Archive for April, 2009

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The Reality of Medical Malpractice

Thursday, April 30th, 2009

How common is medical malpractice and how often do injured patients seek compensation? The real answers to those questions may be surprising.

Medical malpractice exists. Doctors are human. They make errors, give less than utmost care and miss symptoms that should not be missed. An article in the March 2009 issue of the Canadian Medical Association Journal cites a 1974 study conducted by California hospitals and physicians that showed that doctors and other medical professionals injure one out of every 125 patients, and of those injured, only one in 75 is compensated for that injury. More recent studies mentioned in the article give injury and litigation rate figures that are roughly similar, arriving at a litigation rate among all patients (injured or not) of one in 250 patients. In spite of those results, the constant rallying cry for those that favor malpractice liability caps is that a litigation-hungry public driving up the costs of health care.

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Uninsured Motorist Accident Settlement of $127,967

Wednesday, April 29th, 2009

In an uninsured motorist action, car accident attorney Samer Habbas obtained a binding arbitration award for $127,967.  Client was the driver of a vehicle struck by a driver running a red light in the City of Moreno Valley.  Prior to the arbitration, no offers for bodily injury damages were made by the insurance company.

Bus Accident on I-80 Kills Passenger, Injures 27 Others

Tuesday, April 28th, 2009

The Los Angeles Times reports that a bus accident on I-80 west of Reno has claimed the life of one person and injured 27 others.

Although this latest mishap on California’s highways only claimed a single life, bus accidents have the potential to injure or kill dozens of people in an instant. Each time a passenger steps inside of a bus, they are literally entrusting their life and well-being to a number of elements that are outside of their control such as:

  • Driver skill and alertness
  • The bus company’s commitment to maintenance and safety procedures
  • The bus manufacturer’s safety testing and quality control

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Hotel Shower Burns Settled for $150,000

Monday, April 27th, 2009

Los Angeles premises liability lawyer Samer Habbas settled a premises liability case for $150,000.  Client was a guest at a prominent hotel in Catalina Island.  When she went to take a shower, scorching hot water came out, causing her to suffer burns.  Defendant’s initially denied liability for this matter stating that it was due to the carelessness of our client.  Case settled in mediation.

Los Angeles County Settles Rodriguez Case

Thursday, April 23rd, 2009

The Los Angeles Times reports that Los Angeles County has reached a settlement agreement with the family of Edith Rodriguez for three million dollars. The settlement resulted from the medical malpractice lawsuit for the tragic 2007 death of Rodriguez at Martin Luther King Jr.-Harbor Hospital. In May 2007, Rodriguez died on the floor of the hospital’s emergency room after 45 minutes of anguish, crying for help. Despite her pleas, the hospital staff did not help her and eventually called county police rather than giving the woman the care she needed.

Doctors and hospitals are supposed to be held to a minimum standard of care that they owe their patients. In part, this requirement is in place to bolster the standards of the profession. However, the greater reason for this requirement is to ensure that medical professionals remember to treat the sick and infirm with dignity, compassion and respect.

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