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Stockton Personal Injury Law Blog

Culture of unaccountability leads to medical errors

Everyone makes mistakes-to err is human. However, when a medical professional makes the error, the error could end up ruining someone else's life. According to one report, around 30 percent of all medical malpractice claims are due to diagnostic errors. California residents may be surprised to hear that, in 2017 alone, surgeons operated on the wrong patient, performed the wrong procedure or operated on the wrong site 95 times.

Yet, another documentary is shedding light on medical errors and how they can alter the course of someone's life. The documentary also looks at the reasons behind these errors-exhausted doctors, overworked professionals, grueling shifts, poor communication among hospital staff and employees and a culture that does not accept accountability for its mistakes. Understanding why medical mistakes take place is crucial to decreasing the number of errors.

Most causes for birth injuries take place during birth

Giving birth to a baby should be a beautiful occasion for California residents, as it is both the culmination of a nine-month wait and the beginning of a new life. However, when medical mistakes mar the birth, it can have serious repercussions on both the baby and the new parent's lives. It is an unfortunate fact that millions of babies suffer from brain damage each year and most of the causes for the damage take place just before or during birth.

Physical trauma is one of the most common reasons for birth injuries. This could be the result of the usage of a vacuum or forceps during delivery. If not placed properly, a baby's fragile head could be damaged. Brain damage can also occur if the delivery is long and difficult and the baby's head repeatedly strikes the mother's pelvic bone. If the baby is pulled excessively or twisted during a difficult birth, it could also hurt the baby.

How can I prove fault in a car crash?

Those who have been injured in a car accident caused by someone else's actions may commonly say the collision was the other driver's fault. Many California residents may not realize that fault has a legal meaning as well and must be proven to hold the driver in question liable for their behavior. Individuals wishing to pursue a personal injury lawsuit against negligent drivers will need to prove fault.

Accident victims may think proving fault is a straight-forward matter, but this is not always the case. Having strong evidence on one's side can bolster one's case and one of the best forms of proof is a police officer's report. When police officer's come to the scene of the accident, they have to make some type of a report about it. These reports contain the observations of the police officer, such as whether they observed speed marks that could demonstrate one driver was speeding and also whether any traffic tickets were issued. They can provide valuable evidence with regards to liability, which is why accident victims should make sure to get copies of them for their case. Where police officers do not show up, victims may have to report the incident to the closest police station and conduct their own inquiries.

Many fatal accidents are caused by driver fatigue

Many Californians are busy juggling family, friends, work, school and various other things. As a result, we do not get the amount of sleep we need, but still get behind the wheel of a car to drive to our next meeting or activity. The American Sleep Foundation found that close to 50 percent of drivers in the U.S. admitted to driving while feeling drowsy.

However, drowsy driving is responsible for many car collisions on the road, some of which are fatal. According to the National Highway Traffic Safety Administration, there are 100,000 drowsy driving accidents reported to police every year, resulting in 71,000 injuries and 1,550 deaths.

Study: Aggressive driving increases during the holiday season

Most of us have been on the road with an aggressive driver. The aggressive driver may appear impatient and angry, honk his or her horn unnecessarily, drive above the speed limit, and unsafely weave in and out of traffic. A recent study found that motorists tend to be 175 percent more aggressive during the holidays than they are the rest of the year. Many car accidents in California are caused by aggressive driving.

The study, conducted by GasBuddy, analyzed data from GasBuddy's Drives feature that assesses motorist's driving habits during their road trips. Researchers analyzed millions of trips and determined the frequency of an aggressive event for each driver. Some of these aggressive events included speeding, quick accelerating, and hard braking.

Traumatic injuries do affect the entire family unit

A traffic collision is bad enough when it doesn't cause injuries, but when it leads to catastrophic injuries, the impact is devastating. As a parent of a young person who has been badly hurt, you know that the way your child recovers, the help they receive and the assistance they receive in the future defines their life.

What many people don't consider is the overall impact of catastrophic injuries on a family. When a child is unable to care for themselves any longer, a catastrophic injury becomes overwhelming. Everyone has to take time to pitch in and assist with care, and that is exhausting for some.

How can I sue a grocery store for my slip-and-fall injuries?

Many of us have been shopping at the store and noticed a broken step or fallen debris on the floor, but it is unfortunate if the store owner fails to do anything to protect their customers from these dangerous conditions. As a result of this negligence, an unsuspecting customer may slip and fall, causing them to suffer severe personal injuries. If you have suffered a slip-and-fall accident at a grocery store in California, you may have a strong case against the store in court.

In order to determine whether your suit will be successful, you will have to determine whether the store owner could have prevented the accident. Generally, store owners have a legal responsibility to maintain reasonably safe conditions for their customers to shop. If the owner knew of the dangerous condition, or should have known of the dangerous condition, and fails to make reasonable efforts fix it, they could be liable for a customer's injuries.

Can I sue the treating hospital for medical malpractice?

If you have suffered injury or illness at the hands of a physician or other medical professional, you may be able to file a claim for medical malpractice. Medical malpractice generally requires patients to establish medical negligence, causation, and damages. Medical negligence refers to a doctor's failure to adhere to the medical standards when treating a patient by failing to diagnose the patient or failing to properly administer treatment. The patient becomes a victim of medical malpractice if this medical negligence causes them harm or injury that they would not have suffered otherwise.

California residents who are planning to file a medical malpractice claim may mistakenly believe that the only person responsible for their damages is the doctor who treated them. However, it is rare that only one party is responsible for harm to a patient. It is likely that multiple parties were involved in your care and all of them can be listed as defendants in your medical malpractice lawsuit.

States with legalized marijuana see a rise in car accidents

California and various other states recently legalized recreational marijuana, and many states will likely soon follow suit. However, according to a couple of recent studies by the Insurance Institute for Highway Safety and Highway Loss Data Institute, states that have legalized marijuana have seen an increase in car accidents.

Researchers analyzed collision loss data from January 2012 to October 2017 for four states that have legalized marijuana, including Washington and Colorado, and for four control states, including Idaho and Utah. Researchers made sure to control for driver population, seasonality, weather, and other conditions.

Our attorneys can help file a personal injury claim

Car accident victims and victims of other personal injury accidents find that the recovery process can be overwhelming. In addition to the physical and emotional pain one may be experiencing post-accident, one may also be unable to work and struggling to pay medical bills. Many people find that filing a claim against the negligent parties that caused their accident is the best way to recover financial compensation. In addition to financial compensation, one can feel peace of mind knowing that the people who caused the pain and suffering were held accountable for their actions.

However, filing a lawsuit can seem overwhelming after an accident, particularly if struggling financially, emotionally and physically. That is where the attorneys at Drivon Turner & Waters, PLC, come in. Over the past 40 years, our firm has helped hundreds of California residents recover damages after the most traumatic moments of their lives.

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