roll of the dice, and the luck that it is someone else and not me or my family who is at the Dr. office.

Just say no to tort reform. Let capitalism thrive by making sure that those who did not act responsibly suffer the financial consequence of a lawsuit against them.

As a final note, why was this article in the Times so interesting? Even though CIGNA killed this woman’s child, they insulted her when she complained at their home office by heckling and finger flipping. Correctly, this is not a matter for ERISA. We expect everyone in society to act responsibly, and this type of conduct allows her to bring a lawsuit. Isn’t it strange that we protect Nataline’s mom from humiliation and emotional distress, but do not allow Nataline her life? We can live without tort reform.

Labels: California Auto accident attorney California personal injury lawyer California Wrongful Death lawyer Los Angeles auto accident attorney

Pedestrian Accident

1/21/2010
James E. Ballidis
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Costa Mesa Pedestrians are at risk of serious injury or death

This article notes a rising trend of serious injury or death for pedestrians in Costa Mesa, California. Who are the victims of this trend and what is being done about it.

Labels: California personal injury lawyer California Wrongful Death lawyer Costa Mesa Pedestrian accident lawyer Orange County Pedestrian accident lawyer

General

12/22/2009
James E. Ballidis
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Blinds cause massive recall due to small child strangulation potential

Small children are at risk with these blind manufacturers calling for a massive recall.

Labels: California accident attorney California personal injury attorney California personal injury lawyer

12/8/2009
James E. Ballidis
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Are California depositions really conducted as you see in the movies?

California depositions: Are you worried that someone may yell at you, like you saw on TV?

Labels: California motorcycle accident attorney California personal injury attorney California personal injury lawyer California Wrongful Death Attorney

11/23/2009
Connie Gray
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Pitbulls to be euthanized following dog bite attack

Three pitbulls that mauled a man in a Bakersfield back yard will be euthanized at the end of their 10-day quarantine period. Dog bites are a real danger and cause real injuries. If you or a loved one have sustained serious injuries from an attack by a dog, you may be eligible for compensation. We can help. Call Allen, Flatt, Ballidis and Leslie at 866-981-5596.

Labels: aggressive dog California personal injury attorney California personal injury lawyer dog attack dog bite

11/16/2009
James E. Ballidis
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This umbrella stroller is linked to fingertip amputation of children.

This umbrella stroller has the potential to amputate your toddlers fingers. Here is the information you need right away.

Labels: California personal injury attorney California personal injury lawyer Los Angeles Personal Injury lawyer Orange County accident attorney

10/28/2009
James E. Ballidis
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Robes are catching fire and causing severe injuries, recall is now in effect.

Nine women died when cooking with their robes on when it suddenly caught fire. The fire spread so quickly that the victims never had a chance to remove the garments. Finally Blair LLC has voluntarily recalled their full-length chenille robes and other chenille products due to their flammability problems.

All nine deaths occurred before the April 2009 recall but since then other injuries have taken place. Burn injuries are among some of the most painful injuries to endure. In addition to the deaths there have been many moderate to severe burn injuries.

Effective immediately, the U.S. Consumer Product Safety Commission (CPSC) is advising women to discontinue wearing these dangerously flammable garments. Blair products are mainly sold online and in catalogs, but they have a few stores as well. The recalled items include the chenille jacket, robe, lounge jacket and several tops. If you have purchased any of these products, return them to Blair to receive a $50 gift card for store credit. For further information you can visit the CPSC’s website at www.cpsc.gov.

We hope and pray for the families, and all victims should seek the assistance of a pwersonal injury or wrongful death attorney immediately. They have product liability claims. If you know someone who nmeeds to find a quaalified attorney for these types of cases, we wrote an article on how to find a qualified wrongful death attorney.

Labels: California personal injury attorney California personal injury lawyer California Wrongful Death Attorney California Wrongful Death lawyer

10/20/2009
James E. Ballidis
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Cedar Sinai in California exposed patients to excessive radiation and then kept silent.

In a damning article in the Los Angeles Times on October 14, 2009, Cedar Sinai has been accused of giving a number of patients huge and excessive radiation doses which have caused serious consequences over the last 18 months. To the 209 patients that have been exposed, there is now an investigation into why the technicians, trained to monitor the dose levels, simply allowed the exposure to continue.

This careless act will have grave implications for the 209 people, from hair loss and skin defects up through the more sad and devastating complexities of excessive radiation exposure like cancer, cell destruction and blood diseases.

In medical malpractice, there are limitations on the amount of damages that can be assessed in a case such as this. Medical malpractice provides these limitations as an effort at “tort reform.” I have long pointed out that tort reform doesn’t work, because corporations need to feel the sting and bite of improper procedures. The fact that this radiation dosage level was not checked for 18 months was indication of a lackadaisical attitude toward the care of patients, without any regard to the consequences of their future medical and personal history. For these patients to endure a lifetime of trouble because of a simple mistake like this, repeated hundred of times, is just simply intolerable.

What is worst, is that even after initial reports of hair loss by some patients, Cedar Sinai did not immediately investigate the matter, and further did not contact all of the patients until recently. Now, because of adverse publicity and administrative oversight, they are conducting the “investigation.” I’ll be curious to know how many patients continued to be improperly exposed after Cedar Sinai was first notified of the problem but before they conducted their “investigation.”

Whether it is a medical corporation or a business, they do not care about you and I, they care about profits. Just like a driver text messaging and distracted that causes injury, these entities should pay for more than the medical bills and for the lifetime of damage that they have inflicted for their negligence. Of course tort reformists will argue that the cost of insurance will rise if we remove these artificial barriers. But the reality is that these people will either be compensated by the corporation that harmed them, or the public when they turn to socialized medicine for their care. In either case, we are going to pay for it, it just seems it would be more appropriate to have the entity that was responsible pay more.

Labels: California personal injury attorney California personal injury lawyer Los Angeles Personal Injury lawyer Pedestrian accident lawyer

10/15/2009
Suzanne Leslie
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Faulty medicine pumps allow excessive medication by patients. Hospital is being investigated in California.

The California Nurses Association has filed charges with state regulators alleging use of faulty narcotic pain pumps. At least 5 patients have received accidental overdoses at the University of California, Irvine Medical Center in Orange County. To date, no patients have had lasting injuries or have died, but this unjustified at a facility such as this one.
The pump in question is a Curlin infusion model. It allows patients to regulate how much painkiller is intravenously administered by the push of a button. Typically this type of treatment is common after an accident or surgery.

The medical center admits there was a problem but says they have replaced or are phasing out all of the faulty pumps. The chief nursing officer wrote to her staff, “Our current pumps do not have software that is now available to protect patients from an error that would expose them to high levels of narcotics and potentially compromise their respiratory status. We know this and are rapidly moving forward with smart pump technology to provide you and our patients another level of protection. In the meantime, you are the last level of protection”.

Should a patient depend upon a busy nurse for their “last level of protection”? I believe a world class hospital facility should provide medical equipment that functions normally.

In May the state Department of Health fined the medical center $50,000 for two violations; in one of those cases the negligence resulted in death. Regulators are currently investigating these new claims.

Labels: California personal injury lawyer Los Angeles Personal Injury lawyer Personal Injury attorney

10/15/2009
James E. Ballidis
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A claim that paramedics did not properly care for heart attack victim is denied as California statute requires a claim be filed within 6 months.

An Orange County woman, Christine Palmer has filed a claim against the city of Huntington Beach for negligence of the paramedics during an emergency.

The incident happened last year when Mrs. Palmer called 9-1-1 when her husband was experiencing extreme chest pain, labored breathing and numbness in his arm. Even though these were typical heart attack symptoms, the paramedics did not suspect a heart attack. Her husband was transported to the local hospital in an ambulance and without a paramedic. Should they have suspected heart failure or other similar maladies?
During the drive Mr. Palmer went into a grand mal seizure and had no pulse when he arrived at the hospital. The hospital ER team tried to revive him but could not.

Huntington Beach officials are currently investigating this case but Mrs. Palmer‘s attorney filed the claim two months past the 6 month city deadline. It is unclear whether the claim will proceed forward, because you must file a claim against a public entity, even if medical negligence cases, within 6 months, except in certain circumstances.
If you have been injured in an accident and feel some governmental agency is at fault, please contact a qualified and experienced California personal injury attorney immediately. You may be precluded from pursuing your claim if you wait.

Call us, we would be happy to speak to you for free. Call 1 866 981-5596 or contact us via email. We can help.

Labels: California personal injury attorney California personal injury lawyer California Wrongful Death Attorney California Wrongful Death lawyer

Southern California Injury Law Blog

Medication Errors In California Nursing Homes: Orange County Injury Attorney Recommends Written Medical Directive

Date: 09/03/2010

Last week an Orange County jury awarded $3.1 million to a woman who suffered a medication overdose at a skilled nursing home that left her brain damaged. Barbara Lefforge, only 57 years old was sent to St. Edna’s center for rehabilitation after a tendon repair surgery. She had only been there 5 ½ hours when the medication error occurred, explained an Orange County injury attorney.

According to court records, after her surgery her doctor recommended that she stay at St. Edna’s skilled nursing facility until she recuperated. She was mistakenly given 50mg of morphine instead of 50mg of Demerol. Since this was such an excessive dose, Lefforge’s attorney argued that medical personnel should have questioned that dosage order. Moreover the staff pharmacist even warned that the dosage was too high, but Lefforge’s doctor had doubled it, so she was given that quantity of medication.

Lefforge was left unmonitored until the next morning when she was found barely breathing due to the medication error. She had suffered from a major overdose of morphine. After being taken to the hospital, it was established that she had suffered a brain injury from the excessive morphine dose.

St. Edna Rehabilitation Center is one of 25 California rehab facilities owned by Covenant Care. Since 2004, they have accepted more than $880 million in additional compensation from the state for increased wages and staffing. According to the non-profit group, “California Watch”, it found that many Covenant Care facilities actually reduced their staff and let nursing ratios go below state standards during this time.

Tragically this is not an isolated case. Nearly one in five dosing orders of all nursing homes and hospitals has medication errors. These odds are unacceptable. In many cases, these patients are there for short stays while rehabilitating, not lifelong residents. It is for this reason that every citizen should have an up-to-date medical directive.

Only about 20% of Americans have a medical directive document; however, explained an Orange County injury attorney, it is one of the most important documents a person can have. The Advanced Health Care Directive is the best way to make known your health care wishes if you are incapacitated and can’t communicate your wishes.

Unfortunately, just telling your wishes to your husband or wife does not automatically ensure that they will be honored. Here in California, the law gives you two options for your directive: you can either appoint another person who can make the decisions for you or you can make your desires known through writing your own advanced directive. Either way, it’s important to meet with a professional lawyer to discuss your legal options.

If you have a loved one in any type of nursing facility, it would be wise to double-check that their medical directive matches the instructions that the staff has. If you have any questions or concerns regarding a nursing home in California, visit www.nursinghomeguide.org/ for a complete listing by city or county of local elder facilities and their violations, staffing policies, and complaints.

James Ballidis is an Orange County injury attorney specializing in injury claims arising from medical malpractice and medication errors, subjects on which he has written extensively. To request a copy of one of his articles or to discuss your rights and options after an accident, feel free to call 866-981-5596.

Defective Spray Nozzles At Southland Gas Stations

Date: 09/03/2010

High prices at the pump, warns an Orange County injury lawyer, are not the only thing California residents should be concerned about at Southland gas stations: in the past few months, defective spray nozzles have caused several injuries throughout the state, including one serious enough to require hospitalization.

The state fire marshal is warning all California residents to the possible spray hazard of the VST made nozzle and has issued a directive to thousands of service station operators to remove the 30,000 “open hold” latches that are in question. These latches are convenient due to the fact that you can go wash your windows at the same time the latch allows the pump to run without you holding it. This will affect approximately one-third of all California service stations.

Just last month there were accidents here in Orange County as well, in both Huntington Beach and Santa Ana, according to an Orange County injury lawyer. In fact half of all the incidences have been in Southland. The accidents are under investigation and the latches are being removed as a safety precaution until the results of an inquiry into the defective spray nozzles.

The California state fire marshal cited that this is “a hazard to the public and welfare”. Besides the obvious safety issues of gasoline that is being spraying onto your face and eyes, there is a real fire danger as well. Most Service station owner, obviously concerned for the customer’s safety and possible liability issue, are removing the latches immediately.

Daniel Berlant from the Department of Forestry and Fire Protection is setting up mandates for Service station owners to be complied with by Oct 15, 2010 They have the option to:
• Possibly revert back to employee pumping only
• Removing the convenience of paying at the pump, going inside to pay
• Remove all latches from the VST nozzles

One additional warning is to never put another object like a bottle or can to hold the nozzle in your tank. This could unfortunately cause the same problem.

Currently the deadline to remove all of the latches is required by October 15th. If you still encounter a gas station that has not removed the latch, an Orange County injury lawyer advises that you utilize these safety precautions to avoid an injury.

Since most accident are occurring once you have picked up the nozzle and then push your selection for type of fuel, experts are suggesting that you put the nozzle into the tank hole before you select the grade of gasoline. This will prevent most of the spray accidents. However, if the latch is still attached to the nozzle, there is still some danger of getting sprayed when you remove it. To be on the safe side for now, try to use only nozzle pumps with no latches attached.

After Oct. 15th, gas stations that have not complied with this order will be shut down.

James Ballidis is an Orange County injury lawyer specializing in injury claims arising from accidents resulting from defective products and manufacturer negligence. He has written numerous articles on subjects relevant to personal injury law. To request a copy of one of his books or articles, or to discuss a specific case, feel free to call 866-981-5596.

Brake Failure Suspected Cause Of Fatal Truck Accident

Date: 09/02/2010

A family of three was killed recently when a runaway truck smashed into their home in central California. The truck driver was driving along state highway 154 in Santa Barbara and while merging his truck onto State Street, his brakes suddenly failed. He then proceeded to hit several parked cars and go over an embankment and finally hit the occupied home that had a young family living there, explains a California injury lawyer.

As the California Highway Patrol crash investigation team tries to reconstruct this accident, they did comment that alcohol was not a factor but that brake failure is suspected. The driver admitted that that the brakes were not working correctly when he picked up his load in Santa Ynez. The driver attempted to use all brake resources available; both hand and foot brakes but nothing could stop this truck.

Although many truck accident fatalities are caused by driver fatigue, a recent Department of Transportation (DOT) report found that 29.4% of large truck crashes occur due to brake failure. Another common truck accident cause is tire blowout due to worn tires or trucks not loaded properly.

When brakes malfunction and the driver’s behavior causes serious personal injury or in this case, wrongful death, who do you blame? Should the driver have fixed the issue instead of proceeding with his schedule? Was there a mechanical problem? Had maintenance been overlooked due to budget cut-backs and busy schedules? Was the mandatory brake pre-brake inspection performed?

Hiring the right California injury lawyer for counsel is advisable when you are struggling with specific truck industry issues and laws.

The trucking industry is a powerful organization; generating revenues of $610 billion per year, a figure that is set to double by 2015. Commercial trucking is here to stay but that means more cars must share the nation’s roads with even more trucks. Currently, one in eight traffic fatalities involve a trucking collision.

California is second only to Texas—which has the highest rate—in the number of truck fatalities that occur in the state each year. Investigations reveal that the primary causes of most truck accidents are fatigue and lack of sleep. In fact another runaway truck crash occurred in Northern California earlier this month and killed an innocent man. The CHP is still investigating with The Department of Transportation, DOT. Currently, they are investigating around 20 similar cases.

Clearly this is a situation that is not going away and needs to be resolved before more innocent people are tragically killed. Our thoughts and prayers are with the surviving relatives of these truck fatalities.

James Ballidis is a California injury lawyer specializing in truck accidents. He has written numerous articles on trucking accidents. To request a copy of one of his articles or to discuss a specific case, feel free to call 866-981-5596.