Category Archives: Personal Injury
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 »
California’s Good Samaritan Law – The Costco Gas Station Case
Twelve years ago (12!!) I wrote a blog on this site discussing California’s Good Samaritan Law and Liability for Rendering Emergency Care. We’ve also discussed it on our blog here and here. This law was recently in the spotlight in a new case, Valdez v. Costco Wholesale Corp. (2022) 2022 Cal. App. LEXIS 952…. Read More »
VISIBLE SIGNS OF INJURY
One component of any personal injury case is “general damages”, which is more commonly known as “pain and suffering”. According to the Judicial Council of California Civil Jury Instructions, a plaintiff may make a claim for past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety,… 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 »
WHAT IS NDMA AND WHY IS IT BAD FOR YOU?
Ask the manufacturers of the popular antacid drug, Zantac. Did you know that Zantac, a popular anti-heartburn medication was one the largest selling drugs in the world? It was “initially FDA-approved”; later it was sold over the counter, but the FDA in 2019 announced the first of many voluntary recalls of Ranitidine products like… Read More »
What Duty Does a Rental Car Agency Have in Checking the License of its Renters?
Vehicle Code Section 14608 requires the following of those renting cars: A person shall not rent a motor vehicle to another person unless both of the following requirements have been met: (1) The person to whom the vehicle is rented is licensed under this code or is a nonresident who is licensed under the laws… Read More »
Duty of Care Owed by Ambulance to Those Being Transported
Does an ambulance owe a duty to care to those it transports and does that duty require those being transported while on psychiatric hold to be restrained? That was what was taken up in (T.L. v. City Ambulance of Eureka, Inc. (Sep. 29, 2022, No. A162508) ___Cal.App.5th___ [2022 Cal. App. LEXIS 829, at *1-2].) While… Read More »
