Many people are injured due to medical malpractice every year, but, sadly, far too few ever seek a lawyer's help. In fact, it has been estimated that 85% of people injured due to medical malpractice never filed a claim. According to an article recently published in the Journal of the American Medical Association, more than 180,000 people die each year due to medical mistakes. This has become one of the leading causes of death in United States after deaths from heart disease and cancer. If you have been seriously injured or have lost a loved one due to medical malpractice, we are ready to help you.

- Attorney Moseley Collins

August 14, 2014

How Do I Know How Much My Medical Malpractice Case Is Worth?

As patients, we expect that we will receive the best care possible from our medical providers. It is hard to believe that a medical provider would be negligent, careless or reckless in the manner in which he or she treats a patient. It is even more difficult to believe that patients in Sacramento and across California suffer injuries every day due to the mistakes medical professionals (i.e. doctors, lab technicians, nurses, etc.)

When someone is injured or someone dies because of medical malpractice, the patient or his or her family is entitled to receive compensation for his or her losses. This compensation can be for damages such as medical expenses, funeral costs, pain and suffering and lost wages. However, it is difficult for a medical malpractice attorney to accurately determine the value of a case, especially at the beginning of the case, because there are so many factors that may or may not influence the value of the claim as the case goes forward.

An experienced California medical malpractice attorney can often provide an estimate of what he or she believes to be the value of a medical malpractice claim based on his years of experience and the hundreds of cases he has handled. Typical, the value of the case is equal to the economic damages and the noneconomic damages.

Economic damages are costs that can be calculated by the exact out-of-pocket expenses incurred by the patient. Economic costs include but are not limited to:

• Past and future medical bills
• The loss of income both past and future including the loss of earning capacity
• Funeral expenses
• The costs of litigation
• Past and future medication
• Rehabilitation
• The expense of purchasing medical devices such as hospital beds, walkers, wheelchairs, prosthetics, etc.

Past economic costs are the easier to calculate because you typically have an invoice, medical bill or receipt to verify the amount. Future costs are a bit more difficult to determine and may require the use of experts such as economists and medical providers to estimate what future damages and costs the patient may have because of the injury.

Non-economic damages are a monetary award for past and future pain and suffering, disfigurement, emotional or mental anguish and the inconvenience that the victim has and will suffer due to the injuries sustained because of another party’s negligence. In many instances, a medical malpractice attorney will look at recent verdicts to determine what juries are typically awarding in similar cases to get an idea of the value of non-economic damages.

Experienced medical malpractice attorneys never give clients a definite figure for the value of their medical malpractice claim, as they know this value may change due to factors outside of their control such as how believable witnesses may be to the jury and how the jury views the plaintiff and the defendant. However, if you believe you have a Sacramento medical malpractice claim, you should consult an attorney as soon as possible to protect your right to receive compensation for your injuries.

August 7, 2014

Eight California Hospitals Fined for Safety Violations

Hospitals are often named as a party in medical malpractice cases. Whether it is the medical staff that made a mistake or the hospital who failed to provide a safe environment, hospitals are often the subject of medical malpractice lawsuits. Just this week, The California Department of Public Health issued fines in the amount of $775,000 to eight California hospitals.

According to the CDPH, the fines were issued due to serious licensing violations. The CDHP stated that the hospital’s failure to comply with licensing requirements caused or was likely to cause serious injuries and, in some cases, fatalities to patients. The following violations were cited:

• Failure to follow surgical procedures and policies
• Failure to following procedures for the safe administration and distribution of medication
• Failure to following procedures and policies to prevent falls
• Failure to follow patient safety standards
• Failure to follow procedures regarding the care and treatment of patients

Once a hospital receives a report detailing the violations, it must submit a report to the CDHP describing the steps that the hospital has taken or plans to take to correct the issues to ensure the safety of all patients. Because there are so many things that can go wrong during the care and treatment of patients at a hospital, it is extremely important that hospitals take every precaution necessary to ensure that breaches of the standard of care do not occur.

How to Avoid Medical Malpractice at the Hospital

Even though most hospitals are extremely careful and attentive when caring for their patients, medical accidents do happen. In Sacramento and throughout California, individuals are injured due to mistakes made by hospitals and their staff. In order to reduce your risk of be a victim of medical malpractice you can:

• Choose your own doctor. If possible, choose your own doctor based on recommendations from trusted family and friends. Research the doctor’s history and look for someone who has the qualification and experience in your particular health care need.

• Have someone with you. When you are recovering from a medical procedure, you are not always able to be your own advocate. Having someone with you that will take notes, ask questions and ensure that you receive timely care can help ensure that you receive quality medical treatment.

• Be honest. Withholding facts about your condition or your health can create situations where you may be injured because the doctor or the hospital staff does not have the information needed to give you the best care and treatment. For example, if a doctor or nurse fails to ask about drug allergies, make sure that you speak up.

• Get a second opinion. If time permits, get a second opinion before you move forward with any medical treatments or surgery. Having another opinion is an easy way to prevent medical mistakes and injuries.


If you or a loved one has been injured due to negligence or carelessness while in a Sacramento hospital, you need to contact an experienced personal injury attorney as soon as possible to protect your rights and to collect the compensation you deserve.

July 23, 2014

Las Vegas Hospital Files Defamation Case Against Attorney

In a surprising turn of events, a Las Vegas hospital filed a defamation lawsuit against an attorney who represents a client in a medical malpractice lawsuit against the hospital. Robert Cottle, a Nevada personal injury attorney, filed the medical malpractice lawsuit against Summerlin Hospital Medical Center in Las Vegas alleging negligence in regard to a tuberculosis outbreak at the hospital last year that affected patients, staff and visitors of the hospital. At least 60 people tested positive for tuberculosis.

The medical malpractice lawsuit names 15 doctors and 7 nurses. During a May 13 news conference, Cottle told the story of the plaintiff, Ruben White, who lost his wife Vanessa White and his twin daughters to tuberculosis. Vanessa died in July 2013 after giving birth to twin daughters, Emma and Abigail. Neither Vanessa nor her daughters were tested for tuberculosis even though Vanessa presented symptoms associated with the disease.

The hospital’s defamation lawsuit stems from comments made by Cottle, during the May 13 news conference. With regard to the medical malpractice lawsuit, Cottle stated that there may have been a motivation to find a cause for her condition besides tuberculosis. If the cause was a different infection, the state government would not be needed to investigate. He went on to say a tuberculosis diagnosis invites oversight and opens up a can of worms.

Cottle claims that his intention during the news conference was to make the community aware of the dangers of tuberculosis and provide information regarding the disease. He stressed that he wanted the community to have the information they need to protect themselves and to seek medical attention if necessary.

John H. Cotton, the attorney for the hospital, commented that people cross the line when they accuse someone of intentionally misleading a state agency. Cottle is accused of implying that the hospital intentionally hid information about the tuberculosis and failed to diagnose White in order to avoid a state investigation.

Cottle said that it was sad when a company takes legal action against an attorney who was trying to safeguard the public. He went on to say that he was quite surprised to learn about the lawsuit as he was discussing the dispute with hospital officials in an attempt to “amicably” resolve the defamation claim and was under the impression that the parties would resolve this outside of the courtroom.

Summerlin Hospital objects to the statements made by Cottle and it stresses the fact that the White case was not an intentional failure to diagnose. They also stress that the allegation they hid the tuberculosis outbreak as a means of avoiding a state investigation is false.

July 19, 2014

What Are The Differences Between An MCO, HMO And PPO?

Health insurance can be a very complicated subject when you factor in the different types of insurance policies that are available to the public. Understanding the differences of the various insurance policies available is essential to choosing the right insurance policy for you.

Managed Care Organization

A Managed Care Organization (MCO) is part of a Family Care Program that coordinates services from different existing programs and combines them into a single long-term plan of support and services based upon the needs and preferences of the members. MCOs improve the quality of services received by consumers.

Health Maintenance Organization

Health Management Organizations (HMOs) are also managed care organizations that offer enhanced healthcare services to members of the HMO. This type of insurance plan began in the early 20th century but grew in popularity with the passage of the Health Maintenance Organization Act of 1973. Under an HMO, the patient chooses a primary care physician who aids the patient in a comprehensive healthcare plan tailored to that patient.

Advantages of an HMO include:

• Patients build lasting relations with their Primary Care Physician (PSP).
• There are no deductibles and co-pays are minimal. Prices for prescription drugs are low because the HMO takes advantage of bulk rates for prescription drugs.

Disadvantages of an HMO include:

• HMOs have restrictions that may interfere with the patient’s treatment. If a patient wants or needs to see a specialist, his PCP must first refer him to the specialist. Patients are also restricted to treatment at certain medical facilities.

• For patients with pre-existing conditions, HMOs may refuse to cover treatment related to the injury, there may be a waiting period before treatment is covered or treatments may cost more.
Preferred Provider Organizations

Preferred Provider Organizations (PPOs) consist of a network of hospitals, healthcare facilities, physicians and labs that patient may choose from for services and the services will be covered under the insurance policy. PPOs are more flexible because patients may choose from several doctors within the network; however, patients who choose to go to doctors outside the network pay a larger percentage as a co-payment.

Advantages of a PPO include:

• Patients do not require referrals to see a specialist.
• Flexible plans allow insureds to choose from several different doctors and healthcare facilities within the network.
• Paperwork is reduced allowing patients to receive treatment faster.
Disadvantages of a PPO include:
• Patients are responsible for their managing their own healthcare plan under a PPO.
• Members typically pay a co-pay before they receive treatment.
• Co-payments under a PPO are generally higher when compared to an HMO.

July 16, 2014

California Woman Sues Simi Valley Hospital for Medical Malpractice

Patients rely on doctors and other medical professionals to maintain a standard of care when providing medical services. While instances of medical malpractice are not uncommon, some acts are so negligent that patients have no alternative but to file suit against the responsible parties. This is the case of a California woman, Carol Critchfield, who suffered four years from the negligence of medical staff during a routine surgery before she received the medical attention she needed.

In 2007, Critchfield was admitted to Simi Valley Hospital for a hysterectomy. She was a relatively healthy 56-year old woman undergoing a routine procedure. However, rather than recovering from her operation as expected, Critchfield began to experience problems shortly after being released from the hospital. Three days after coming home, she began waking up each morning dehydrated and nauseous. When she began to experience severe pain, her apprehensive husband took her to the emergency room. The emergency room personnel did not take Critchfield’s complaints very seriously. They took x-rays and concluded that it was nothing more than constipation. Critchfield was sent home.

One year later, Critchfield again had to be taken to the emergency room but this time she was experiencing blurry vision, fainting and heavy perspiration. The emergency room staff’s diagnosis was gastrointestinal issues and they advised her not to eat spicy foods. By 2011, Critchfield experienced bleeding in addition to the other symptoms she continued to experience. Suspecting an ovarian cyst, her gynecologist recommended that she have her ovaries removed. It was at this time that the surgeon discovered a sponge that had been left inside her during the previous surgery. Scar tissue had developed around the sponge. In order to remove the sponge, the surgeon had to remove a large section of her intestine.

Critchfield sued Simi Valley Hospital and the surgeon who performed her hysterectomy as well as the radiologists who failed to properly diagnose the issue when she returned on two separate occasions presenting symptoms. Critchfield’s attorney, Steve Gambardella, stated that this mistake should never have occurred. It was later proven that the sponges used in the surgery were not counted before her incision was closed. Furthermore, subsequent x-rays detected a substance that was likely the sponges but nothing further was done to determine the cause of her symptoms.

The California Department of Public Health fined Simi Valley Hospital $25,000 in regard to Critchfield’s case. One month later, the hospital was fined $50,000 for an 8-inch surgical clamp that was left in the intestine of another patient.

Simi Valley Hospital released a statement indicating they take complete responsibility for their patients. They went on to say the event in question occurred in 2007 and, since that time, the hospital has implemented procedures to promote the safety of its patients. In is noted that according to a 2014 Consumer Report, Simi Valley Hospital is now the safest hospital in Ventura County.

February 28, 2014

California Cardiac Surgeon Faces Medical Malpractice Charges

A well-known cardiac surgeon has allegedly failed to remain in the operating room until the patient’s chest was properly closed during a 2012 cardiac surgery, he did not designate a physician to take over care when he left, and did not respond to the patients decline in health as a result of the surgery, according to a medical malpractice claim filed in the Superior Court of California for Fresno County in December of 2013.

The actual reasons behind the patient’s death went unknown for several months. It wasn’t until mid-October 2013, when the patient’s wife received an anonymous phone call from medical staff saying the surgeon was at fault. It was a shock to find out her husband had been treated to negligently and died in such a careless and avoidable manner.

The unknown caller severely condemned the surgeons care as the reason for death and claimed he left a surgical tech to close the gaping hole left from cardiac surgery. The patient suffered severe blood loss, cardiac arrest and was placed on life support.

The patient’s wife seeks damages for past and future medical bills, around the clock medical and personal care via nursing home, pain, suffering, mental anguish, limitations on future life activities, and damage to the marriage.

California Health and Human Services also received an anonymous tip about this case. They reviewed the case and found the surgeon did indeed leave the operating room without a competent surgeon in place to finish it.

Because of his negligence the patient is forever changed. The lives of his wife and family are forever changed. He was robbed of his life and marriage. The surgeon claims he was allowing the tech to practice and admits he should not have done so.

A small omission or mistake during cardiac surgery can leave huge, life-altering repercussions. If you or someone you love have experienced this type of medical malpractice call our offices immediately to find out how we can help.

Medical malpractice cases are expensive both financially and emotionally and all damages are equally important. The goal of taking these doctors and medical professionals to court for their mistakes is to leave the victim in the same shape as they were before the malpractice. While this can’t always be accomplished it can place the victim or his family somewhat closer than they were.

Going into a medical malpractice case without a lawyer you can trust is not advisable. Only an experienced medical malpractice lawyer can successfully navigate these types of cases. Ask questions of any lawyer you consider to make sure this isn’t the first time they have covered a medical malpractice case like yours. It’s important.

January 27, 2014

New Concerns of Medical Malpractice

With the current focus on ObamaCare and what it means to the American public, it brings up new worries of medical malpractice and substandard medical care. Medical malpractice is defined as professional negligence by an act or omission by a health care provider. This implies that the treatment provided falls below normal accepted standards of care in the medical environment causing injury or even death to the patient, with most cases involving medical error. Some cases are so outrageous that they make the news headlines, like the recent case of the doctor carving on the wrong side of a patient’s brain. Another patient awoke after surgery to find doctors had removed the wrong leg! Even more shocking, a top surgeon at Queen Elizabeth Hospital in Birmingham, England carved his initials into a patient’s liver, which was discovered by another surgeon during a different procedure. And a few years ago, a doctor performing a hysterectomy carved the patient’s name onto her uterus, claiming it was a ‘friendly gesture”. Another surgeon branded his initials into a woman’s abdomen after performing a C-section. Why would someone do that? Who’s going to even see that bit of handiwork anyway? Doctors claim the branding leaves only minor superficial burning and doesn't cause harm to the patient. Some small comfort when you’re walking around with some crazy doctor’s brand on your guts! Now the question is how many other people are out there with organs bearing their doctor’s mark? This type of behavior is puzzling, shocking and extremely disturbing!

According to the Journal of the American Medical Association, approximately 225,000 people die each year from medical malpractice. These incidents may be split into several categories: 12,000 deaths from unnecessary surgery, 7,000 deaths from medication errors in hospitals, 20,000 deaths from other errors in hospitals, 80,000 deaths from infections and 106,000 deaths from non-error, adverse effects of medication. The average annual number of suits filed each year is about 85,000, with the actual number of medical injuries estimated to be about one million per year.

Malpractice can be a result of poor communication or simply bad practice, and it is not just limited to the surgery field. Surgery is an easy field to pick on as there are plenty of cases of things like surgical instruments (forceps, gauze squares, clamps, sponges and more) being left in a body after surgery. There was even a comedy war movie back in 1964 called “Ensign Pulver”, where Pulver and his Captain are swept overboard during a storm, end up stranded on an island with a group of nurses, dancing natives, and one big case of appendicitis. The wise-cracking practical joke playing ensign gets his revenge on his tyrannical captain by placing several boiled and sterilized marbles in his abdomen during emergency surgery to remove the captain’s diseased appendix.

January 22, 2014

Exploring Complexities of Birth Asphyxia, Hypoxia and Intrauterine Hypoxia

Becoming a parent can be termed as one of the most wonderful events in a couple’s life. However, pregnancies may sometimes be subjected to complications and uncalled for predicaments. Some of the most critical problems include Birth Asphyxia, Birth Hypoxia and Intrauterine Hypoxia, which are discussed in this article.

The word Asphyxia means lack of oxygen. During pregnancy or right after birth the baby might at some point face a lack of sufficient oxygen that can profoundly affect the newborn’s proper growth, development and functioning. Due to this lack of oxygen, the cells’ functioning is impaired and the buildup of wastes can cause temporary or permanent damage to the babies’ key organs. Asphyxia can be caused by numerous reasons some of which include: early and abrupt separation of placenta from the uterine wall, presence of anemic cells in the baby, infections of any sort prevailing within the mother, complications that may arouse during delivery, lack of oxygen in the mothers blood, improper or incomplete development of the baby’s airways and/or an obstruction is present in the airways. Asphyxia can cause severe damage to the baby but it is dependent upon the severity of the condition and how quickly the treatment is given. Babies with mild cases of asphyxia may recover fully within a given time period. However, babies whose cells could not receive enough oxygen for a prolonged time may experience permanent injury to their brain, heart, lungs, kidneys, bowels or other organs.

Insufficient provision of oxygen to brain when occurs gives birth to Hypoxia and Cerebral Palsy, which initially affects the cerebral hemisphere and later the entire brain. Furthermore, developmental disabilities, attention deficit hyperactivity disorder or impaired sight are subsequent health risks associated with Hypoxia. In some severe cases when the treatment is delayed the disease can cause organ failure and can be fatal. In case of organ failure, technologies such as Continuous Dialysis for kidney failure, ECMO for heart and/or lung failure and whole body cooling with Bedside Brain Monitoring are among the treatment options.

A similar condition that emerges during pregnancy or childbirth related complexities is Intrauterine Hypoxia, which is the deprivation of oxygen to the unborn baby during fetal stage. Often it is caused by prolapse or occlusion of the umbilical cord, placental infarction and maternal smoking. It causes cellular damage within the nervous system, increasing chances of Sudden Infant Death Syndrome (SIDS). This condition can cause many problems later on such as epilepsy, ADHD and eating disorders because oxygen deprivation is the leading contributor to these neurological disorders. Cigarette smoking by expectant mothers has a wide variety of deterioratory effects on the developing fetus. Among the negative effects are carbon monoxide induced tissue hypoxia and placental insufficiency which causes a reduction in blood flow from the uterus to the placenta thus decreasing the availability of oxygenated blood to the fetus. Treatment of infants suffering birth asphyxia by lowering the core body temperature is now known to be an effective therapy to reduce mortality and improve neurological outcome in survivors. Intrauterine hypoxia and birth asphyxia were listed together as the tenth leading causes of neonatal death.

January 15, 2014

Understanding Gestational Diabetes

Diabetes is a very spreading and problem-causing disease that affects millions of people worldwide, people who already have a lot of problems, either since birth, or since they have begun to eat a very bad diet which makes them even more vulnerable and susceptible to the diabetes risk.

Normal diabetes can be the choice of a continuous malnutrition that can skyrocket those glucose levels to the highest point. What happens when this disease relates to pregnancy, and especially the gestational period, a period that is supposed to bring only smiles and happiness to the potential parental couple?

Well the road seems to be out of roses for the 4% to 10% of women who can suffer from gestational diabetes. However knowledge and special knowledge pointed to the risks and dangers of gestational diabetes is always a power.

It is globally known that health in risk for the mother-to-be means danger for that small little creature that tries to grow within her. Was it the woman’s fault that she wanted to receive the gift of motherhood? Or was it the child’s fault that he wants to grow at a safe environment only to come out healthy in this cruel world? None’s fault of course.

Danger begins from the fact that insulin cannot pass the placenta. But guess what? Glucose can. So we ought to smack our heads on the wall for being humans, just because our nature made us imperfect right from the beginning of life. Nature does its task. But what happens when the unwanted circumstance where the blood glucose levels get higher inside the baby’s placenta is not actually the mother’s intention?

Studies have shown that whatever the history of a new mother is, gestational diabetes has always got potential. The baby will try to fight all this unintentional intrusion of glucose with its own pancreas. However since the mother’s organism could not produce the necessary amounts of insulin to protect the baby too, the baby has to do all the job even before it is born.

You can of course imagine how difficult is for a fetus, that used to be a small egg before it got shape to fight high glucose with not even a properly formed immune system. The result can be tragic: Glucose is stored as fat into the baby, determining its high risk exit into the real world.

So what would be the dangers for the small one as well as for its mother? The most common dangerous result from the fight of the fetus is called macrosomia. It is the condition where the baby weights excessively more than expected. Its breathing can be very defective and it can also run the danger of dying from seizures and eclampsia , conditions that have been caused by the high blood pressure of the mother and baby. Luckily gestational diabetes can be prevented if properly monitored in the 28th week of pregnancy, and cured with bringing back the insulin levels to a non-threatening level. So future mothers be informed, even if you think you are not concerned!

January 10, 2014

Summary of Sacramento Medical Malpractice Issues

The statute of limitations is a big issue in medical malpractice cases. In Sacramento, a victim must begin the legal process within one year from the date the injury was discovered. In some cases up to three years grace period is granted. Cal. Civ. Proc. Code § 340.5 (West 1992)

In cases of a retained foreign body, such as a sponge left inside the body during surgery, the claim can reach for as long as it takes the claimant to discover the entity. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989. - See more at: http://www.mcandl.com/california.html#sthash.7ENOwq5L.dpuf

Another reason it could take longer than one year is if the complaint is on behalf of a minor child. However, if the child is under the age of six years the action must have commenced within three years prior to the eighth birthday of the child.

An important note here is the statutory period starts for adults at the moment of discovery but for minors it begins at the conception of the negligent act. Some California courts have begun to read a provision into the law here. It adds a provision for children based on the theory that not doing so will deny minor children equal protection under the law. Photias v. Doerfler, 45 Cal. App. 4th 1014, 53 Cal. Rptr. 2d 202 (1996); Katz v. Children’s Hospital of Orange County, 28 F.3d 1520 (9th Cir. 1994). - See more at: http://www.mcandl.com/california.html#sthash.7ENOwq5L.dpuf

Comparative or contributory negligence is a big factor in medical malpractice cases. Comparative negligence says that the plaintiff’s actions were negligent and directly caused the victims injuries. Failure to act responsibly can be considered a negligent act.

Vicarious liability also comes into play in medical malpractice cases. Vicarious liability says that a hospital can be held liable for any and all negligent acts by a doctor. The physician can be an actual or ostensible agent in the negligence. Ostensible agencies develop when the physician knowingly or by some other action causes a third party to believe another is an agent.

Expert testimony is an important part of medical malpractice cases. Medical malpractice cases must be established as prima facie, or with sufficient evidence, when presented in court. In order to accomplish this, a medical expert must present testimony.

Damage caps are a big issue in Sacramento medical malpractice cases. In instances of noneconomic claims, California places a cap on the amount that can be rewarded as compensation. Noneconomic factors are things like pain and suffering. Inconvenience, disfigurement, types of physical impairment and other non-pecuniary injury, are limited to $250,000.

Cases of medical malpractice can be difficult in Sacramento. Moseley Collins is an attorney with years of experience in area medical malpractices cases. The laws are intricate and insurance companies are out only to save as much money as possible. Moseley Collins has the case experience to predict the best course of action for your individual case.

January 7, 2014

California Hospital Cover-up Scandal

A California medical malpractice case citing wrongful death is scheduled for trial later this year in which a California hospital, Sierra Vista Regional Medical Center in San Luis Obispo, is charged with covering up the cause of a patient’s death. In the lawsuit the hospital and the surgeon are accused of hiring an outside service to perform an autopsy and file a false report as the circumstances of the patient’s death.

The victims survivors, a wife and child, seek punitive damages based on the fraud, conspiracy and cover-up – all denied by the hospital and surgeon.

The patient was male, 42 years old and scheduled for surgery to remove a cervical disc in January of 2010. Post-operative hematoma is a known side effect of this surgery. If it occurs, it can expand to the point of trachea obstruction. Patients can suffocate to death if the condition is not promptly diagnosed and treated.

Twelve hours after surgery there is a nurse documented change in his voice and he complained that breathing felt strange to him. Approximately 2 a.m. the following morning the nurse contacted the doctor via telephone to inform him of the change in voice, trouble breathing and swallowing and swelling. The surgeon prescribed an icepack and numbing gel.

Ten minutes after the phone call, the nurse called for an evaluation from the hospitals rapid response team. They medicated him and provided oxygen. By 2:30 he was reported blue in color and no attempts to resuscitate him were successful.

The pathologist from the outside, hired by the hospital to file a false report listed a fatty liver as the cause of death. The legal claim against the hospital is that they arranged for this autopsy to fool the wife.

It was only after she became suspicious and ordered a third autopsy did she find that her husband had indeed died from an airway obstruction caused by an expanding post-operative hematoma. The medical malpractice suit brought against the hospital and the surgeon allows that the surgeon colluded by lying to the wife. It also presents that timely and accurate diagnosis would have precluded a small slit in his throat that would have saved his life.

The hospital and surgeon deny all allegation of wrongdoing. They deny any negligence, conspiracy or cover-ups. The surgeon denies he received the nurse’s phone call stating trouble breathing and swallowing and changes in voice.

An attorney for the hospital says all claims are false, preposterous, beyond the bounds of reason and unsupported by any evidence.

This sounds like something out of a movie but it’s true and things like this happen all the time. If you or a loved one has been affected by medical malpractice consult an attorney immediately.

Moseley Collins is a knowledgeable, experience medical malpractice attorney you can trust. His Christian values and strong morals have garnered him many happy client testimonials. As so many others have, turn to him when you need help in your medical malpractice case. Call our office for a free consultation to learn how we can help you.

January 2, 2014

Medication Errors

Medicine is arguably the greatest invention of modern medicine. Pain relief, disease prevention and cure, and treatment of chronic disease symptoms are all products of modern medications. Unfortunately, due to many reasons, innocent people’s lives are put in jeopardy each day because of errors in medication. If medication is not prescribed and dispensed correctly, the patient can be seriously injured or even die.

Medication errors can happen at home, in the hospital or in the doctor’s office. More than one million people a year experience a medication error of some type and Sacramento experiences many of those, many of which are preventable. The California Medical Board listed 110 occurrences of serious disciplinary action against a medical professional in 2000. In 2009, 132 preventable accidents in medication were listed and the number is rising each year.

These deaths and injuries happen when medication errors occur which leads to medication being used improperly. These errors could be prescribing the wrong medicine, or the wrong dose. Other causes include illegal prescriptions, poor communication, typos and similar sounding medication names and abbreviations.

In order to prove negligence in a medical malpractice case some form of deviance from the acceptable standard of care has to have taken place. Examples of this type of negligence include:
When prescribing a new drug, the physician should screen for existing medications that could counteract as well as any allergies that could cause dangerous interactions.

A healthcare professional who abuses patient’s medications is negligent.

Doctors or nurses who are not attentive or who do not perform their duties are negligent.

Pharmacists who do not have practiced safety protocols in place for drug distribution are negligent.
The best way to prevent medication errors is to be educated and knowledgeable on your injury and treatment and to keep communication with your doctor open and direct.

Below are some basic tips to keep in mind to help prevent medication errors.

Make sure to tell all doctors and health care providers all the medicines you are taking. This includes vitamins, supplements and any special diets you may be using. Without this knowledge, a doctor could possible prescribe a medication that would counteract with something your already taking and cause adverse reactions.

Ask your prescribing doctor for a summary of your medications. Have him pronounce the names of the medications, explain their dosage and use. Be sure you understand completely. Ask if there are any particular storage instructions or special instructions.

Be assertive. This is your health we are talking about. Ask questions when you aren’t clear about something. If your medicines look different or if the instructions on the bottle differ from what you were told, you should ask your doctor to clarify.

Moseley Collins is experience in medicinal error cases. He has fought for his clients to receive fair remuneration for the pain, suffering and devastating effects of medicinal errors. Contact our offices today for a free consultation. Find out if negligence has occurred in your case and how we an prove it in court.