Callahan & Blaine - California's Premier Litigation Firm
Contact Us (714) 241-4444
Main Menu
View Practice Areas

CALIFORNIA LITIGATION UPDATE

Medical liability insurance flatlines; medical error deaths rise

Despite having one of the best health care systems in the country, California has been home to more than its fair share of medical malpractice cases. In fact, all across the United States, the news seems to favor cases of malpractice. Somehow malpractice premiums do not reflect this. According to Forbes, they have been relatively low and stable for a decade.

There are several reasons for the reduced costs to doctors:

  •          Well-capitalized carriers
  •          Medical liability reforms
  •          Consolidations within the industry
  •          Delivering healthcare using telecommunication technologies

How to handle lane splitting

Drivers who live in California may be used to driving among motorcycles, and there is a technique motorcyclists practice that drivers should be aware of. Lane splitting is when a motorcycle rides between two vehicles. While this may seem illegal, it is actually legal in the state, and studies show it is safe as long as riders do it correctly. Both drivers and motorcycle operators should understand how to share the road safely together.

According to the American Motorcyclist Association, lane splitting, or lane sharing, is most beneficial for motorcyclists who drive in congested traffic. Sharing a lane with other drivers helps to cut down on rear-end collisions. This results in fewer fatalities as well as a decrease in torso and head injuries. While California permits ride sharing, motorcyclists should also be aware it is not required.

Social media addiction and distracted driving

There are many different types of distractions that can increase the chances of a motor vehicle collision, such as trying to use a GPS and less common distractions that pose similar risks. However, smartphones have become an incredibly common source of distracted driving, and many people are unable to put their phones down for lengthy periods of time due to an addiction to social media. There are various social media platforms, and some of them can be highly addictive. Unfortunately, some drivers are unable to focus on the road because they try to use social media platforms while behind the wheel.

Whether someone posts a photo to a social media site or even tries to live stream while they are driving, this behavior can be extremely dangerous and has led to many fatal accidents. Someone who is not paying attention to the road because they are using their phone may swerve into oncoming traffic, drive through a stop sign, fail to yield or surpass the speed limit. For example, a distracted driver may not notice that traffic has slowed down due to an accident or a work zone, and they may slam into another vehicle at a high speed.

Is a nursing facility a good option for a TBI patient?

People with traumatic brain injuries (TBI) often require rehabilitation to regain full or partial function. However, there may be a gap between when a patient is discharged from a hospital and when he or she can be approved for rehabilitative care. In this event, you might consider placement in a nursing facility, which takes a concerted effort on behalf of the family to ensure the TBI patient is being treated reasonably. Brainline.org offers the following advice on how you can ensure your loved one is taken care of when in a nursing home. 

The most important step you can take is to visit the facility on a frequent basis. When visiting, choose different times of the day, such as early in the morning and in the evening. Along with spending time with a loved one, also speak with staff, other residents, and even nursing home administrators to get a clear picture of the level of care being provided. Not only will this keep you apprised to any problems with the care being provided, it also lets staff know you're advocating for the patient. 

Auto accidents and pregnancy

Motor vehicle collisions can be very traumatic for anyone, regardless of the details surrounding their personal lives. For some people, such as pregnant women, motor vehicle collisions can be especially concerning. For example, a pregnant woman who is injured in a collision may have an especially hard time recovering from the crash, and they may even have a miscarriage as a result of the accident, which can make the emotional toll of a collision particularly painful. Our law office understands these hardships and we believe that victims and their loved ones should not hesitate to hold reckless drivers responsible for their actions by taking legal action when necessary.

For pregnant women and their family members, this can be a stressful time. Sadly, an auto accident can add a significant amount of stress, whether those involved in the wreck struggle to deal with injuries and mental trauma or the financial consequences of the collision. Every day, reckless drivers disregard the potential risks associated with their behavior, whether they drive under the influence or choose to ignore the speed limit. When they cause an accident, especially if it injures someone who is pregnant or causes them to have a miscarriage, they cannot be allowed to get away with what they have done.

How can I help my teen be a better driver?

Teen drivers lack the experience of their adult counterparts. As a result, they're more likely to be involved in car accidents, which can have devastating results for all involved. That's why it's up to parents to ensure their young drivers have the skills they need when getting behind the wheel. In this case, KidsHealth.org offers the following tips to parents to help their kids stay safe behind the wheel. 

Tailgating involves following too close to the vehicle in front of you. If this vehicle should stop suddenly, the following driver would be ultimately responsible for any damage that occurs. That's why young drivers should be taught to leave a three to four-second window between their vehicle and others. You should also talk to your teen about what to do during inclement weather. In this case, it's advised to increase the distance to account for slick roads. 

How do I file a wrongful death suit?

Losing a loved one to someone else's negligence is a beyond devastating experience. While practical matters may be the last thing on your mind, it's important to pursue legal action against the responsible party. Not only can this provide justice for such a senseless act, it can also help you cover burial expenses or medical costs resulting from the catastrophe. The Balance explains some of the basic components of a wrongful death suit. 

First, you should determine whether you're eligible to file suit on behalf of a loved one. This can vary from state to state, although in all states the surviving spouse and children are permitted to file suit. In other states, the extended family is also allowed to file a civil claim. If you're unsure of whether you're permitted to file, it's best to speak with an attorney with experience handling wrongful death cases. 

How can I keep my property safe for the mail carrier?

Being a mail career is not generally thought of as a hazardous job, but sometimes it can be, and you may not have to look farther than your front yard in Orange County to see why. Properties can hold a number of hazards for a person trying to deliver the mail, so you want to be aware of these problems and try to correct them so that a mail carrier does not suffer injury on your California property.

Many homeowners keep a mailbox on their house or by the curb. According to Bobvila.com, these mailboxes can be an attractive place for wasps, spiders and other pests to make a home. If these pests are not cleared out, they can inflict injury on an unsuspecting postal worker, so it is wise to check your box periodically for unwelcome visitors. Clean out spider webs, dust the box off, and air the mailbox out.

Wearing the right protective motorcycle gear in California

Especially when traveling on the crowded streets and highways throughout the state of California, riding motorcycles offers people greater agility and maneuverability on the roads. Unfortunately, however, due to their smaller size, these vehicles do not provide the same exterior protections from collisions that other automobiles boast. Therefore, it is key for motorcycle operators to wear the appropriate gear when riding to help protect themselves from serious injuries.

According to the California Department of Motor Vehicles, people should wear snug-fitting jackets and long pants to protect their skin in the event of a motorcycle accident when they ride. Such clothing may also help safeguard them from the weather, debris and hot parts on their vehicles.

The link between allergy season and car crashes

Motor vehicle wrecks have many causes, but some are not mentioned or widely recognized as much as others. For example, people may pay less attention to the likelihood of seasonal allergies causing an accident, while they are well aware that driving under the influence is dangerous and could lead to a fatal collision. During the spring, many allergy sufferers have a difficult time, and the symptoms they experience can disrupt their lives in all sorts of ways. Unfortunately, allergies may make them more likely to cause an accident for a number of reasons.

First of all, allergy symptoms can distract a driver from the road and make it difficult for them to focus on driving safely. For example, someone with itchy eyes, a severe headache, a runny nose or some other symptom may have trouble staying focused. They might lose control of their vehicle after reaching for a tissue or taking their hands off of the wheel to rub their eyes. Moreover, some people take medications to help with their allergies, which can lead to drowsiness.

Contact Us To Speak With A Trial Attorney Today
Callahan & Blaine California's Premier Litigation Firm

Orange County Office
3 Hutton Centre Drive
Ninth Floor
Santa Ana, CA 92707

Santa Ana Law Office Map

Record Breaking Results

More Verdicts & Settlements by Callahan & Blaine
Back To Top

Callahan & blaine

Visit our family of websites for more detailed practice area information.

Get Help Now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy