Author Archives: William Bibb
CEREBRAL PALSY AND CALIFORNIA LAWYERS
Cerebral palsy (CP) is a movement disorder that affects coordination. CP is the most common motor disability in children. CP may or may not result in intellectual impairments. CP is caused by abnormal brain development or damage to the developing brain that affects a person’s ability to control his movements. “Palsy” means weakness or… Read More »
WHAT IS “INFORMED CONSENT”?
The patient must receive “sufficient information to make a meaningful decision” about their healthcare (Cobbs v. Grant (1972) 8 Cal.3d 299). When a doctor recommends a particular procedure, then he or she must disclose to their patient all material information necessary to the decision to undergo the procedure, including a reasonable explanation of the… Read More »
WHAT MAKES SCREENING & INVESTIGATION OF MEDICAL MALPRACTICE CASES SO DIFFICULT?
WHAT MAKES SCREENING & INVESTIGATION OF MEDICAL MALPRACTICE CASES SO DIFFICULT? Answer: The complexity of these cases, the cost of preparing and litigating these cases, the high risk of no recovery, and the clients’ personal attachment to the case. Generally, the first steps include gathering relevant information and all medical records, conduct appropriate… Read More »
Mass Torts
A mass tort is an act or omission that harms numerous people. Examples are explosions, commercial plane crashes, water contamination due to toxic waste or pollution from industrial factories. Mass torts are not single cases, but rather, groupings of individual lawsuits alleging the same issues against the same defendant. Federal courts use multidistrict litigation… Read More »
MICRA DOES NOT APPLY TO A WRONGFUL DEATH CAUSED BY ELDER ABUSE
On May 23, 2022, Governor Gavin Newsom signed AB35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The new legislation makes significant changes to the Medical Injury Compensation Reform Act (MICRA). MICRA’s cap on non-economic damages for wrongful death has been raised from $250,000.00 to $500,000.00, but if… Read More »
ACCESS TO MEDICAL RECORDS IN CALIFORNIA NURSING HOMES IS A RIGHT
Are you having difficulty getting your records from a nursing home? The patient and/or his/her relatives, in appropriate situations, have rights to inspect and copy their nursing home records. Knowing these rights will help you obtain the medical records. Residents of nursing homes have the right to inspect their medical records within 24 hours… Read More »
What is the Discovery Rule?
The discovery rule is a type of equitable tolling of the statute of limitations. If plaintiff did not know of facts that would have caused a reasonable person to suspect that he or she had suffered harm that was caused by someone else’s wrongful conduct; or a reasonable (good faith) investigation would not have… Read More »
MICRA DOES NOT APPLY TO A WRONGFUL DEATH CAUSED BY ELDER ABUSE
On May 23, 2022, Governor Gavin Newsom signed AB35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The new legislation makes significant changes to the Medical Injury Compensation Reform Act (MICRA). MICRA’s cap on non-economic damages for wrongful death has been raised from $250,000.00 to $500,000.00, but if… Read More »
Questions To Ask Before You Hire A Personal Injury Attorney
When considering filing a personal injury claim, it is important for prospective clients to select an appropriate attorney. Doing this typically involves asking various questions to determine the lawyer’s costs, experience, and likely commitment levels, which can help manage client expectations. Discover the questions to ask before you hire a personal injury attorney and… Read More »
MASS TORTS – WHAT’S THAT?
According to Wikipedia, the definition of a mass tort is: “A mass tort is a civil action involving numerous plaintiffs against one or a few defendants in state or federal court. The lawsuits arise out of the defendants causing numerous injuries through the same or similar act of harm. . .” In most cases,… Read More »
