Category Archives: Malpractice
Medical Malpractice Law: Enforceability of an Arbitration Clause
An arbitration clause is essentially a written provision within a contract that declares that any disputes between the parties involved will be settled through arbitration instead of through the courts. Most arbitration clauses are included within commercial and business contracts, but for the purposes of this article, we will focus on contracts between medical… Read More »
Nursing Home Responsible for Adenovirus Outbreak
A recent federal report regarding an outbreak at a New Jersey nursing home highlighted several disturbing failures on the part of the nursing home staff. Between 09/26/2018 and 12/11/2018, over 33 children and 1 staff member were sickened by adenovirus, ultimately resulting in the deaths of 11 of the sickened children. According to the… Read More »
Causes of Pharmaceutical Error and Malpractice
Every day, thousands of prescriptions get filled by professional pharmacists. This could be at your primary care, at a hospital or even your local drug store. While most prescriptions may be filled correctly, mistakes are unfortunately inevitable. Faulty prescriptions may have devastating and long lasting consequences. These errors may leave one with lifelong, debilitating… Read More »
Important Factors to Consider When Filing for a Medical Malpractice Claim in the State of California
If you or someone you know has been injured as a result of the carelessness of a medical practitioner or hospital, it is important to know that there may be an opportunity to seek financial compensation for the injuries sustained. As a patient in the State of California, you may have a legal right… Read More »
Medical Malpractice Cases: Identifying Medical Malpractice and the Process of Filing a Claim
If you have ever found yourself seeking medical assistance from a medical professional or hospital, it is likely that you have fully entrusted this medical staff with your well-being and health and often times, your life. You trust that this medical staff has the right knowledge, experience, and medical skills and equipment to help… Read More »
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: MINOR PATIENTS
The time limit, or statute of limitation, for a medical malpractice matter in California is typically found at Code of Civil Procedure, Section 340.5, which reads, in pertinent part: “Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under… Read More »
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: ADULT PATIENTS
This statute establishes different deadlines for adult patients and minor patients. Most interpretations of this section conclude that an adult patient generally has anywhere from one to three years to file a lawsuit. Sometimes, the adult patient’s deadline might expire 3 years after the “date of injury”; other times, it might expire 1 year… Read More »
MEDICAL MALPRACTICE STATUTE OF LIMITATIONS: THE STATUTE
In California, most medical malpractice cases are subject to the time limitations contained in Code of Civil Procedure, Section 340.5, which reads: “In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the… Read More »
Medical Malpractice: Prescription Drug Errors
When you or someone you care about is facing physical pain or other medical issues, one of the immediate actions considered will always be to seek medical attention. Being in a vulnerable state, most patients will trust their physicians to act with at least a reasonable amount of care. Although rare, some patients will… Read More »
Medical Malpractice Lawsuits: An Overview of the Statute of Limitations in the State of California
Statute of limitations is a legal term that sets a time frame on a person’s right to file a claim about particular cases. Generally, this law is utilized so that there is no unreasonable amount of time before a person takes his or her case to a designated court. In the event that a… Read More »
