Hogan Injury > Blog > medical negligence

How the Timing of Giving Medicines Leads to Negligence

By | November 24th, 2013

QUESTION: Does California State law state that medications for children can be given one hour before or after the stated time before it is considered negligent? ANSWER: The California State Law does not provide for a specific period of giving medication for children. Where a negligence action is predicated on defendant’s violation of a statute, ordinance or public entity safety regulation, plaintiffs may be entitled to the benefit of the “negligence per se” doctrine in establishing their prima facie case. This doctrine presumes defendant’s duty and breach (failure to exercise.

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Incorrect Drug Prescription Leading to Cancer Risks

By | September 5th, 2013

QUESTION: My mother-in-law was diagnosed with stage 4 gastric cancer in July 2012 and she is currently under treatment. She had been taking the drug azathioprine for Crohn’s disease. Immediately upon diagnosis she was ordered to stop azathioprine. After doing some research, we found that azathioprine is a known carcinogen and increases risks of cancer. What kind of attorney do we need? What information are necessary for us to pursue a case against a prescription drug company? ANSWER: You need a lawyer specializing in personal injury cases. Many personal injury.

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Medicine Intoxication Resulted to Injuries and Eventual Death

By | July 29th, 2013

QUESTION: My mom was 86. Back in 2010 she was prescribed 10mg of amitriptyline for arthritis pain. In 2011 the refilled same drug at 100mg. The following morning after she took her pain pill, my mom was over intoxicated from the med. Since then, her health went down entirely, which caused her to move out here with me in Modesto. A lot of other medical complications followed since that incident. She was admitted to the hospital after having chest pains and lots of fluid in her body. They had her.

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Unaware of Patient’s Hip Injury from a Previous Surgery

By | July 19th, 2013

QUESTION: Doctors broke the patient’s hip in a surgery done in Ohio in 2004. They put the hip in a 15-degree angle and did not notify the patient of what they did. The patient did not know the extent of the injury or damage until a surgeon in California did MRI and X-rays to see what the problem was. Between the surgery in 2004 until April 24, 2013 the fed has come out 8 times. The patient did not know of the injuries in the Bed Medical attention that she.

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Critically Ill After Being Carelessly Attended by a Physician

By | July 16th, 2013

QUESTION: I went to the hospital on June 24 complaining about stomach pain. The doctor only saw me for less than 10 minutes and was very rude. He didn’t give me any blood work or anything when I complained about serious stomach pain. He said he couldn’t do anything for me and that I would have to go to my regular doctor, which I don’t have. He just rushed me out and prescribed pain killers and pills to stop vomiting. He didn’t give me any antibiotics. I went home and.

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Bronchial Damage from Negligent Surgery: Do I Have a Case?

By | June 24th, 2013

QUESTION: I had a gallbladder surgery in February. Four days later I began to complain about sore throat and cough. My PCP said there was nothing wrong. I went to the ENT who saw the torn uvula. He stated this happens during improper intubation during surgery. Then I went to the Pulmonist calling for a bronchotomy to assess airway and voice box damage. Can I sue an anesthesiologist for causing a torn uvula and bronchial damage? Does the paperwork that is signed when you go to the hospital void your.

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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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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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Wrongful Death Claims and the Proper Steps to Take

By | March 7th, 2013

QUESTION: My father died from a leak in his colon, causing him to have heart failure. Two days before his death, his physical therapists came to his room and picked him up under his arms and transferred him to a chair, putting all his weight on the lower part of his body. I have been very ill even if it has been more than a year since my father’s death. What circumstances allow for a wrongful death suit? ANSWER: For a wrongful death cause of action, there must be a.

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