June 2017 -

What can I do if my family member was harmed in the Los Angeles foster care system?

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I am so sorry to hear that you have a family member who hurt in the foster care system. Sadly, being treated poorly or experiencing abuse in the foster care system is not unheard of. Your family member may have legal options that can help him or her obtain compensation which can help the child get the therapy that is needed, as well as to help rebuild his or her life.

Children are placed in foster care in Los Angeles when their parents cannot provide the proper care for them, or because they do not have anyone to care for them. Foster homes are intended to provide a short-term home for a child until he or she can be reunited with his or her family, or until a suitable long-term home can be found. Foster care is designed to provide a supportive and safe environment for children, but that is not always what occurs. Children can tragically suffer from physical, sexual, or emotional abuse in a foster home.

The foster care system in California is set up so that abusive conditions are not allowed to occur, but in reality that is not what happens. Many foster care families are not properly screened before entering the system. Case workers may have a huge workload and may not be able to properly monitor children. Abusive situations could go unnoticed if children are moved frequently, or if they are too young or scared to speak up.

If the foster care system fails to properly prevent children from being harmed, the child can bring a lawsuit against the system for damages. A guardian may need to be appointed in order to pursue the lawsuit. Monetary damages can help the child receive the therapy and education needed to have a happy and successful life later.

Call me, Conal Doyle, Los Angeles personal injury attorney, if you suspect that a child in your family has been harmed in the foster care system. My team can help the child recover compensation. Call us today at 310-385-0567. We can help. Call today to learn more or to schedule a free consultation.

I am an amputee and I have a lot of phantom pain in my residual limb. Can I sue the doctor who performed the amputation for malpractice because of my phantom pain?

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I’m sorry to hear about your phantom pain. As an amputee, I can relate, as can most other amputees. The majority of amputees have phantom pain at some point after the amputation. For some amputees, the pain can be intense and may last a long time after the amputation is over.

New research has shown that surgeons who perform amputations should be much more methodical than in decades past. Studies have shown that in an amputation, surgeons should be very careful to dissect the limb in order to leave bits of muscle, which can cap off the nerves. Nerves that have muscle tissue still attached are less likely to trigger pain. They can also use prostheses more easily.

However, this new method of amputation is still relatively new. The doctor who pioneered the method says that his patients have had very good results, with less pain from prosthetics and fewer instances of phantom limb pain.

This method of performing amputations is still new and somewhat experimental. Most amputations are done in a different manner, and the amputees may be more likely to experience phantom pain that if the amputation is done in a different way. However, that does not mean your surgeon committed medical malpractice. The medical standards for most doctors in your community will determine whether or not your doctor was negligent. Doctors are not expected to keep up with every single medical advance, but only must act as other reasonable doctors in the same medical community.

As an amputee, I understand how rough an amputation can be. If you believe that someone is to blame for your amputation, you may wish to speak with an attorney. Time limits apply in filing personal injury lawsuits, so you may want to act sooner rather than later. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567 if you need to speak to an attorney about your amputation. I can help.

My mother got terrible pressure sores in a Los Angeles nursing home. Can pressure sores be prevented and can I sue the nursing home for mistreatment?

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I’m sorry to hear about your mother’s pressure sores. Yes, they can be easily prevented, and yes, you or your mother may be able to sue the nursing home for mistreatment. Pressure sores, which are also called bed sores, can be very painful and may become infected, which can lead to other health problems. Pressure sores can be hard to get rid of once they develop. Nursing homes must take the proper steps to ensure that their patients do not develop pressure sores.

Pressure sores can be prevented with a certain level of care. Patients must be kept dry, as pressure sores can easily develop when skin is wet. Wet skin can become fragile and prone to deterioration. If a patient spends a lot of time sitting down or lying down, any areas that are under pressure should be checked regularly to ensure the sores are not developing. Caregivers should check the feet and heels, hips, tailbone, and buttocks for signs of pressure sores.

Patients with limited mobility should also be frequently moved. Caregivers can move patients every couple of hours so that sores are not allowed to develop. There are special beds and chairs available that can help prevent pressure sores by putting extra padding in key areas.

Unfortunately, many nursing homes simply do not provide the level of care needed to prevent pressure sores. When a pressure sore occurs, it can be hard to eliminate and may lead to other health problems, some of them serious. If your mother has been allowed to develop pressure sores, you may want to seek out another nursing facility, as well as speak to an attorney. She may have the legal right to compensation for her injuries. Call me, Conal Doyle, Los Angeles nursing home attorney at 310-385-0567. My team can help. Call today to schedule a free consultation.

I have a relatively routine spinal surgery coming up and my doctor wants it to be monitored with intraoperative neurophysiological monitoring. Should I do that and is it necessary?

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Your doctor is probably the best person to make that decision. He or she can help you weigh the risks and rewards of not only having the surgery done, but also having the procedure monitored while it is being done. Intraoperative neurophysiological monitoring involves the monitoring of the nervous system using electrodes and other methods during surgery, which can help reduce the risk of complications, particularly during delicate surgeries.

A recent study of low risk spinal surgeries, such as decompression and spinal fusion, found that intraoperative neurophysiological monitoring significantly reduced the rate of neurologic complications when compared with patients who were not monitored. Critics claim that monitoring is not necessary for simple, straightforward procedures and that it has been overused, which can increase the cost of surgeries.

The study found that monitoring can actually save health care costs in the long run, when considering how much fewer complications there are when a surgery is monitored. Complications are reduced by almost half when the surgery is monitored.

Many patients are unaware that intraoperative neurophysiological monitoring exists. When the patients become aware that it is an option, many opt for it. However, like any other procedure it is not without risks. Typically, the greatest risk is not from the monitoring itself, but from the complications that may result if it is not performed correctly. If not performed correctly, the surgeon may proceed as if the surgery is being properly monitored and serious complications could result.

If you or a loved one has been harmed during a surgery that was being monitored by intraoperative neurophysiological monitoring, call me, Conal Doyle, IONM attorney. I have experience in handling IONM malpractice cases and may be able to help. Call today at 310-385-0567 to learn more or to schedule a free consultation.

My loved one was harmed during a horrible mistake during surgery. What are his legal options?

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Horrible mistakes can happen in emergency rooms, during surgery, or during routine medical procedures. These mistakes have been labeled as “never events”, because they are things that should never happen, but do happen in the medical community routinely. It’s been estimated that never events happen an average of 80 times a week in the U.S.

The most often discussed never events are surgical events, and can include operating on the wrong person or body part, leaving a foreign object inside a patient, performing the wrong operation, or the death of a healthy patient from anesthesia. All of those occurrences should never happen.

There are also never events that can happen because of a failure to properly oversee patients during a hospital stay. Some common never events that can happen while a patient is in a hospital includes patients disappearing from the facility, patients being given the wrong blood type, the death of a mother or child during routine labor, bed sores that are acquired after being admitted to the hospital, a failure to perform follow up tests, contamination of drugs or medical devices, or air embolisms during a medical procedure.

Although these events are classified as “never events” because they are events that should never happen, they can and do happen routinely. If you or a loved one has been injured or fatally harmed in a medical error that is considered a “never event”, you should speak with an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567. I can help you to make a medical malpractice claim. Call today to learn more or to schedule a free consultation.

I have been harmed because of a defect with my automobile. Can I make a claim against the manufacturer?

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Yes, you may be able to make a claim against the manufacturer if you have been harmed because of a defect with your automobile. Unfortunately, automobile companies often cut corners on safety in order to increase their profitability. In many cases, those risks that they choose to take affect the lives of their customers.

If you have been involved in an automobile accident and you suspect the accident was caused by a problem with your vehicle, you must be able to prove that the cause of the accident was the result of the manufacturer’s negligence. You may be able to show this by proving there was a poor design or that the materials were of low quality. Some common examples of defects in automobiles which can cause harm include defective tires, brakes, airbags, and fuel systems.

Being involved in a serious accident can impact the accident victim’s life for a long period of time, regardless of how serious the accident was. Medical expenses may be high, and the victims may be unable to work while they are recovering. Some people do not recover and could require lifelong medical care. When an accident was caused by the negligence of an automobile company, that company must be held accountable and should pay compensation to those who are injured. Many automobile recalls occur only if an automobile manufacturer decides it is financially feasible to issue a recall.

If you have been harmed in an automobile accident because of the negligence of an automobile manufacturer, call me, Conal Doyle, Los Angeles product liability attorney at 310-385-0567. My team can help. Call us today to learn more or to schedule a free consultation on your case.

My boss displays a Confederate flag at work and I am African-American and feel uncomfortable. Is that racial discrimination or harassment?

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I’m sorry to hear that you feel uncomfortable at work because of the Confederate flag. As you probably know, racial discrimination and harassment in the workplace are illegal under both federal and state law. If your boss or anyone else at work discriminates against you or harasses you because of your race, that conduct is illegal and you can pursue damages.

However, it’s unclear whether or not simply displaying a Confederate flag, by itself, would be considered discrimination or harassment. Several courts have weighed in on the issue, and most of them have found that displaying a Confederate flag, when taken alone, is not harassment or discrimination.

If your boss displays a Confederate flag in the workplace, he or she may have taken other actions that, when combined with the Confederate flag, could be considered discrimination or harassment. Normally, in order to be illegal, the harassment must rise to such a level that they create a hostile work environment. Displaying a flag, making offhand comments or simple teasing probably do not create a hostile environment, while making racist and offensive comments regularly would create a hostile work environment.

If possible, you should consider talking your concerns over with your boss. He or she may not be aware that the flag makes you feel uncomfortable, and it could be taken down and the issue over. If it persists, or if additional behavior occurs, you should consider talking to an attorney. An attorney can help you pursue damages and/or can help make the behavior stop.

If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. I have experience in helping employees who have been discriminated against or harassed pursue a claim against their employers. Call today to learn more or to schedule a free consultation.

What are somatosensory evoked potentials? Will those be used during my upcoming surgery?

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Somatosensory evoked potentials are brain waves that are used during surgery to assess the function of a patient’s spinal cord during surgery. Somatosensory evoked potentials (SSEPs) can be valuable in alerting the surgeon to any problems with a patient’s spinal cord before it becomes too late.

SSEP tests measure the electrical activity of the brain that results from the stimulation of touch. SSEPs are recorded by stimulating peripheral nerves, such as the ulnar nerve, the median nerve, or the tibial nerve, often with an electrical stimulus. The patient’s response is then recorded from the patient’s scalp. Those responses can provide, among other things, evidence of abnormality during surgery, signs of any lesions, and general evidence about the patient’s brain and spinal cord.

SSEP tests may be used during your surgery. You should ask your surgeon to find out exactly what is done, but generally, SSEP tests are one form of intraoperative neurophysiological monitoring. IONM are a category of techniques used during surgery that monitors brain and nervous system activity to determine if a surgery is going well.

If you have an upcoming surgery that will use an SSEP test, speak with your doctor about it. In general, SSEP tests, as well as other forms of IONM, are very safe, and can help prevent damage before it occurs. However, as with any medical procedure, in some situations IONM may not be performed correctly, and harm can result.

Call me, Conal Doyle, IONM attorney, if you have had a surgery that was monitored with SSEP tests or IONM go badly. You may be entitled to damages for medical malpractice. Call today to learn more or to schedule a free consultation on your case. My team can be reached at 310-385-0567.

I am an amputee and I believe that a transplant was an option for me, but my insurance company would not cover it. It is too late now. Can I sue?

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I am so sorry to hear about your amputation, and that medical treatment that you believe may have helped you was not available because of insurance reasons.

Effective transplants of entire limbs, hands, or feet are rare but have been done effectively. Transplants normally involve a lifetime of immunosuppressive medications, which can cause However, there are other, more common transplants which are effective for some amputees. Nerves can in many cases be successfully transplanted, which can help amputees who have nerve injuries. Skin, muscles and tendons can also be successfully transplanted in some cases in order to help amputees.
There are some advantages that a prosthetic limb can offer over transplants. Transplants can take a long time to become effective, and could lead to re-injury of the limb. A transplant may not ever “take”, and an amputation and prosthesis may ultimately be required anyway. The immunosuppression drugs that patients must take have complications and side effects, and the patient could ultimately end up rejecting the limb anyway.

If you believe that your insurance company acted improperly in denying your claim, it may be time to speak with an attorney. Insurance companies are not required to pay for treatments that are experimental or not medically necessary. In some cases, insurance companies may act in bad faith in denying claims, which can lead to either patients not receiving the treatment to which they are entitled, or being stuck with huge medical bills after a claim has been denied.

Call me, Conal Doyle, Amputation Attorney, at 310-385-0567 if you are an amputee and you believe your claim has been illegally denied. I am also an amputee and I work hard on behalf of other amputees to get them the compensation they deserve. Call to learn more.

What are my legal options if I have suffered a burn injury?

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Burns are not only one of the most painful injuries a person can have, but they can leave behind emotional and physical scars. If you have been the victim of a burn injury in the Los Angeles area as a result of a car accident, a dangerous product, a workplace accident, or a home fire, you may be entitled to compensation for your injuries. A personal injury attorney can help you prove your claim and can fight against the insurance companies involved.

After a painful burn, you will need to determine whether or not your burn was the fault of another party, such as a negligent individual or company. In order to recover damages after your burn, you must prove that your injuries were caused by the negligence of another business or individual. Fires are very common and can happen almost anywhere, so it’s important to determine the cause of the fire to recover compensation.

The most common causes of burn injuries in fires are malfunctioning smoke or fire detectors, accidents or explosions in the workplace, automobile accidents, and fires in homes or businesses. In each of those cases, an individual or a business may be held liable for damages. Individuals and businesses have a duty to keep visitors safe from injuries. Businesses must keep their employees safe, as well as manufacture safe products that do not pose a risk of fire. Drivers have a duty to other drivers on the roads to driver in a safe manner in order to avoid injuries.

If you have been harmed in a fire in the Los Angeles area, call me, Conal Doyle, Los Angeles personal injury attorney at 310-852-6272. My team can help. Call today to learn more or to schedule your free consultation.