California Injury Attorney Blog

California Health & Safety Code 1279.1 requires reporting of adverse events, to the California Department of Health, no later than five (5) days after the event was detected, or if that event is an ongoing urgent or emergent threat to the welfare, health, or safety of patients, personnel, or visitors, not later than 24 hours after the adverse event has been detected. An adverse event does include:
(1)(D) Retention of a foreign object in a patient after surgery or other procedure, excluding objects intentionally implanted as part of a planned intervention and objects present prior to surgery that are intentionally retained.

AORN Recommendation II: Sharps and other miscellaneous items should be counted on all procedures.
1. Sharps and miscellaneous items (eg, vessel clip bars, vessel loops, umbilical and hernia tapes, vascular inserts, cautery scratch pads, trocar sealing caps) should be counted
• before the procedure to establish a baseline,
• before closure of a cavity within a cavity,
• before wound closure begins,
• at skin closure or end of procedure, and
• at the time of permanent relief of the scrub person and/or circulating nurse (although direct visualization of all items may not be possible).

2. Initial sharps counts should be performed and recorded on all procedures. Performing counts constitutes a primary and proactive injury-prevention strategy. Counting sharps and miscellaneous items is not only important in preventing foreign body retention; the continuous accounting for these items can lessen injuries to those scrubbed in the sterile field.

3. Sharps and miscellaneous items should be counted audibly and viewed concurrently by two individuals, one of whom should be a registered nurse circulator. Concurrent verification of counts by two individuals lessens the risk for count discrepancies.

4. Sharps counts should be conducted in the same sequence each time as defined by the facility. This assists in achieving accuracy, efficiency, and continuity among perioperative team members. Studies in human error have shown that all errors involve some kind of deviation from routine practice.

5. Members of the surgical team should account for sharps or other miscellaneous items that may have been broken or become separated within the confines of the surgical site in their entirety. Breakage and/or separation of parts can occur during open as well as minimally invasive surgical procedures. Verification that all broken parts are present or accounted for helps prevent unintentional retention of a foreign body within the patient.

Continue reading "Adverse Events In California Health Facilities Must be Reported Within Five Days After They Are Detected Says Personal Injury Lawyer Steven Peck" »

When a person suffers a spinal cord injury, the person may face a life of disability and dependency. An active person can suddenly become an invalid, with injuries that cannot be treated by even the most advanced medical treatments. While there is always hope of a future medical advance which will cure spinal cord injuries, at present medical science is limited. A parent whose child suffers a brain or spinal cord injury may suddenly find that the child requires full-time care. A brain injury may cause a personality change, causing a spouse, parent or child to suddenly seem like a different person.

One of the true tragedies of life is that many people are catastrophically injured, but cannot recover adequately for their injuries. Legislatures throughout the country have imposed caps on "non-economic" damages, such as pain and suffering. California has a cap of $ 250,000.00 as against Health Care Providers only says California Personal Injury Lawyer Steven Peck.

The worst and most dangerous drivers often carry the lowest possible amount of insurance that the law allows, or carry no insurance at all. Few people would voluntarily allow themselves to suffer even a simple fracture of a bone, even for tens of thousands of dollars. The amount of suffering that results from living a lifetime with disfiguring scars, or with a spinal cord or brain injury, is inconceivable. Our society really should do more to take care of its own -- to make sure that people who suffer catastrophic injuries do not effectively lose their right to a reasonably normal life, just because an insurance company successfully lobbied for damages caps on personal injury or malpractice actions.

Continue reading "Catastrophic Personal Injury Victims Are Undercompensated says Peck Law Group Personal Injury Lawyer Steven Peck" »

Slip and fall accidents cause serious and sometimes catastrophic injury says California Personal Injury Lawyer Steven Peck.

According to the laws in most states, premises liability law places a duty upon property owners to maintain their property in a reasonably safe manner and to guard against unsafe conditions that could cause an accident. .

Most slip and fall cases involve injuries resulting from unmarked/uneven stairs or step-offs, slippery floors, and unstable stair railings. Common injuries associated with slip and fall cases include broken bones and necks, severe bruising, concussions, all causing serious personal injury.

Premises liability law usually requires that an injured individual prove that a property owner disregarded an unsafe condition, was negligent in repairing a dangerous situation, and/or failed to warn of foreseeable dangers. As with any personal injury action, documents and information relating to the scene of the accident may help an injured individual prove his or her case. Thus, contacting a Peck Law Group personal injury lawyer quickly may allow you to recover information about the unsafe condition before changes are made.

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In California, you can legally drive a Mercedes Benz, but state law only requires you to carry $15,000/$30,000 liability insurance. Where is the sense in that? Your vehicle is capable of wreaking havoc in even the most minor of accidents. Moreover, if you cause a serious and catastrophic injury because of your negligence, and are "judgment proof," as many people driving on California roads are, there is a very low likelihood that the person you hit is going to be adequately compensated from your minimal insurance policy. Put the shoe on the other foot. What if you are walking to dinner, and struck in a cross-walk by an inattentive person driving their brand new BMW 750 carrying the minimum insurance required by law, and you sustain serious life threatening injuries such as spinal cord, brain or auto accidents Is the $15K going to adequately compensate you for the months of physical therapy you will have to undergo to rehabilitate from that injury? What if you have to take of months of work? You would be seeking your loss of earnings from that same $15,000 policy.

One of the more frustrating (and sometimes heartbreaking) things that I often come across representing catastrophically injured parties is either the total lack of uninsured motorist (UM) coverage or totally inadequate limits, such as a $15,000/$30,000 UM policy. I think back to a recent wrongful death case where the plaintiff's decedent was struck by an underinsured SUV that ran a stoplight, and the family had only a $15,000.00 insurance policy to chase. They ended up losing their home because there simply was not a viable defendant to pursue for that loss.

What is even more frustrating to me is that consumers are unaware of the relatively low cost to "up your coverage." Oftentimes, for less than another$60- $100/year in premiums, you can purchase 100K/100K UM coverage or even higher. I actually recommend carrying at least 500/500 UM coverage if you drive in California. There are many uninsured drivers out there. Remember, it is your responsibility to protect yourself in advance. Think about what kind of money you would need to tide your life over while you recover from a major injury if the person who injures you is uninsured/underinsured.

Continue reading "Serious and Catastrophic Personal Injury Must Be Adequately Compensated" »

Accidents involving big trucking rigs can often be the most serious and catastrophic injury says California Personal Injury Lawyer Steven Peck.

Many truck drivers suffer from sleep apnea, and it's a serious problem.

Sleep apnea is a condition that causes a person's throat to close up during sleep, interrupting their breathing. People who suffer from it get less sleep as a result, even if they don't realize it, and this can cause severe fatigue. Clearly, that's a problem for a trucker.

According to one report, research indicates that as many as one in four truckers suffers from sleep apnea. Not all of those are diagnosed, and some of them might be diagnosed but untreated.

Continue reading "Sleep Apnea May Be A Distinct Cause of Serious and Catastrophic Trucking Accidents" »

Any brain function can be disrupted by brain trauma: excessive sleepiness, inattention, difficulty concentrating, impaired memory, faulty judgment, depression, irritability, emotional outbursts, disturbed sleep, diminished libido, difficulty switching between two tasks, and slowed thinking. Sorting out bonafide brain damage from the effects of migraine headaches, pain elsewhere in the body, medications, depression, preoccupation with financial loss, job status, loss of status in the community, loss of status in the family, and any ongoing litigation can be a formibable task.

The extent and the severity of cognitive neurologic dysfunction can be measured with the aid of neuropsychological testing. Neuropsychologists use their tests to localize dysfunction to specific areas of the brain. For example, the frontal lobes play an essential role in drive, mood, personality, judgment, interpersonal behavior, attention, foresight, and inhibition of inappropriate behavior. The ability to plan properly and execute those plans is known as "executive function." Frontal lobe injury is often associated with damage to the olfactory bulbs beneath the frontal lobes. Patients may note reduced or altered sense of smell. One recent study (Varney 1993) showed that 92% of brain injured patient suffering anosmia (loss of smell) had ongoing problems with employment, even though their neuropsychological testing was relatively normal.

The effects of brain injury on the patient may be equaled or even surpassed by the effect on the patient's family. Brain injuries are known for causing extreme stressors in family and interpersonal relationships.

In general, symptoms of traumatic brain injury should lessen over time as the brain heals but sometimes the symptoms worsen because of the patient's inability to adapt to the brain injury. For this and other reasons, it is not uncommon for psychological problems to arise and worsen after brain injury.

Continue reading "The Symptons of Traumatic Brain Injury" »

A serious injury includes catastrophic injuries like severe auto accidents, spinal injuries or brain damages. Serious personal injury claims are made by individuals who have endured these form of catastrophic injury. Because of serious personal injury claims involving much more struggling by the injured particular person, it follows that the compensation compensated is comparatively large says California Accident Attorney Steven Peck.

Financial compensation that is certainly awarded by the way of the courts is created to cover healthcare costs, care expenditures, pain and suffering, and loss of income. Since the expenses of an injury are currently higher for serious personal injury claims, the total compensation can usually be extremely higher. The reasonably large payouts concerned in serious personal injury claims indicate that they're contested a lot more fiercely that much more prevalent injury circumstances.

When you are ready to file a claim you should really consider using only an established Peck Law Group lawyer which specializes in serious personal injury claims. There are lots of solicitors and claims firm who willingly to represent you in these situations but none of these will match the service you'll obtain from a Peck Law Group Personal Injury and Accident Attorney.

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A worker was reportedly killed in an accident involving a cement truck at a local work site

The 49-year-old man, a subcontractor , was run over by cement truck while working at a construction site says Los Angeles Personal Injury Lawyer Steven Peck.

The man's job was to test concrete and stone to make sure it meets standards. He reportedly poured a sample into a wheelbarrow and was taking it to his truck when he heard the beeping signal from the cement truck that was backing up.

Witnesses say he was hurrying to get out of the way of the truck when he stumbled over the wheelbarrow and was run over by the vehicle causing his wrongful death.

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Personal injury claims are the best way to protect yourself financially after sustaining an injury from someone else's actions or lack thereof says Los angeles Personal Injury Attorney Steven Peck.

There are many things that you should know before filing a claim these include some laws and tricks for winning the court case. The first thing you need to know about injury claims are the circumstances that are required for you to get compensation from another person. You must be able to prove that your injury was caused by someone else's actions. For example, if a driver is going 25 miles an hour over the speed limit and hits you then the liability is on him to pay for the damage. Generally, the police report will state whose fault, the accident and this is the primary document you need in a court of law in order to obtain compensation.

Another document that you will need in order to obtain compensation is the medical records. This document will do a lot of things first it will outline the damage that was caused a.k.a. Head injury it will also explain the seriousness of your personal injury. It will also give a time for coverage so the courtroom can adjust the amount of compensation that you get. Furthermore, this document will be used for deciding what medical expenses needs to be paid for, this include the checkups, medication, and any other medical bills.

These cases can be very tricky depending on a couple factors the first, and the most crucial factor is the blame/negligence. If the police report clearly states that it was the defendant who injured the accuser by negligent actions or illegal actions then you should have an easy case. If the details are not as clear, for example if there is a weather storm that could have caused that person to injure you then it can make a case much more difficult and a lawyer is generally recommended. Legal matters can be very complicated and having a lawyer/legal expert can really assist you in winning the case. Ultimately, it will depend upon how much do you actually need the compensation. If you need the compensation then getting a lawyer is probably the best way to go.

Continue reading "Personal Injury Claims Deserve To Be Adequately Financially Compensated" »

As you are filling out a job application you will notice that some require you go to a lab to be tested. We are talking about types of drug test pre employment. The application will state that in order to be hired to work for that particular company, you must allow them to test you for drugs. You may also be tested any time they deem fit, for any reason. Additionally, if you are injured and found to have drugs in your system this might adversely effect your personal injury lawsuit says Los Angeles Personal Injury Attorney Steven Peck.

Many employers will choose the urine tests because it is not invasive in comparison to a blood test. Mostly they are looking for illegal drugs in your system. It is very important to make your personal injury attorney aware of any prescription drugs you are taking, as well as any over the counter drugs you take. Both prescription and over the counter drugs can make the lab result a false positive for illegal drugs.

The tests are specifically for weed and cocaine use. Along with amphetamines, which are known as speed or uppers. Works with other drugs as well. One urine test will detect all five of these drugs. This is lab test that most employers choose for their employees because it picks up so many illegal drugs in your system.

Continue reading "Testing Positive For Cocaine and / or Marajuana May Have A Detrimental Effect On Your Personal Injury Case" »

A catastrophic personal injury can cause an individual both tremendous physical and emotional pain. It may also devastate an individual's quality of life, and impair their ability to work at the same capacity as before. Many times the events that lead to these types of injuries are the direct result of another party's actions, or at times may be due to negligent failure to take action. The party that is responsible for the injuries is said to be "at-fault" and the injured party may sue for damages. Individuals who have been injured by the carelessness, or sometimes even intentional actions, of others may have a personal injury premises liability case indicates Los Angeles Personal Injury Attorney Steven Peck.

Negligence is the most common type of actionable conduct in a lawsuit for personal injury or wrongful death and is also the most common type of premises liability cases. The courts apply a legal standard to determine if the injury, death or damage was caused by another person's negligence. The critical issue in many personal injury premises liability cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person or company is negligent when they fail to act like the standard "ordinary reasonable person." The determination of whether a given person has met their "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial. A person, in many premises liability cases, may just as easily be a company or corporation as a single person.

Property owners, especially businesses such as restaurants or shopping centers, have a legal responsibility to maintain their premises so that others are not injured by dangerous conditions. This can include anything from liquid spills on the floor, ice on a walkway, falling ceiling tiles or other even more serious permanent hazards. If an individual sustains a significant injury from a slip and fall incident, for example, the property owner may be sued under premises liability laws. Knowledge of, and intentional disregard for, the hazardous condition generally must be proven in order to establish liability. There are many possible circumstances that could cause an individual to incur a serious injury, and it is best to consult with an Peck Law Group attorney to determine if there is a claim for premises liability.

Damaged or hazardous sidewalks, poor outdoor lighting, weak locks, inadequate security and/or general poor building management endanger many premises liability victims. In addition people harmed by domestic animals may also bring personal injury lawsuits under premises and other local ordinances and laws.

However, an individual does not have to suffer an injury to bring about a premise liability lawsuit. Lawsuits may be brought if there is damage to a person's property from another's premises. There only needs to be consideration of whether the damage was the result of someone else's fault. The damages could occur by a defective or unexpectedly dangerous product or construction, and then compensation could possibly be recovered from the maker or seller of the product. It is not always necessary to show that the manufacturer was actually negligent.

Also, persons or companies engaging in the use of explosives, who are improperly storing dangerous substances, or who are performing questionable activities can be strictly liable for harm caused to others as a result of such activities. The theory behind imposing strict liability on those conducting these activities is that the activities pose an undue risk of harm to members of the community. Thus, an individual who conducts these types of activities does so at their own risk. They are liable when anything wrong happens and/or a person or something is harmed. These liability laws have been designed to ensure that the people who create certain risks are made accountable.

If a person or company is found liable for premises related injury or damage then the responsible parties liability insurance company is compelled to pay the injured party for: medical care and related expenses; income lost because of the accident; permanent physical disability or disfigurement; loss of family, social and educational experiences; emotional damages, such as stress, embarrassment, depression or strains on family relationships; and/or any damaged property. This same liability insurance must also pay for physical damages that may have been caused to any "real" property. These "damages," are financial funds intended to restore the victim or the property to the position they were in before the injury or damage was sustained.

Every state has certain time limits, called "statutes of limitations," which govern the amount of time a person has to file a personal injury lawsuit, including those for premises liabilities. If the deadline for filing a case is missed then the claim(s) can be dismissed. Consequently, it is important to speak with an Peck Law Grouppersonal injury attorney toll free at 1.866.999.9086 as soon as this type of injury or any damages occur.

Continue reading "Catastrophic Personal Injury Can Cause Devastating Physical and Emotional Pain Indicates Los Angeles Personal Injury Attorney Steven Peck" »

When someone suffers from a catastrophic and serious injury they will likely suffer from a permanent disability associated with that injury. Having an injury that you are not expected to recover from is life altering, regardless of the nature of the injury. It is likely that if you have suffered from some form of catastrophic injury such as paralysis that you will have to undergo intensive, perhaps daily, therapy and that you may have to find new ways of doing basic things.

There is a range of injuries that can be described as catastrophic including paralysis, brain injuries, amputations, back and neck injuries and organ damage. All of these types of injuries result in some form of permanent damage to the body.

If you have suffered from paralysis, a brain, back or neck injury or had a limb amputated the Peck Law Group can help you immediately says Los Angeles Personal Injury Attorney Steven Peck.

Continue reading "Catastrophic and Serious Injury Causes Permanent Disability and Pain and Suffering" »

When an injury occurs in the neck area of the spine, and the individual vertabrae become fractured or dislocated, the neck can be described as broken says California Personal Injury Lawyer Steven Peck.

The neck area of the spine is refered to as the cervical area. Cervical vertebrae (neck bones) are the top 7 bones in the spinal column. These top 7 bones form the top part of our "backbone" and they also serve to protect the spinal cord from injury. If the vertebrae are broken or severely dislocated, but the spinal cord is unharmed, then no neurological problems result. People with this type of injury are treated very carefully while the bones heal to avoid damage to the spinal cord.

If the spinal cord is bruised or partially damaged due to swelling or laceration, then quadriplegia or other neurological problems may occur. If the spinal cord is severely injured and this injury is at or above the fifth cervical vertebra (C5), then breathing may be effected and the person may die from asphyxiation. In order to help someone breath, a hole is cut into the windpipe (trachea), and a tube inserted which is connected to a ventilator to supply the lungs with oxygen.

The portion of the cord that controls breathing via the diaphram is about C3 through C5. If the damage is below C6, then paralysis may occur, but breathing would be left intact although at a reduced capacity.

However, if the cord is severely injured or transected (cut or torn in half), there is sudden loss of nerve supply to the entire body, including the heart and blood vessels. The victim may suffer a sudden and profound drop in blood pressure (BP) This is called "spinal shock."

If you think someone could possibly have a spinal injury, DO NOT move the injured person even a little bit, unless it is absolutely necessary (like getting someone out of a burning car).

Continue reading "Broken Neck Can lead To Serious Personal Injury and Complications Says Los Angeles Personal Injury Lawyer Steven Peck" »

If you have suffered a personal injury due to an accident that wasn't your fault, you may be entitled to compensation.

'No win, No Fee' entitles you to make a claim for compensation that bares no obligation. Win or lose, you don't have to pay a penny. If you claim is accepted, you will receive compensation.

With that in mind, here are 8 justifications for contacting a Peck Law Group Personal Injury claim Lawyer toll free at 1.866.999.9085.

1. Financial Loss

Personal injuries can often lead to a loss of earnings. Perhaps you had to take time of work for several weeks or month and subsequently suffered a considerable about of financial loss, or missed out on bonuses you were on target for. Either way, a Peck Law Group Lawyer will take all of this into consideration and will be able to compensate you for any financial loss you have suffered due to personal injury.

2. Daily Lifestyle

If your personal injury has affected your day-to-day lifestyle, perhaps your injury has caused you to be unable to drive, do the housework, or affected your sleep pattern, a Peck Law Group Lawyer will take all of this into consideration when pursuing your claim for compensation.

3. Long Term Disability

If the impacts of the personal injury are long term, causing anything from disability requiring medical treatment, care at home or caused any permanent disfigurement, you could be entitled to a large pay-out.

4. Psychological Trauma

If the accident has left you with psychological trauma, you may be entitled to claim for compensation to help you deal with the issues you're facing.

5. Medical Expenses

Personal injury can also cost a considerable amount of money, particularly if you have suffered a severe injury. Some injuries also require ongoing physiotherapy, which can be expensive and disruptive to your life. A personal injury may also be able to recover any medical costs that you have had to pay out of your own pockets.

6. Personal Possessions

Sometimes, possessions will be damaged through an accident that was no fault of your own. These will also be taken into consideration and may be compensated for so that you can replace them.

7. Quality Of Life

Significant health problems, such as a spinal or brain injury, may make it impossible or very difficult to work in the future, making it difficult for you to achieve a good standard of living. Your Peck Law Group Lawyer will ensure that you receive the maximum amount of compensation that you are entitled to by law to contribute towards improving your quality of life.

8. Family

If the accident has led to someone's death, the bereaved may be entitled to claim compensation and also take legal action against those responsible for Wrongful Death.

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When you are involved in an accident that results in injury to you, whether it be from a car accident or a slip and fall on another person's property, your first step in making a claim for your injuries always starts with an insurance company. It is not uncommon for an insurance company to contact you rather quickly following an accident in which you were involved. If you don't hear from the insurance company right away, you should make contact with the person who caused your injuries, and/or the appropriate insurance company in order to let them know that you are making a claim for your injuries says Los Angeles Personal Injury Lawyer Steven Peck.

An insurance company is initially represented by a claims adjuster, or a person who is responsible for processing and handling your claim. You must always remember, however, that the claims adjustor is not representing your interests, but is representing the insurance company. In other words, the goal of the claims adjustor is keep costs as low as possible for the insurance company, whereas your goal is to get the best settlement possible for your claim.

You'll also want to remember that you should not give detailed information to the claims adjustor about the accident or your injuries. If you give the claims adjustor these details, you might adversely affect your ability to get resolution of a claim. For instance, if you tell the claims adjustor a detail that puts you at fault for the accident, the insurance company then may not be willing to settle your claim at all. Contact The Peck Law Group before ever talking to an insurance adjuster.

With that said, there is no reason not to speak with a claims adjustor, particularly if you have suffered only minor injuries and/or damages. The claims adjustor typically will want copies of any medical bills related to your injuries, as well as estimates to repair any damages, such as damages to your vehicle in the case of a car accident.

At some point, the claims adjustor may offer you a settlement. Once you accept a settlement offer in writing, you must also sign a legal document that releases the person who caused your injuries, as well as his or her insurance company, from all further claims related to your accident. This means that once you have settled your claim, you can't go back later and claim more medical expenses or damages arising from the accident. Therefore, if you think you will have future medical expenses as a result of the accident, then you should probably wait before settling your claim and contact the Peck Law Group. We will Help You!!!

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