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California Law Today

Preventable surgical errors are a concern among many

As one of our California readers, you may have gone through some type of surgery in the past. Furthermore, you may be faced with the same type of situation moving forward. While most people are fortunate enough to make it through surgery without any errors, others are not as lucky.

Every year, preventable surgical errors plague thousands of people from one side of the country to the next. According to a study completed in 2012, taking into consideration data from events between the years 1990 and 2010, 80,000 of these events occurred over the 20 year time span.

Sometimes company problems extend to business litigation

Whether you're a California mom and pop shop or a corporate business with locations in multiple states, you know that no company is problem free. Challenges that face businesses of all sizes and types include the management of cash flow, creating strong customer service practices, dealing with customer service problems and ensuring resources are in the right place at the right time.

Your day is full dealing with accounting, cash flow, supply chain and sales challenges. Your nights are likely full too, as you come up with ideas for growth, mull over the latest quality struggle or worry about the future of your product or service. The last thing any company or owner wants to deal with is business litigation.

What is the statute of limitations on a personal injury claim?

If you live in the state of California and have been involved in an accident, you may have thoughts about filing a lawsuit against the negligent party. It is likely that you are aware of the complexities associated with personal injury claims. This includes a statute of limitations, which is more or less a deadline for filing a lawsuit.

This may sound complicated, but it is nothing more than a timeframe in which you must file your lawsuit if you intend on attempting to collect from the negligent party. In most cases, once the statute of limitations comes and goes, a legal claim is no longer valid and will not be heard by the court.

Sunshine Act may help in medical malpractice litigation

According to the Centers for Medicare & Medicaid Services, the National Physician Payment Transparency Program, also referred to as Open Payments or the Sunshine Act, will require manufacturers of pharmaceuticals or medical devices in California and all other states to report any payments made to teaching hospitals and physicians. The goal is to create transparency regarding the financial relationships among doctors, hospitals and these companies. This information will be available to the general public, which means it can also be accessed and reviewed for relevance when evaluating a potential medical malpractice case.

Specific payments can include purposes such as consulting, travel, research and gifts. The data will be collected by CMS on a yearly basis. It will be made available to the public through a searchable database on the CMS website. The release date for the new transparency program data is September 30 of this year. No assumptions or conclusions by CMS will be made. The point is to allow the public to apply the data to circumstances in which they are involved, or simply to monitor the information. Teaching hospitals and physicians, as well as other groups, will also be able to double-check that the information provided is accurate. This doesn't apply only to Medicare or Medicaid providers. All medical doctors, dentists, optometrists, osteopaths, podiatrists and licensed chiropractors will be included.

Malibu auto accident injures 8

Wrecks on our California highways that involve multiple vehicles always up the ante for serious injuries of the drivers and passengers. Recently, according to local authorities, a three-vehicle accident in Malibu left eight people injured. Fire officials added that one car overturned as the result of the accident.

The Los Angeles County Fire Department noted that the auto accident occurred on the Pacific Coast Highway at approximately 10:30 p.m.

When products cause harm, class actions can be part of recovery

California residents should be able to trust that products, drugs and food they use or ingest are safe. Manufacturers, who are in business to make money, sometimes choose to overlook a design flaw, cut corners in the process or disregard some safety regulation. When it comes to product liability, they often have the resources necessary to combat a lawsuit brought by an injured individual or the family of a loved one lost.

Fighting back against an unsafe product can be successful, however, when multiple injured parties stick together in a mass tort action. While it can be based out of California, this type of action can encompass a group of people nationwide who are seeking compensation for expenses or loss, and who are looking to hold a business accountable when negligence or deceit is at play.

What are some types of mass torts?

A mass tort is a civil action that has several plaintiffs who file a lawsuit in federal or state court against one or more defendants. There are several types of mass torts, but we will deal with two types that our firm regularly handles. These include:

Medical Devices

California auto accidents remain a real problem

Law enforcement officials from one side of the country to the other, regardless of the state, are aware of how important it is to decrease the number of auto accidents. By doing so, this keeps everybody on the road safer.

Despite the best efforts in the state of California, auto accidents remain a major problem throughout the area for many reasons.

How is a dispute with a California business resolved?

Small businesses or individuals who are involved in a dispute with a much larger business may have a hard time shouldering the financial risks that go along with that kind of a fight. Complex business litigation can take a long time and cost a fortune when all is said and done. Disputes such as breach of contract or claims denials by insurance companies need diligent attention and perseverance.

California has a Department of Business Oversight through which a complaint may be filed against an entity allegedly violating state law or that has acted improperly in some way. Submitting a complaint will allow the government to first determine if this department has jurisdiction over the matter. If it does, it will take the appropriate action to hold the licensee accountable for any infractions according to the applicable laws. This department primarily regulates financial businesses such as banks, mortgage companies and payday lenders.

Civil litigation can help some California families recover

Most people realize that no amount of money will replace the life of a loved one lost. But when death occurs because of medical malpractice, hospital neglect or other medical professional negligence, those left behind often need to hold someone accountable. Since these aren't usually criminal acts that can be punished, the recourse to seek compensation from those responsible is the action to take.

To that end, negligence, medical negligent failure to warn, willful misconduct and wrongful death are the claims made in a lawsuit filed by a California woman. The multiple defendants named include a prominent hospital and its affiliates who participated in the care of her mother. The complaint states they allegedly provided kidney dialysis treatments to the deceased using recalled dialysis fluid.

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GK Results

The law firm of Girardi | Keese has successfully recovered in excess of $3 Billion on behalf of our clients.
The following cases are just a small sampling of the many successful cases G&K has achieved over the years:

$4.85 billion

Settlement with Merck, a major pharmaceutical company, for personal injuries to consumers of the drug Vioxx.

$633 million

Settlements with PG&E for toxic tort injury claims by residents of Hinkley, California (made famous by the film Erin Brockovich).

$1.9 billion

Settlement with Sempra Energy on behalf of California consumers who were defrauded by the manipulation of natural gas prices.

See More GK Results

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