In 1975, the California Legislature past a law known as MICRA, which among other things limits the compensation (damages) a victim of medical malpractice or their surviving family may obtain to $250,000.00 for non-economic damages for pain and suffering, or in the case of the death of a family member for loss of love and affection. These human damages are the real loss victims and their family members suffer when a doctor is negligent. There are no similar limitations on damages for injuries due to any other type of negligence in California.
Studies have shown that these caps on damages harm victims and do not reduce the premiums doctors pay for medical malpractice insurance. www.weissratings.com/malpractice.asp
The MICRA caps have never been increased for inflation. The $250,000.00 limit in 1975 dollars is now the equivalent of about $61, 383.00 in 2009 dollars.
The tragic consequences of the MICRA limitations are seen first hand in the award winning video, “The Truth about MICRA”. http://www.caoc.com/CA/index.cfm?event=showPage&pg=micravideo
For more information about the unfair MICRA limits and what you can do about them contact California Medical Malpractice Lawyer Steven Weinberg 888-321-1022, or visit his website at www.sjweinberglaw.com.
Monday, May 11, 2009
Sunday, May 10, 2009
Stroke Warning Signs
Stroke is a medical emergency. Know these warning signs of stroke and teach them to others.
Every second counts:
-Sudden numbness or weakness of the face arm or leg, especially on one side of the body.
-Sudden confusion, trouble speaking or understanding
-Sudden trouble seeing in one or both eyes
-Sudden troubling walking, dizziness, loss of balance or coordination
-Sudden sever headache with no known cause
Call 9-1-1 immediately if you experience any of these symptoms.
Time lost is brain lost
Every second counts:
-Sudden numbness or weakness of the face arm or leg, especially on one side of the body.
-Sudden confusion, trouble speaking or understanding
-Sudden trouble seeing in one or both eyes
-Sudden troubling walking, dizziness, loss of balance or coordination
-Sudden sever headache with no known cause
Call 9-1-1 immediately if you experience any of these symptoms.
Time lost is brain lost
Saturday, May 9, 2009
Emergency Room Errors
An astounding 115 million people in America are treated in emergency rooms every year, according to a 2007 statistic released by the Centers for Disease Control and Prevention. The Journal of the American Medical Association has reported that more than 225,000 people die every year as a result of medical malpractice with emergency room errors accounting for almost half of those numbers.
An emergency room errors can mean the difference between life and death or prolonged illness and a speedy recovery. Emergency room nurses and physicians are responsible for diagnosing injuries and medical conditions accurately. When their negligent mistakes cause injury, illness or death, the injured person or the family will need help obtaining resources, information and support.
Steven Weinberg, California Medical Malpractice Lawyer has the experience and expertise to determine if a patient’s emergency treatment was delayed or incorrect, and if emergency room malpractice resulted in an injury for which damages may be recovered. Call us for an evaluation at no cost to you. 888-321-1022, or visit our website, www.sjweinberglaw.com.
An emergency room errors can mean the difference between life and death or prolonged illness and a speedy recovery. Emergency room nurses and physicians are responsible for diagnosing injuries and medical conditions accurately. When their negligent mistakes cause injury, illness or death, the injured person or the family will need help obtaining resources, information and support.
Steven Weinberg, California Medical Malpractice Lawyer has the experience and expertise to determine if a patient’s emergency treatment was delayed or incorrect, and if emergency room malpractice resulted in an injury for which damages may be recovered. Call us for an evaluation at no cost to you. 888-321-1022, or visit our website, www.sjweinberglaw.com.
Wednesday, May 6, 2009
What is Elder Abuse?
It is the neglect, exploitation or painful or harmful mistreatment of anyone who is 65 or older. It might be physical violance, psychological abuse, isolation or a caregivers neglect. It could be identity theft, or theft or embezzelment of a seniors property. ( Calif. Penal Code Sec. 368: California Welfare & Institutions Code Sections 15610.23, 1560.27)
Tuesday, May 5, 2009
Study shows doctors errors do cause injuries to patients
According to a two-year old report in the Annals of Internal Medicine, physician errors are a factor in about 60% of medical malpractice claims that involved patients allegedly injured because of missed or delayed diagnoses.
For the study, researchers at Brigham and Women’s Hospital in Boston reviewed 307 claims from four large malpractice insurers that were closed between 1984 and 2004.
181 of the claims involved diagnostic errors that allegedly injured patients; and ignored the outcomes of the claims.
Although most of the claims involved several factors, the major ones involved physician errors.
The Results
According to the study:
100 claims involved failure to order appropriate diagnostic tests;
81 claims involved failure to establish a plan for appropriate follow-up care;
76 claims involved failure to obtain an adequate H&P or PE;
67 claims involved improper interpretation of diagnostic tests.
Contributing Factors
The main factors that contributed to the physician errors included failures in judgment (79%), memory problems (59%), lack of knowledge (48%), patient-related issues (46%) and patient handoffs from other physicians (20%).
Your comments would be greatly appreciated
And so, how does this impact your thoughts on the topic; please comment?
For the study, researchers at Brigham and Women’s Hospital in Boston reviewed 307 claims from four large malpractice insurers that were closed between 1984 and 2004.
181 of the claims involved diagnostic errors that allegedly injured patients; and ignored the outcomes of the claims.
Although most of the claims involved several factors, the major ones involved physician errors.
The Results
According to the study:
100 claims involved failure to order appropriate diagnostic tests;
81 claims involved failure to establish a plan for appropriate follow-up care;
76 claims involved failure to obtain an adequate H&P or PE;
67 claims involved improper interpretation of diagnostic tests.
Contributing Factors
The main factors that contributed to the physician errors included failures in judgment (79%), memory problems (59%), lack of knowledge (48%), patient-related issues (46%) and patient handoffs from other physicians (20%).
Your comments would be greatly appreciated
And so, how does this impact your thoughts on the topic; please comment?
Monday, May 4, 2009
Heart Disease is the Leading Cause of death in America
According to the Centers for Disease Control heart disease is the leading cause of death in America.
Chest discomfort or pain is a key warning symptom of a heart attack.
IF YOU ARE HAVING SEVERE CHEST, BACK, OR BELLY PAIN OR IF YOU THINK YOU ARE HAVING A HEART ATTACK OR STROKE, IMMEDIATELY GO TO A HOSPITAL EMERGENCY DEPARTMENT. DO NOT ATTEMPT TO DRIVE YOURSELF. CALL 911 FOR EMERGENCY MEDICAL TRANSPORT
There are four life threatening conditions that can cause chest pain (1) a heart attack; (2) pulmonary embolism (3) aortic rupture/dissection (4) pneumothorax. Each of these has its own set of signs and symptoms
Because of the serious potentially life threatening consequences of heart disease, I will be wrtting on this subject frequently.
Chest discomfort or pain is a key warning symptom of a heart attack.
IF YOU ARE HAVING SEVERE CHEST, BACK, OR BELLY PAIN OR IF YOU THINK YOU ARE HAVING A HEART ATTACK OR STROKE, IMMEDIATELY GO TO A HOSPITAL EMERGENCY DEPARTMENT. DO NOT ATTEMPT TO DRIVE YOURSELF. CALL 911 FOR EMERGENCY MEDICAL TRANSPORT
There are four life threatening conditions that can cause chest pain (1) a heart attack; (2) pulmonary embolism (3) aortic rupture/dissection (4) pneumothorax. Each of these has its own set of signs and symptoms
Because of the serious potentially life threatening consequences of heart disease, I will be wrtting on this subject frequently.
Sunday, May 3, 2009
Time to repay the kindness of others
Over the years I have received help from lawyers not only from California but from around the country with experts, medical/legal issues and strategies. For those of use who have devoted our careers to helping the victims of medical malpractice and their families, it is essential that we help each other. From time to time I will post interesting and hopefully useful information and updates on medical and legal developments , published opinions, jury verdicts and the like, that maybe of use to other attorneys. I am also available to help any way I can with experts, legal or medical research or problem solving. I have some useful links on my website, http://sjweinberglaw.com/Links.html, I am also available to help by phone 888-321-1022 or email, steve@steveweinberglaw.com
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