If I sign a waiver at my doctor’s office, and he or she commits malpractice, can I sue?

Signing a waiver or a consent form does not release your doctor from liability for medical malpractice. It’s very common for doctors to ask patients who are doing to have some type of medical procedure done to sign a waiver. This is done for routine, simple procedures, or invasive medical operations.

The waivers typically say that the doctor has explained your medical problem, lists any alternate treatments available, and the procedure you have chosen. It will normally list all potential risks associated with the procedure. Signing a form like that does not waive your right to sue the doctor for medical malpractice.

If you believe your doctor committed medical malpractice, you must prove that he or she did not use the proper standard of care when performing the procedure, and that you were injured as a result. Simply proving that your procedure did not go as planned is not sufficient for providing medical malpractice. Instead, you must prove that negligence occurred.

You should speak with an experienced medical malpractice attorney if you believe that your doctor committed medical malpractice. The attorney can help examine your medical records to help determine if mistakes occurred or if the doctor failed to provide an acceptable level of care.

Call me, California medical malpractice attorney Conal Doyle of Doyle Law at 310-385-0567, if you suffered medical problems as the result of a doctor’s negligence. I will provide you with a free consultation on your case. Call to learn more.

What can I do if I am in an accident with an uninsured motorist in California?

In California, drivers are required to carry insurance on their vehicles. Drivers must have evidence of financial responsibility available to show to a police officer if asked, or if involved in an accident. Drivers are required to carry $15,000 in coverage for injury or death to one person, $30,000 in coverage for injury or death to more than one person, and $5,000 for damage to property.

Unfortunately, not everyone in California chooses to obey the law and purchase insurance. It’s estimated that 15 percent of the drivers on California’s roads do not have insurance. Many drivers choose to purchase uninsured motorist coverage. That insurance is designed to pay for a loss you incur that is caused by a driver without adequate liability insurance. It could cover medical expenses, property damage, loss of income, or other expenses. The coverage is typically extended to all members of your family who live in your household.

If you are involved in an accident with a driver who does not have insurance, and the accident was the other driver’s fault, if you have uninsured motorist coverage, you can make a claim against your insurance company. In unusual circumstances, the driver may have enough assets to cover your damages. There may be other parties at fault too who can be held legally responsible.

Call me, California personal injury attorney Conal Doyle of Doyle Law at 310-385-0567, if you have been involved in an accident with a driver who did not have car insurance. I can help advise you of your legal options. Call today to schedule your free consultation.

What should I do if I have suffered a burn from an airbag?

Airbags have been a huge safety innovation for automobiles. Airbags can also cause serious injuries. Recently, automobile manufacturers recalled millions of vehicles that were equipped with Takata airbags, which were prone to explode and send shrapnel flying through the vehicle.

Even when airbags perform correctly, they can harm passengers, particularly smaller ones. Although these injuries are rare, they can be serious, and in some cases can be more serious than any injuries that would have occurred in an accident had the airbags not deployed.

Airbags deploy when a crash occurs because an electronic signal tells them to deploy. A chemical reaction occurs that inflates the bags with gas at very high speeds. In some cases, the bags can deploy in accidents that occur at low speeds. The rapid deployment of the airbags can cause serious injuries if a passenger or driver is hit hard enough by it.

It’s common for burns to occur in an airbag deployment. The burns could be chemical burns (caused by contact with the chemical that is released) or abrasion (caused when an individual hits the airbag) burns. Other burns can be caused by the high temperatures reached by the gases.

If you have suffered injuries from an airbag, call me, California personal injury attorney Conal Doyle of Doyle Law at 310-385-0567. You may be entitled to compensation from the other driver involved in the accident, the vehicle manufacturer, or another party. Call today to learn more.

If I am hurt while being arrested in Los Angeles, can I sue the police?

Being a police officer in Los Angeles can be an extremely difficult job, even under the best of circumstances. The jobs of police officers often involve violence. In many cases, force is necessary and justified on the part of the police officer.

In some cases, however, police officers do abuse their power. When that happens, the police must be held accountable. In some situations, the agency or governmental entity that the police officer works for can be held legally liable, particularly if it failed to properly screen potential officers before hiring them, or if it failed to properly train law enforcement officers. In the past several years, there have been several incidents that made nationwide news in which police officers used or allegedly used excessive force, which in some cases resulted in riots.

There are a variety of actions that can constitute wrongful conduct by police. Those actions include shootings, sexual assaults, the use of excessive force when apprehending a suspect, false imprisonment, and other types of wrongful actions. In recent years, it has become easier to prove that police brutality occurred because of the widespread use of smart phones, which can record such incidents.

If you or a loved one has been the victim of police brutality, you should contact an attorney as quickly as possible. Time limitations apply, and the longer you wait the more difficult it may be to bring a case. Call me, Los Angeles civil rights attorney Conal Doyle, at 310-385-0567. I will provide you with a free consultation on your case.

Can I sue my employer if I am fired because I am pregnant?

It’s illegal under both federal and state law to discriminate against a woman in the workplace because of her pregnancy. Under the federal Pregnancy Discrimination Act and the Family and Medical Leave Act, and California’s Fair Employment and Housing Act, women are provided with certain legal protections during their pregnancies.

By law, an employer cannot refuse to hire or demote or fire a woman because she is currently pregnant or is planning to become pregnant. Some common examples of pregnancy discrimination include refusing to hire women of childbearing age out of fear they may become pregnant and quit their jobs, refusing to hire women because they are pregnant, firing a woman for bogus reasons after she becomes pregnant, or passing a woman over for a promotion because she is pregnant or may become pregnant.

In addition, most working women are entitled to maternity leave. If you are eligible under federal and state laws, employers must offer you 12 weeks of unpaid leave following the birth or adoption of a child. Women may choose to replace those unpaid weeks with paid leave that they have accrued, such as sick leave or vacation leave. Women must continue to receive employment benefits, such as health insurance, although they must pay the premiums. Once a pregnant woman returns to work, she must be restored to her original job or an equivalent job.

It can in some cases be difficult to prove that you were discriminated against because you were pregnant. Employers frequently make up a bogus excuse for why they chose to take certain actions against pregnant employees. If you believe you were wrongfully fired because you are or were pregnant, call me, Conal Doyle, Los Angeles employment discrimination attorney at 310-385-0567. I will provide you with a free consultation on your case. Call to learn more.

What can I do if I believe my obstetrician in California committed malpractice during the birth of my child?

For most new parents, the birth of a child is an exciting event which they have looked forward to for months. Sadly, often obstetricians fail to exercise a high level of care during childbirth. This may result in injuries or death to the mother, the child, or both.

There are many types of malpractice an obstetrician can commit during labor or delivery. The obstetrician may fail to recognize complications during the delivery. He or she may not have performed proper tests during the pregnancy or delivery. For example, he or she may have failed to give the mother a Group B strep test, which could help the doctor to prevent deadly infections in the infant. The obstetrician may also have failed to carefully monitor the delivery, which could have dangerous implications if complications arise.

Obstetricians may improperly use medical devices during delivery. This may include the use of vacuums or forceps. If a C-section is performed, surgical instruments can in some cases cause damage to the mother or the child.

When a high level of care is used during labor and delivery, the vast majority of deliveries result in healthy infants. However, if a proper standard of care is not used, tragedy can result. If you believe that you have been the victim of an obstetrician’s malpractice in southern California, call me, Conal Doyle, medical malpractice attorney, at 310-385-0567. I will provide you with a free consultation on your case. Call to learn more.

Admonitory tale regarding nursing home care and billings

Maybe your mom, dad, cherished grandparent or other loved one who is spending time in a nursing home just informed you that, while he or she feels just fine, the home has been administering intensive and hours-long therapy on a daily basis.

You might want to check in on that, Now.

And you might want to bring in a copy of a recent federal report that contains some truly hair-raising information and charges relating to care-delivery practices and policies of high numbers of homes across the country.

Here’s a nugget of information that virtually pulses with light in study findings that recently made their way into the national media courtesy of the U.S. Department of Health and Human Services.

To wit, and as noted in one of those stories focused upon questionable nursing home treatments and care: Some therapies are flatly “unrelated to the condition or characteristics of patients.”

Many of our readers — in all likelihood, millions of people across the country — undoubtedly grow a bit agitated when reading that. What it means in simplest terms is that in some instances a loved one’s best interests are being flatly sacrificed by greedy home administrators and employees in pursuit of maximum gain.

Sadly, many people are probably not surprised that, notwithstanding the existence of some facilities in California and nationally that are clearly focused on quality care, many outliers across the country are just as clearly fixated on profit.

There’s a clear takeaway from the DOHHS report, namely this: Due diligence doesn’t stop at the moment a care facility is selected for a loved one. Rather, it simply makes sense that family members routinely and carefully assess the treatment and services offered by a nursing home to a loved one.

If I am a victim of a crime on someone else’s property, can I sue the property owner?

Unfortunately, not all property open to the public is safeguarded for visitors. If you have had a crime committed against you on business property, such as a store, hotel, restaurant, or parking garage, and you suffered injuries or other damages as a result, you may have a claim for inadequate security. The property owner can face legal liability as a result of his or her failure to provide adequate security.

However, the property owner is not automatically liable just because you were injured by a criminal on the property. You must be able to show that a criminal action was foreseeable on the property, and that the owner failed to adequately take safeguards to protect against that criminal action. Property owners have a duty to be aware of likely criminal activity on the property and to take precautions to protect against that type of crime.

If there are a lot of cases of one type of crime on or near the property, the property owner has a duty to safeguard visitors. For example, if the neighborhood surrounding the property has had an increase in muggings, the property owner should take security precautions such as installing alarms, hiring security personnel, controlling access to their buildings, and installing exterior and interior lights.

Property owners are not responsible for all types of crime. If a crime could not have been foreseen, or if a property owner took proper precautions and a crime occurred anyway, the property owner may not be held responsible. Call Los Angeles premises liability attorney Conal Doyle of Doyle Law at 310-385-0567 if you believe that you were the victim of a crime because of the negligence of a property owner. Call to learn more or to schedule a free consultation.

What can I do if I have suffered a spinal cord injury in an automobile accident in California?

I’m sorry to hear about your automobile accident and spinal cord injury. Automobile accidents are one of the leading causes of spinal cord injuries in California. Every year in California people are injured in car accidents that leave them with serious spinal cord injuries. Many of those injuries are considered mild and can be fixed with surgery. More serious injuries may result in partial or complete paralysis to the accident victim.

Generally speaking, there are two types of spinal cord injuries – complete and incomplete. There are many variations of spinal cord injuries between those two types, including:

– Injuries to individual nerve cells

– Anterior cord syndrome

– Complete paraplegia

– Complete tetraplegia

– Spinal contusions

– Brown-Sequard syndrome

– Cervical spinal cord injury C1-C8

– Lumbar spinal cord injury L1-L5

– Thoracic spinal cord injury T1-T12

– Sacral spinal cord injury S1-S5

– Posterior cord syndrome

– Anterior cord syndrome

– Central cord syndrome

Fortunately, there are a number of treatments for spinal cord injuries now that didn’t exist in decades past. They include surgery, rehabilitation, respiratory assistance, nerve stimulation, and methylprednisolone. Many of these treatments are extremely expensive, and in some cases the victim may require lifelong medical care.

If you have been injured in an automobile accident in southern California and have suffered a spinal cord injury, call Southern California automobile accident attorney Conal Doyle of Doyle Law at 310-385-0567. He will help you with your case. Call to learn more.

If my surgery didn’t turn out like I wanted can I sue for medical malpractice?

No outcomes are guaranteed for any surgery. The results of an extremely complex and risky surgery may turn out to exceed a patient’s expectations. A very common low-risk surgery may have complications and result in serious injuries or death to the patient. Your body may not have responded as expected during surgery, or complications may have arisen that a doctor could not be expected to reasonably anticipate.

However, in some cases surgeries are unsuccessful because of negligence on the part of the surgeon, the hospital, or health care professionals. Some experts estimate that hundreds of thousands of patients die annually because of negligence by health care providers.

In order to be successful in your medical malpractice case, you must show that the doctor was negligent in providing care to you, that the negligence caused your injuries, and that you suffered damages as a result of the negligence. Surgeons are required to use the same degree of skill and care that other surgeons in a similar type of specialty would use. If a surgeon fails to use that degree of skill and provides substandard care, he or she has committed malpractice.

Medical malpractice can be difficult to prove and normally requires consultation with medical experts. If you believe that your doctor or surgeon may have committed medical malpractice in California, call California medical malpractice attorney Conal Doyle of Doyle Law at 310-385-0567. He will provide you with a free consultation on your case. Call to learn more.