If you believe you or a family member have been a victim of medical malpractice you should be aware of some of the most important provisions of the Medical Injury Compensation Reform Act of 1975 (MICRA).  This enactment more than 35 years ago imposes certain restrictions and limitations on civil actions that most malpractice victims would likely consider unfair, or at least outdated.  If you believe a doctor or other health care professional has committed malpractice, below are some of the California rules you should keep in mind before filing such a case.

First, unlike other types of personal injury lawsuits (in which the statute of limitations is two years), an action against a health care provider must generally be filed within one year from the date of the alleged malpractice.  The timing for cases involving small children is, however, considerably longer.  Additionally unlike other defendants in injury cases, a health care provider is entitled to a 90-day warning that a lawsuit is going to be filed.  In theory, the Notice of Intent was intended to allow the health care provider the opportunity to resolve meritorious claims before a lawsuit is filed and the reputation of the doctor further tarnished.  In practice, this almost never works as medical negligence cases are rarely settled before a lawsuit is filed with the court.

Perhaps the next most important difference between medical malpractice lawsuits and those involving other types of personal injury claims is what is commonly referred to as the "MICRA cap".  Under the rules enacted more than 3 decades ago, the limitation on recovery for pain and suffering (so-called "non-economic" damages) is $250,000.00.  There is generally no limitation whatsoever in other types of personal injury cases.  The absurdity of this rule is perhaps best demonstrated by the following: If a physician were to carelessly run you over in his car on his way to the hospital one day (causing injuries requiring amputation of both legs), you would be able to recover the full amount of your injuries and damages against the doctor, in the millions of dollars.  However, if that same physician on the same day committed medical malpractice during your care, causing you to lose both legs, your compensation for exactly the same injuries would be only $250,000.00.  Maybe this limit was fair and justified back in 1975.  However, more than 35 years later (with not so much as a penny increase for the inflation/cost of living rate) it often works a substantial injustice in today's world.

Finally, in California courtrooms and particularly those in Orange County, juries very often favor the physician and his or her side of any malpractice case.  Generally speaking, physicians prevail in roughly 90% of the medical malpractice cases going to a verdict in Orange County courtrooms.  That juror bias is often difficult to offset, even in the strongest of cases.  This, and the MICRA cap referenced above, generally translate to lower settlement values, even for very strong cases.

Fair compensation for victims of medical malpractice should be an important concern for all Californians.  When a physician carelessly harms a patient, they should be held accountable.  An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 21 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of medical malpractice?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A new study at Stanford University has revealed that "minimally-invasive" weight loss surgery is "safer" than an open procedure.  The minimally invasive surgery is performed via a scope with only small incisions being made in the abdomen, the laparoscopic technique.  The open procedure involves a more traditional, larger abdominal incision.  According to the study, fewer patients undergoing the minimally-invasive weight loss surgery suffer complications, and they tend to leave the hospital sooner.  

See the Fox News report and article summary HERE.  

While there are a number of different approaches to weight loss surgery, all of the techniques generally involve reducing the size of the stomach to lessen food intake and calorie absorption.  No matter how performed, these surgeries carry with them substantial complication rates.  For example, the researchers in this new study found about 1 in 5 patients undergoing open surgery had at least one complication -- such as developing pneumonia or needing a blood transfusion -- compared to just over 1 in 8 patients who had less-invasive surgery.  There is also a death rate among open procedure patients of 1 in 500 and a rate of about 1 in 1,000 among those who had laparoscopic surgery.  If all of this were not enough, the failure rate among all weight loss surgeries is reportedly as high as 30%.  This is apparently to say nothing of the rate of malpractice committed by weight loss surgeons, which does not appear to have been the subject of any study.  With all of this to be taken into account, is weight loss surgery really safe?

Compensation for victims of medical malpractice committed by weight loss surgeons should be an important concern for all Californians.  When a physician carelessly harms a patient, they should be held accountable.  An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 21 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a botched weight loss procedure?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

On Friday, it was announced that Southwest Healthcare System has been fined $100,000 by the California Department of Public Health for failures in procedures that led to the death of a baby during delivery.  According to an article in the Press Enterprise, this latest fine was imposed as a result of substandard nursing care that occurred at Rancho Springs Medical Center in Murrieta.  A delivery nurse failed to timely alert a physician when the nurse could not find a steady fetal heartbeat.  The baby was thereafter delivered by cesarean section but had no heartbeat and was not breathing.  After 30 minutes of resuscitation efforts, the baby was pronounced dead.

Read the full Press Enterprise article HERE.

Unfortunately, the scenario described above is not an unfamiliar one.  In a busy hospital setting, nursing neglect occurs, and it often happens during labor and delivery.  The failure to closely monitor a baby's heart rate (especially decelerations) sometimes occurs and leads to tragic results.  When a baby is in distress, and conservative measures have failed (such as repositioning the mother, etc.), then an emergent c-section becomes necessary to ensure the baby does not sustain significant oxygen deprivation (anoxia) and related brain or other injury. Oxygen deprivation during delivery can lead to brain injury, blindness, cognitive and learning disabilities, physical disabilities, and even death.  As in the case above, when the emergent delivery is necessary to prevent prolonged oxygen deprivation, and that delivery is delayed because of malpractice, the injured child and their family may be entitled to compensation for the resulting injuries and damages.

Compensation for victims of medical and nursing malpractice should be an important concern for all Californians. When a physician or nurse carelessly harms or kills a patient, they should be held accountable. An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of nursing or medical error during labor and delivery?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

 In spite of the media attention given to plastic surgery nightmares, many patients are still not doing their homework before selecting a cosmetic surgeon.  Unfortunately, because performing cosmetic procedures is a lucrative area of practice, many unqualified and poorly trained physicians are attracting patients who want to improve their appearance.  The results produced by these surgeons are often unappealing and occasionally even life-threatening.  To lessen the risk of a bad outcome a patient seeking plastic surgery should do at least some research into the practice history and qualifications of their surgeon.

When selecting a surgeon you should first ensure they are licensed to practice medicine in California and have at least a few years in practice under their belt.  You can do this by simply researching the doctor's name on the California Medical Board website.   This will also let you know if the doctor has a history of discipline by the Board and whether they have any reportable verdicts/settlements.  Since not every lawsuit or settlement is disclosed on the Medical Board's website, you should also look to the Orange County Superior Court's website to see if the doctor has a substantial history of lawsuits filed against them for malpractice.   One or two lawsuits filed in the course of a long career may not be a concern.  However, wouldn't you want to know if your doctor had ten lawsuits filed against them in the last five years?  Of course you would.  Finally, it is almost always a good idea to go to a plastic surgeon who has completed at least the minimum requirements to be board certified by The American Board of Plastic Surgery.   While board certification is no guarantee the doctor will comply with the standard of care in any particular case, it may bring some level of assurance to the patient that the doctor is competent.

The list above is certainly not an exhaustive one in terms of best ensuring you select a good plastic surgeon.  You can also speak to the surgeon directly about their level of experience with a particular procedure.  Also, a good number of surgeons, if not the majority, will have photo galleries of their work for you to review either in their office or online.  With all of the resources available, finding a competent doctor is much easier now than it was 15 years ago.  Despite this, victims of medical malpractice often learn for the first time their doctor was unqualified only after their lives have been turned upside down.

Compensation for victims of medical malpractice committed by plastic and cosmetic surgeons should be an important concern for all Californians.  When a physician negligently harms a patient, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 20 years of experience handling personal injury and medical negligence cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of plastic surgery malpractice?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

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A Rowland Heights doctor has been arrested and charged with second degree murder in connection with the prescription drug overdose deaths of three patients.  According to a report by KTLA news, Hsiu-Ying "Lisa" Tseng, D.O., was arrested Thursday pursuant to a felony complaint filed by the Los Angeles District Attorney's Office.  The alleged victims include Vu Nguyen, 29, of Lake Forest, on March 2, 2009; Steven Ogle, 25, of Palm Desert, on April 9, 2009; and Joseph Rovero III, 21, a University of Arizona student from San Ramon.  Citing official sources, KTLA reported that OxyContin, Vicodin, Xanax and Valium were all unlawfully distributed by Tseng out of  her Advanced Care AAA Medical Clinic.

See the KTLA news report and video HERE.

A review of the Osteopathic Board website reveals Tseng stipulated on February 29th to surrender her license to practice medicine in California, which will take effect on March 14th.  Unfortunately, deaths caused by prescription drug overdoses appear to be on the rise, and high profile cases like that involving Tseng and Dr. Conrad Murray (found guilty of  involuntary manslaughter in connection with the death of Michael Jackson) are becoming more and more common.  It would appear these "feel good" doctors simply lose site of their ethical obligations to their patients and perhaps place their own economic interests ahead of their patients' needs.  Such misconduct may not only give rise to criminal culpability, but to civil liability for wrongful death as well.  The victims and/or their families, under California law, are entitled to compensation for the injuries and damages caused by doctors who breach the applicable standard of care and commit medical malpractice.  When a physician prescribes powerful pain or anesthetic medication without a legitimate medical reason, the doctor commits a blatant case of malpractice that is often a crime as well.

Compensation for victims of medical malpractice committed by unethical, "feel good" doctors should be an important concern for all Californians. When a physician recklessly harms or kills a patient with prescription medication, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a "feel good" doctor?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

An Orange County plastic surgeon, Mark Anthony Knight, is being sued by a woman who claims he gave her enormous breast implants, even though she had consulted with him about a breast lift surgery.  Knight, who surrendered his medical license amid allegations of sexual misconduct, reportedly performed the breast augmentation surgery just days before losing his license.  The patient, Elisa Geraci, alleges she wanted a breast lift after losing a large amount of weight, but Knight recommended a $3,500.00 augmentation procedure instead.  After the surgery two weeks later, Geraci claims she awoke to find enormous implants and a body that made her feel like a "monster."   She eventually went to another plastic surgeon who removed the implants and performed a breast lift.

See the KTLA story and photograph HERE.

Patients looking for plastic surgery should keep in mind that cosmetic surgeons are not always looking out for their best interests.  Unscrupulous doctors will sometimes make promises that cannot be kept and will lead a patient to believe unrealistic results or changes in their appearance can actually be achieved.  They sometimes do this in order to keep the patient happy and ensure the doctor will make money from the surgery performed.  When confronted with unrealistic patient expectations, the standard of care requires a plastic surgeon to so inform the patient and make clear what can be done via a particular surgery, even though the patient may then opt to see another surgeon.   In the case above, while it is possible to give the appearance of "lifted" breasts by way of an augmentation, the implants themselves can contribute to drooping because of their weight.  The augmentation procedure itself is simpler than a breast lift and perhaps Knight recommended a procedure he found easier.  It is also interesting to note the cost of the augmentation appears to be well below the community norm for such a surgery, perhaps an indicator of the quality of service.

Compensation for victims of medical malpractice committed by plastic and cosmetic surgeons should be an important concern for all Californians.   When a physician carelessly harms a patient, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a botched cosmetic procedure?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

On December 30th, an Orange County doctor, Dariush Javanshir, M.D., finally lost his license to practice medicine in California after the Medical Board found the doctor had overprescribed pain and anxiety medication to a depressed patient who died of an overdose.  Javanshir, who has a long history of Board discipline and malpractice lawsuits, was last practicing medicine in Irvine.   According to an article in the Orange County Register, the doctor did not contest the Medical Board's revocation of his license, and his office number is disconnected.  Javanshir's history of discipline by the Board goes all the way back to 1995, when he had been in practice here in California for 10 years.   In that first case, Javanshir was accused of prescribing controlled substances and dangerous drugs in such a manner so as to cause the patient to become addicted.  That alleged misconduct actually began just one year after the doctor received his license to practice in this State.  After roughly 25 years of practice from the date of his first breach of community standards, Javanshir has just now lost his license to treat patients.

See the Orange County Register article HERE.  Also, see the Orange County Superior Court index of civil lawsuits HERE.

What this case demonstrates is that even with multiple actions filed by the Attorney General's Office and discipline by the Medical Board, as well as a number of civil lawsuits having been filed, a doctor's license and his ability to harm patients is not significantly compromised.  From his track record, it looks as though Javanshir was either not competent to practice medicine within community standards or consciously disregarded those standards for his own personal reasons or gain.  In spite of this, he apparently continued to operate a lucrative medical practice in Orange County, and it appears he has only been stopped now because of his connection to a patient's death.  With the information now available online to potential patients, it is always a good idea to review the background of any doctor with whom you are considering treatment.  A search of the court records and Medical Board website will often, but certainly not always, provide information useful in determining whether a particular doctor possesses the level of skill, knowledge, and care that other reasonably careful doctors in the same area of practice possess.

Compensation for the victims of medical malpractice committed by unqualified, careless or even reckless doctors should be an important concern for all Californians.   When a physician without the necessary training and experience harms a patient, they should be held accountable.  An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a negligent physician?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

According to a recent KTLA news story, an urgent care doctor at Loma Linda University Faculty Medical Group has been arrested and now stands accused of sexually molesting a number of his female patients.  The doctor, Ramon Fawzi Fakhoury, 35, has only been in practice in California since 2003.  The alleged assaults reportedly took place in June and July of this year.   One of the alleged victims is a 32-year-old woman who was treated by Fakhoury for chest pain in July. Two days after she was seen, the alleged victim reported to police that Fakhoury sexually assaulted her during the exam.  Fakhoury is now facing eight felony charges, and the Attorney General's office has filed a formal Accusation against him with the California Medical Board, claiming professional misconduct involving at least four patients.  Authorities say there may be additional victims.

See the KTLA news story HERE.   You can also review the documents filed with the Medical Board HERE.

The information on the Medical Board's website indicates Fakhoury is a graduate of a Caribbean medical school who has only been licensed as a physician for eight years.  It does not appear he had any history of discipline as of the time he reportedly molested at least four patients while working at the Loma Linda urgent care facility.  However, it is unknown what history of similar incidents may have been reported to other employers or medical groups with whom Fakhoury worked in the past.  According to the Medical Board's investigation, Fakhoury only worked at the Loma Linda urgent care for two months, between June and July of this year.  The Medical Board's website lists Fakhoury as practicing in family medicine, with no apparent board certification.  Assuming the truth of the allegations against him, Fakhoury could be facing considerable civil and criminal responsibility for the sexual assaults.  It remains to be seen whether Loma Linda University was negligent in hiring, training and/or supervising Fakhoury so as to cause or contribute to the happening of these incidents.

Compensation for victims of sexual assault perpetrated by a physician should be an important concern for all Californians. When a doctor molests a patient and causes them physical and/or emotion harm, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a sexual assault at the hands of a doctor?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

An incredible story of malpractice has been reported out of Miami, Florida.  A number of alleged victims have come forward alleging a woman posing as a doctor and promising buttocks enhancement pumped their behinds with a toxic concoction of cement, superglue and flat-tire sealant.  According to a report by the Associated Press, the "doctor", identified as Oneal Ron Morris (who police say was born a man and identifies as a woman) was arrested last week after nearly a year of being sought and charged with practicing medicine without a license, causing serious bodily injury.  One victim, who was reportedly looking to get a job at a nightclub and wanted a curvier figure, paid Morris $700 for the injections in 2010. Morris allegedly used some type of tubing and inserted the toxic chemicals into her backside during a painful procedure.  This resulted in hospitalization and extensive home health care, according to the AP report.  Other alleged victims have also suffered serious injuries.

See the Yahoo news/Assoiated Press story HERE.

What the story above demonstrates is that many people looking to have cosmetic surgery turn to those health care providers offering the least expensive treatment.  Not only can this prove embarrassing but also potentially deadly.  A patient looking to have any type of cosmetic procedure should first at least do some investigation regarding the qualifications of the doctor selected.  One of the easiest ways to do this in California is to check with the Medical Board to see if the doctor is licensed and/or board certified in a relevant specialty, such as plastic surgery.  Also, the Board's website contains information regarding any prior discipline.  Second, in some counties (such as the County of Orange) anyone can examine the Superior Court website to see if the doctor has been sued and, if so, for what reason and when.  It should be remembered that the filing of a lawsuit in and of itself does not prove anything as some malpractice suits are filed by the patient simply because they have experienced a less than optimal result.  In addition to this, a potential patient can simply "Google" the doctor's name to see what reviews, if any, have been given by former patients.  Doing all of these things may spare a potential patient embarrassment, serious injuries or even death.

Compensation for victims of medical malpractice committed by unqualified cosmetic surgeons should be an important concern for all Californians.  When a physician without the necessary credentials and training harms a patient, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a cosmetic surgery nightmare?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The number of people having plastic surgery each year has grown steadily since statistics for these procedures were first compiled.  For example, almost 9.5 million cosmetic surgical and nonsurgical procedures were performed in the United States in 2010.  The most frequently performed surgical procedure was breast augmentation and the most popular nonsurgical procedure was injections of Botulinum Toxin Type A (including Botox and Dysport).  The top five surgical procedures were:

• Breast Augmentation (318,123)
• Liposuction (289,016)
• Eyelid surgery (152,123)
• Abdominoplasty (144,929)
• Breast Reduction (138,152)

See the full list of surgical and non-surgical procedures at cosmeticsurgerystatistics.com. 

Not too surprisingly, many physicians performing cosmetic procedures are not especially qualified and often perform surgery outside their area of expertise.  In the simplest of terms, the demand for these procedures is high and a great deal of money can be made by a single physician.  Consequently, it is not uncommon for a physician to perform cosmetic surgical procedures even though the doctor is not a board certified plastic surgeon with the requisite training and experience.  Doctors who don't possess the necessary training and experience (and even some who do) can leave their patients with unacceptable and sometimes horrific results.  So, how do you know when you have been a victim of plastic surgery malpractice?

The first thing to keep in mind as a patient who has undergone a cosmetic procedure is that a sub-optimal result is not always a product of malpractice.  Sometimes the poor results obtained, even though unexpected, would have occurred even in the best of surgical hands.  What generally determines whether the result was the product of medical malpractice is the opinion of a second, neutral physician.  If you have had a cosmetic procedure, and the result is unacceptable to you, seek consultation with a board certified plastic surgeon.  While it is true that physicians do not relish the idea of criticizing another doctor's work, sometimes a consulting physician will offer to repair or revise the earlier work, which is generally a sign something may have occurred that reflects poor medical practice.  If you then suspect you have been a victim of plastic surgery malpractice, you should consult a medical malpractice lawyer to discuss your options and the potential for compensation.

When a physician without the necessary credentials and training commits plastic surgery malpractice, they should be held accountable.   An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of plastic surgery malpractice?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.
 

A 33 year-old woman from Chula Vista,  Cheronna Marie Williams,  who underwent a stomach-banding surgery in Tijuana died during the procedure on May 26th.  The San Diego Union Tribune reported that Williams’s family has filed a complaint with the Baja California Attorney General’s Office against Dr. Pedro Kuri, a Tijuana physician with years of experience in Lap-Band surgery who operates at a reputable private hospital.  The Attorney General’s office has launched an investigation into the matter.

See the Tribune story HERE.

The lap band procedure involves the placement of an inflatable device around the top portion of the stomach, via a laparoscope.  Small holes are placed in the patient’s abdomen and through those holes a camera and instruments are passed in order to place the band.  This type of bariatric procedure is used to treat patients with obesity and other, related conditions such as diabetes and hypertension.   This surgery is generally utilized only after less invasive methods of weight loss, such as diet and exercise, have failed.  Unfortunately, some physicians performing the lap band do not always provide the best surgical care, either during the procedure or following its completion.  For example, patients can die from intra-operative complications related to anesthesia, blood loss or post-operative infection.  Before undergoing this procedure, patients should ensure their doctor is well-qualified and the facility at which the surgery is done is well-equipped to handle most medical emergencies.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required during or after an invasive procedure, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling medical negligence and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice occurring during bariatric surgery?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Anaheim Regional Medical Center has been fined $50,000 for performing kidney surgery on the wrong side of a patient in July 2009.  The Orange County Register reported the fine resulted from a patient undergoing a kidney stenting procedure (to treat a kidney stone) on the left side when the procedure should have been done on the right.  Reportedly, the patient’s doctor inadvertently identified the left side as problematic when in fact a prior CT scan showed the stone was actually on the right.  Three days after the first surgery, the error was discovered, and the stenting was performed on the correct kidney.

See the full Register story HERE.

In spite of checks and balances in place, hospital errors still occur with alarming frequency.  In the case above, apparently all it took was one error by the attending physician, and the patient ended up undergoing one entirely unnecessary surgical procedure.  Because the nursing staff failed to perform all of the necessary pre-operative work, the mistake was not discovered prior to the wrong surgery being done.  As a consequence, the patient suffered from the effects of an unnecessary, invasive procedure, prolonged pain and additional scarring.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician or nurse fails to comply with the standard of care required, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling medical negligence and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A number of media outlets are reporting that actress Mia Amber Davis passed away Wednesday, after apparently having had knee surgery on Monday.  According to at least one report quoting surviving family members, Davis died because of a blood clot following that procedure, an arthroscopy.  An arthroscopy is a minimally invasive procedure that generally carries fewer risks than an open surgery.  However, a clot may form (typically in the leg) and then travel to the lungs, resulting in a fatal blockage known as an embolism.

See the tragic story HERE.

In general, an arthroscopy is a common surgical procedure in which the joint is viewed via a small camera. The arthroscopy gives doctors a clear view of the inside of the knee, which allows them to make diagnoses and treat certain problems in the knee joint.   The time for recovery after an arthroscopy is generally shorter when compared to the time required to recover following a traditional, open procedure.  While blood clot formation is a known risk of the arthroscopy, there are certain patients who are generally at a heightened risk of clot formation.  Those at such an increased risk include patients who are older, obese, have a history of clot formation or are taking contraceptive pills.

Read more about arthroscopy at the American Academy of Orthopaedic Surgeons’ website.

While it remains to be seen what, if anything, caused or contributed to the clot formation in Davis, doctors do have the option of prescribing drugs (including aspirin) to reduce the risk of clot formation after surgery.  Additionally, it is unknown whether Davis reported any signs or symptoms of clot formation to her doctor prior to the fatal event.

Post-surgical complications occur even in the absence of medical negligence.  However, when a doctor practices below the standard of care and causes harm or even death, they should be held accountable, and their victims should be compensated.  An Orange County personal injury attorney with experience at handling malpractice cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and medical negligence cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of  malpractice by a doctor?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register has reported that an anesthesiologist suspected of sexually abusing two female patients during surgeries at Placentia-Linda Hospital was arrested  a month after he resigned from the hospital's staff.  The doctor, Yashwant B. Giri, 58, is facing felony counts of sexual battery and penetration with a foreign object after being taken into custody as he drove away from his Cypress.  Citing official sources, the Register reported hospital employees apparently witnessed Giri sexually abusing a 16-year-old girl in February 2009 and a 36-year-old woman on March 18th of this year.  Investigators allege that he sexually abused the woman during a medical procedure and the girl after a surgery while she was still under the influence of anesthesia.

See the Register story and photo HERE.

According to the California Medical Board website, Giri has been in practice in California since 2004, with no history of discipline.  He received his medical degree from a school in India in 1977, and practices primarily in anesthesiology.  He is apparently not board certified in any medical specialty.  Other than the incident in 2009, it would appear that the hospital administration at Placentia-Linda had no reason to suspect the doctor was a sexual predator.  However, it remains to be seen what investigation was done into the allegations from 2009 and what steps, if any, were taken to protect female patients from being victimized.  Ordinarily, an employer is not liable for the sexual abuse committed by their employees, unless they knew or had reason to know of a propensity to commit such acts.  Assuming the hospital administration failed to take reasonable steps to prevent the victimization of female patients at the hands of Giri, Placentia-Linda may be held liable for the harm the doctor caused.  Obviously, Dr. Giri would be individually liable for his own acts of sexual abuse, if the allegations prove to be true.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual abuse they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling sexual abuse cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual misconduct by a doctor?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register reported yesterday that an Anaheim Hills doctor accused of sexually molesting patients during exams was stripped of his medical license.  The California Medical Board revoked the license of Dr. David Hung Do, 40, after five female Kaiser Permanente patients alleged that he examined them inappropriately between 2006 and 2008.  In September, he pleaded not guilty to four counts of sexual battery.  Medical board documents conclude that Do engaged in sexual misconduct with three of the patients.  He was terminated from Kaiser and later arrested by police.  The criminal case has yet to be resolved.

See the Register story and photo HERE.

The Medical Board concluded the allegations against Dr. Do were established by "clear and convincing evidence."  His testimony before the Medical Board was described as "deliberately evasive" at times and that of at least one of his three victims was described as "plausible, direct, restrained and without evasion."  Not surprisingly, Dr. Do's conduct was found to have committed repeated acts of sexual misconduct and gross negligence, necessitating revocation of his license.  See the Medical Board Decision HERE.

Unfortunately, a small number of physicians have in the past and will in the future take advantage of their patients, like Dr. Do.  When this occurs, the patient has the right to pursue a civil action in court in order to receive compensation for the emotional and any physical injuries sustained.  To their credit, most of the women victimized by Dr. Do came forward and reported the incidents to Kaiser and to the authorities.  Several victims pursued civil claims and/or lawsuits against the doctor as well.  Three of those have been reported by the Medical Board as resolved.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual misconduct they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse by a physician?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a KTLA news story, the autopsy of a woman who died after undergoing lap band surgery revealed that she died as a result of "suboptimal care".  Citing official sources, KTLA reported that the victim, Tamara Walter, 52, underwent the lap band surgery on December 22, 2010, at the Wilshire Beverly Hills Surgery Center.   During the procedure, Walters coded and was rushed to Cedars-Sinai Medical Center where she was eventually removed from life support the day after Christmas.  The coroner's report placed the blame on the anesthesiologist, identified by the Walter's family as Marina Del Rey physician Dr. Daniel Shin.  According to state medical records, Shin's medical license was under review at the time of the surgery for assaulting a process server with a meat cleaver.

See the full KTLA story HERE.

In general, during surgery it is the responsibility of the anesthesiologist to ensure the patient's vital signs remain stable and to make the surgeon aware of any significant downturn in the patient's condition.  What breach of the standard of care Dr. Shin committed, if any, will have to proven in court, assuming a civil lawsuit for wrongful death is filed.  In a civil case, the plaintiff (in this case Walter's family) must prove the defendant breached the standard of care for a specialist under the same or similar circumstances and that such negligence was the cause of Walter's death.  In order to prove that negligence was the legal cause of a patient's death in a medical malpractice action, it must be shown by competent expert testimony that the neglect was the cause of death to a reasonable medical probability.  Essentially, this standard is met if the expert testifies the malpractice was more likely than not the cause of death.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required, they should be held accountable.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling wrongful death and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to KTLA news, jury selection began this morning in the manslaughter trial of Michael Jackson's physician, Dr. Conrad Murray.  Hundreds of potential jurors will be screened in Los Angeles Superior Court. Each will be given an extended questionnaire about their knowledge in the case.  Dr. Murray has been charged with involuntary manslaughter in the June 2009 death of Jackson.  According to the article, the prosecution is contending Dr. Murray was on the phone and distracted after administering a powerful anesthetic to Jackson.  Additionally, Dr. Murray is accused of giving Jackson a lethal dose of Propofol mixed with other sedatives.

See the full story HERE.

What is perhaps most interesting about this case is the fact that in addition to Medical Board action being taken against Dr. Murray, there is a very serious criminal case pending as well.  Adminstrative actions have already been taken by the Medical Boards in California, Texas and Nevada, primarily having to do with placing limitations on the doctor's adminstration of anesthetic agents typically administered by anesthesiologists.  Dr. Murray's primary area of practice is in cardiology. 

Aside from his criminal culpability, Dr. Murray faces the very real prospect of civil responsibility in the death of Michaeal Jackson.  Jackson's father, Joe Jackson, has brought such an action, and it is currently pending in the Los Angeles County Superior Court.  In that case, it must be proven Dr. Murray failed to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful physcians would use in similar circumstances.  In this case, since the critical issue surrounds the adminstration of a powerful anesthetic, Dr. Murray's conduct will likely be measured against that required of a board certified anesthesiologist. This is known as the "standard of care."

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required, they should be held accountable.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The suspect in the sexual assault of an Emergency Department patient at St. Joseph Hospital in Orange has been identified as Francisco Ayala Jr., 27.  According to the Orange County Register, Ayala has been arrested on charges of rape, sodomy and oral copulation after allegations that he sexually assaulted a woman he was assigned to monitor during her hospital stay.  Reportedly, Ayala spoke to detectives on Wednesday, and was arrested after the interview and booked into Orange County Jail.  As of March 14th, Ayala, an Anaheim resident, no longer worked at St. Joseph, hospital officials said.

See updated story HERE.

Ayala's criminal history, assuming he has one, will likely impact whether the hospital knew or should have known of his dangerous propensity for sexual exploitation/assault of women.  Equally important is what history he has as a hospital worker at St. Joseph and whether any female employees or patients complained prior to the March 8th incident.  A records search with the Orange County Superior Court did not reveal any apparent history of criminal convictions or arrests. Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual assault cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse in a hospital or health care setting?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Los Angeles Times reported today that a female patient has alleged she was sexually assaulted by a hospital worker at St. Joseph Hospital in Orange.  According to the article, the patient was in the Emergency Department on March 8th when the incident took place.  The next day, the woman told hospital officials that a patient care technician had assaulted her.   Officials at the hospital then reported the incident to police, who have not yet interviewed the subject employee, a department spokesman said.  An official with the state Department of Public Health said the agency also has opened an investigation but declined to provide further details.

See the story HERE.

Putting aside for the moment the criminal culpability of the alleged perpetrator, the victim may also have the right to compensation against not only the perpetrator but the hospital as well.  However, under California law, a hospital generally has not civil liability for the sexual misconduct committed by their employees, unless the hospital was aware of  a prior, similar incident involving the same patient care technician or for some other reason the assault was foreseeable, and there was a failure to take appropriate, preventative measures.  For example, if the worker had a history of sexual harassment of females employees but was still permitted to treat female patients without adequate supervision, then the hospital may be liable.  Additionally, if on March 8th (but prior to the incident) the hospital was made aware of conduct (such as salacious comments, etc.)  directed at the victim but failed to take action, St. Joseph may be held liable.

Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse in a hospital or health care setting?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division...

The Orange County Register recently reported another fatality related to buttocks-boosting shots, which have become one of the most conspicuously dangerous of cosmetic procedures.  The most recent fatality was a British woman who traveled from London to get buttocks-enhancement injections of silicone in a hotel room at a Hampton Inn near the Philadelphia airport.  Police said Claudia Aderotimi, 20, apparently arranged for the procedure over the Internet.   Autopsy results have apparently not yet been released, but if the incident followed the pattern of similar butt-injection deaths, the silicone entered her bloodstream and caused a fatal pulmonary embolism, a blockage in the main artery in the lungs.

See the full story HERE.

Unfortunately, cosmetic procedures are often performed by poorly trained and unqualified health care professionals.  It is not uncommon to find physicians performing cosmetic procedures, either by open surgery or injection, who are not board certified in plastic surgery.  Instead, these doctors (who undergo little to no relevant training) are board certified in unrelated specialties such as internal medicine or obstetrics/gynecology, if they are board certified at all.  While not all physicians lacking a plastic surgery certification practice medicine in that field below the applicable standard of care, it is not uncommon to find such doctors committing some of the most egregious errors in medicine.  In a recent case, a doctor who claims board certification by the International Board of Cosmetic Surgery (not the American Board of Plastic Surgery) performed a buttock augmentation on a young, female patient that lead to an infection, multiple follow up procedures and finally removal of the implants.  Once contacted by the patient's attorney, the doctor claimed the patient's chart had been stolen.  This same physician has a history of substantial discipline by the California Medical Board for, among other reasons, allowing unqualified personnel to perform cosmetic procedures. Compensation for victims of medical neglect committed by unqualified cosmetic surgeons, should be an important concern for all Californians.  When a physician without the necessary credentials and training commits malpractice, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a cosmetic surgery nightmare?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

It is not at all uncomon for someone seeking plastic surgery to rely on advertisements and word of mouth in deciding which plastic surgeon to select.  In today's world of internet access to almost everything, it makes little sense not to do more.  With just a basic understanding of the resources available to the average consumer, anyone planning to go under the knife for plastic surgery should do their homework.

First, the Medical Board of California decided some time ago to make certain information regarding licensed physicians available online.  For example, the Board's website allows consumers to see information regarding a physician's education, board certification (if any) and primary area of practice.  In addition to this, consumers may find out whether a doctor has been disciplined by the Board or if they have had a civil judgment or arbitration award rendered against them, with certain limitations relative to the monetary amount and the number of awards/verdicts.  The Board's website sets out additional limitations on the information and documentation available online.

Beyond the Medical Board's website, there is the superior court website for the county in which the doctor practices.  For example, in Orange County anyone may inspect online court information related to lawsuits against a physician.  This is particularly easy to find if the doctor or his practice ha an unusual name.  While there is rarely a detailed description of the case against the doctor, the number of malpractice suits and the timing of their filing might help to assess whether the physician has a recent history of practicing medicine in a negligent manner.  The Orange County Superior Court website can be found by following this link.

If your or a loved one is considering plastic surgery, there are easily available resources to best ensure the physician selected is qualified.  While even the best of doctors sometimes make mistakes, it is important to do the best job you can of investigating the doctor before allowing them to perform surgery.  When a plastic/cosmetic surgeon practices below the standard of care and injury or death occurs, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical neglect?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

On June 4, 2008, a 30-year-old man died on the operating table at an Inglewood home turned into a makeshift neighborhood clinic.  Earlier today, nearly three years later, a Los Angeles County Superior Court jury Friday convicted the surgeon of involuntary manslaughter.  Dr. Roberto Bonilla, 64, was found guilty in a Torrance courthouse in the death of Osvaldo Hernandez, a restaurant dishwasher from Mexico who had paid the surgeon several thousand dollars in cash to relieve a sharp pain in his belly.  On the day of the gallbladder, surgery Bonilla used lidocaine, a local anesthetic, to perform the open surgery.  According to the California Medical Board's allegations, filed well before commencement of the criminal trial, the amount of Lidocaine used exceeded the safe limit to be administered at one time, and Hernandez died of Lidocaine intoxication.

Read the story of the criminal trial HERE and the Medical Board Accusation HERE.

What the Hernandez case demonstrates is that there are licensed physicians in this State who are willing to risk their patients' lives by performing surgery under inherently dangerous circumstances.  In general, an open gallbladder procedure is a major surgery requiring administration of general anesthesia, and the full resources of an operating room, not an ill-equipped home.  Dr. Bonilla knew, or should have known, he was taking a poorly calculated risk that care beyond his immediately available resources would be needed.  When Hernandez began to seize (apparently because of the Lidocaine), Dr. Bonilla and his staff failed to react meaningfully, and when the patient required advanced cardiac life support, it was not available.  Instead, Dr. Bonilla and his staff reportedly performed CPR on Hernandez for two and a half hours, and no one called 9-1-1.

Compensation for victims of medical neglect, should be an important concern for all Californians.  When a physician takes an unjustifiable risk with their patient's life and death results, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical neglect?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a news report, the kidney transplant program at USC University Hospital was voluntarily shut down last month after it was discovered a patient had received the wrong kidney.  Fortunately, the donor kidney was from a patient who was at least a suitable match for the recipient, and there does not appear to have been any adverse consequences to the patient.   The hospital described the mistake as the result of a processing error.  The mix-up apparently occurred after two kidneys, from separate donors, arrived at the transplant center around the same time on January 29th.  The hospital has been conducting a review of clinical procedures and safeguards since shutting down, and the review is expected to be complete shortly. The hospital will consider resuming transplants at that time.

Read more HERE.

What the case above demonstrates is the type of problem commonly scene in hospitals throughout Southern California.  Here in Orange County for example, there have been reported incidents of patients having the wrong procedure and others who have had surgical implements left inside them.  For example, in one instance, a kidney transplant patient in Orange County was scheduled to have a 19 cm plastic stent removed from his abdomen during a post-operative visit to his surgeon's office.  However, in spite of documentation that the stent was indeed removed, it was found in the patient roughly 6 years later when it had become encrusted, causing a serious infection and related cardiac event. In yet another recent case, a young girl was scheduled to have a surgical procedure performed on her top lip (gum line), but the surgeon inadvertently performed the surgery on her tongue.  The young girl thereafter underwent the correct procedure approximately one month later.

Compensation for victims of medical neglect, should be an important concern for all Californians.  When a physician is not qualified to perform a procedure or for some owther reason performs surgery negligently, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical neglect?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Medical malpractice cases are typically among the most difficult to prove at the time of the trial.  Physicians are nearly always put on a pedestal by the jury panel who tend to see the doctor as an altruist, who saves lives for a living.  Even the most sympathetic of victims up against the least compelling of physicians will have a hard time overcoming this inherent juror bias.

In general, the law demands that a physician or surgeon have the degree of learning and skill ordinarily possessed by practitioners of the medical profession in the same locality and that he or she exercise ordinary care in applying such learning and skill to the treatment of the patient.    To prevail in a medical malpractice case, the plaintiff must prove the defendant physician was negligent in his care and treatment and that such neglect was, to a reasonable medical probability, a substantial factor in causing the harm alleged.  Sometimes, this is proven when a plaintiff produces sufficient evidence to allow the jury to infer that in the absence of the defendant's negligence, there was a reasonable medical probability the plaintiff would have obtained a better result.  Most often, educating the jury to the law and the medicine necessary to understand the case is an uphill battle, resulting in a large number of confused jurors whose predisposition for the doctor carries the day.

While most medical malpractice cases are difficult to pursue from the patient's perspective becasue of the existing juror bias and the complexity of the medicine at issue, these factors are not as prevalent in cases involving cosmetic, plastic surgery.  It is not uncommon to find physicians praticing in this lucrative field who are not as well qualified as in other medical specialties.  For example, in one case handled by Mr. Ralph, the "plastic surgeon" was actually a board certified OB/GYN with little to no formal training in plastic surgery.  In spite of this, the doctor held herself out as being a specialist in "scarless breast surgery."   The end result was a bad outcome for the patient and a substantial judgment against the doctor.

In yet another case, a fairly well-qualified physician performed a breast augmentation in such a fashion that he caused the patient's lung to partially collapse.  Instead of transferring the patient immediately to an appropriate hospital, the doctor kept the victim in his office overnight, under the watch of a member of his staff.  The next day the patient had to be transferred to an Orange County hospital for more treatment and monitoring.

It is important for patients considering cosmetic, plastic surgery to investigate the qualifications of their doctor.  Not all "cosmetic" surgeons are board certified in plastic and reconstructive surgery, the certification actually recognized by the American Board of Medical Specialties.  Would you want a physician with inadequate training and experience operating on your body or face?

Compensation for victims of medical neglect, should be an important concern for all Californians.  When a physician is not qualified to perform a procedure or for some owther reason performs surgery negligently, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of a cosmetic surgeon's neglect?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

In January of this year, a young girl in Orange County was scheduled to undergo an oral (labial) frenuloplasty, a procedure in which a small fold of tissue between the gum and the lip is separated.  Instead of performing the procedure as planned on the child's top lip, the pediatric ENT surgeon mistakenly separated the tissue under the tongue in a procedure known as a lingual frenuloplasty.  While the mistakenly performed procedure did not cause any substantial, permanent harm, this young patient had to undergo a second, otherwise unnecessary surgical procedure, after she healed from the first surgery. The physician attempted to justify his error by claiming the tongue surgery was needed anyway.  Mr. Ralph currently represents the malpractice victim.

 www.ocregister.com/articles/hospital-230423-choc-wrong.html

n yet another case, a female patient of a plastic surgeon here in Orange County was scheduled to undergo a combination breast augmentation and lift procedure in March of this year.  The breast lift planned and consented to by the patient is known as a vertical mastopexy, which generally requires a vertical incision from the areola to the crease under the breasts.  This is usually the procedure of choice when the patient has more significant drooping.  Instead of the vertical mastopexy (identified in this case on the patient's consent form in capitalized letters), the surgeon elected to perform (without the patient's prior written or verbal consent) a donut mastopexy, which involves removal of skin from just around the areola in the hopes of slightly lifting the breasts.  This decision was made solely by the surgeon at the time of the procedure and after the patient had been anesthetized.  As a result, the patient's breasts were not adequately lifted, are asymmetrical and cause her pain and discomfort.  To remedy the error caused by her surgeon, the patient must undergo a revision surgery in the future, and she will have to live with the outcome of the surgery she had never agreed to until that time.  Mr. Ralph currently represents this malpractice victim as well.

Malpractice cases such as these are unfortunately commonplace.  The law in California as it relates to medical negligence cases is complex, and victims are not often the focus.  Instead, the law in this area favors the health care providers who have been well-protected since the Medical Injury Compensation Reform Act of 1976.  For example, no matter how much suffering a patient and/or their surviving family members endure, the maximum allowable recovery for the pain, suffering, and emotional upset sustained is just $250,000.00.  In spite of dramatic changes in our economy and the ever-increasing cost of living, that figure has remained unchanged since the enactment of the MICRA legislation more than 34 years ago.

The handling of medical malpractice cases requires the experience of a seasoned trial attorney who has handled many such matters on behalf of the victims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a negligent doctor or nurse?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.