Hogan Injury > Articles by: Patrick Hogan

What Constitutes Deliberate Indifference?

By | April 29th, 2013

QUESTION: Can multiple physician refusals of covered emergency medication, specifically denying to provide covered services without stating cause for the refusal, be considered as “deliberate indifference” in medical care? ANSWER: When prison personnel make conscious or reckless disregard of the consequences of their acts or omissions, they may be liable for deliberate indifference. However, the courts have objective and subjective tests that could determine whether there is deliberate indifference or not, depending on the case.

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Dentist Performed Dental Procedure Without My Consent

By | April 29th, 2013

QUESTION: I went to the dentist last week to replace the filling on my top front teeth and to replace the crown on the back tooth. He replaced the filling in my front teeth and then shortened my front teeth significantly without discussing this procedure with me, why I would need it, what the risk and benefits were and getting my approval to do this. He never told me what he was doing during the entire time he was working on my teeth. When I asked him why he did.

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Do I Have a Claim on Injuries that Were Later Developed?

By | March 28th, 2013

QUESTION: I fell on a broken pavement outside a grocery store 2 weeks ago. I did not file a report as I did not appear severely injured. However, after a while, the fall caused a spasm disorder to reappear and it was worse than before; I could hardly move my head. For the past two years I have been living a completely normal life despite having cervical dystonia, because it was in remission until the accident at the grocery store. Do I have a case? ANSWER: Even if the plaintiff.

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Suing a Psychiatric Care Facility Due to Wrongful Death

By | March 27th, 2013

QUESTION: My son committed suicide after not getting help or medication in a mandatory psychiatric holding facility. Can I sue them for malpractice or wrongful death? ANSWER: Psychiatrists, hospitals, or mental health facilities owe a duty of care to take responsible steps to prevent foreseeable suicide. This special relationship is born out of the patient’s dependency on the health care provider who “has some control over the (patient’s) welfare” [Kockelman v. Segal (1998)].

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Possibility of a Case Due to Injuries Inflicted by a Minor

By | March 26th, 2013

QUESTION: My daughter and a boy were playing soccer outside, when she came running home with a bleeding mouth and broken tooth. She said her playmate pushed her and she fell. We went to talk to the kid and his parent, but the child denied it. Later, when I had the chance when the child was by himself, I asked him what happened and he answered with “she was in my way.” I am enraged by this because my daughter lost her adult front tooth. Can we sue them? ANSWER:.

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Liability of Parents on Child’s Willful Misconduct

By | March 26th, 2013

QUESTION: My daughter had a fight with a boy in school. He grabbed her shirt from the neck and shook her hard enough to rip the shirt, so my daughter punched the boy once on the face. He then went crazy and bit my daughter just above her breast. When we found out, we went to speak with the father of the boy through a translator. He yelled and said “Did you see it?” referring to his boy’s bruise on the face. He said he will send a picture of.

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The Right to Sue County Jail for Injuries Sustained

By | March 26th, 2013

QUESTION: I was booked for unpaid ticket class C. While booking, I asked the jailer if he spoke English, then he grabbed me by the back of my neck and threw me onto the wall. I injured my neck and they refused to allow me to speak with an officer in charge, and they also denied giving me medical treatment. I am still in pain from the injury. Do I have the right to sue the county jail? ANSWER: Generally, public entities are immune from liabilities for injuries to or.

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Overview of Statute of Limitations for Personal Injury Cases

By | March 26th, 2013

QUESTION: What is the statute of limitations for a personal injury case? ANSWER: According to the California Code of Civil Procedure, the statute of limitations for most personal injury claims is two (2) years. The two-year time limit applies to cases of “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” (CCP § 335.1).

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Your Right to Privacy Under the Investigator’s Watch

By | March 26th, 2013

QUESTION: When surveilling, can the investigator take a video of you or note what you do inside your own or a friend’s house? Do I need to keep the shades closed if I want privacy? Is there any place that is off limits? ANSWER: Generally, discovery may be obtained on any NONPRIVILEGED information “that is relevant to the subject matter involved … ” The information requested need not meet the relevancy test for admissibility at trial. It is discoverable if it either would be admissible evidence OR “appears reasonably calculated.

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Wrongful Death and the Premises Owner’s Liability

By | March 26th, 2013

QUESTION: My son was shot and killed while at a convenience store. Is the store liable for not calling for help even though there were cameras on the site? Do I have a case? ANSWER: In a wrongful death lawsuit, the death of the individual must be caused by the negligence or tortious act of another. For cases of death due to the crime committed by third parties, those who have a special relationship with the victim may be liable under certain circumstances.

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