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Overcrowded hospital emergency rooms have become an enormous problem, forcing patients who are in need of medical attention to wait long amounts of time for the medical help they desperately require.  Patients may be kept waiting for hours, while their medical problems condition to get worse. 

Overcrowded emergency rooms can lead to medical negligence, especially if patients who require immediate medical care are not taken care of, or if the overcrowding forces medical staff to rush patients through the process, therefore misdiagnosing the patients or failing to diagnose serious medical problems.  If this misdiagnosis causes a patient's condition to go from serious to severe, or the patient dies, the hospital or medical staff may be liable for medical negligence.

Patients in overcrowded emergency rooms may first be kept waiting for a long period of time, and then when they are finally admitted to the hospital, must still wait a long period of time for a bed to be made available.  The patient may be sent back to the hallway while the medical staff rushes from patient to patient. Finally, when the patient gets a bed, they must wait for a nurse to arrive, then a doctor.  Meanwhile the patient's condition continues to deteriorate.  We see a lot more problems these days and cases of medical negligence due to the overcrowding of emergency rooms.  This also creates a strain on the medical staff as the hospital personnel may be overworked and tired.  If there is a shortage of medical staff, the situation becomes even worse and the likelihood of medical negligence increases.

Examples of hospital negligence or hospital malpractice related to overcrowded emergency rooms:

• Patients who are left waiting too long while their medical conditions worsen
• Nursing or doctor medical errors
• Failure of the medical staff to diagnose the medical condition of the patient
• Misdiagnosis of the medical condition
• Medication errors
• Surgical errors

Dr. Bruce G. Fagel has won or settled many medical negligence claims against doctors, nurses, and hospitals from emergency room negligence.  Dr. Fagel is not only a leading medical malpractice attorney, but a licensed medical doctor as well, including over 10 years experience as an emergency room physician.  So Dr. Fagel knows exactly how an emergency room should operate and where medical negligence or medical malpractice has occurred. 

It is important to understand that proving a doctor, nurse, or hospital was negligent in a medical malpractice case can be very complicated, especially for an inexperienced attorney who does not understand medical malpractice cases or how an emergency room functions.  In order to win the case or obtain the highest settlement, the attorney must be able to prove the connection between the negligent care and the injury or death to the patient.  This is where having the legal and medical expertise of an attorney and physician such as Dr. Bruce Fagel is critical to winning the case or obtaining the maximum settlement.

Perhaps one of the most difficult situations a family must face is the unexpected death of a family member.  In the area of medical malpractice, a wrongful death claim is filed by the family of a victim that was killed as a result of the negligence caused by a doctor, nurse, medical professional or medical facility.  The wrongful death lawsuit protects the dependents of the victim by providing them with compensation for economic and non-economic losses caused by the wrongful death.

For medical malpractice cases, a wrongful death claim provides the family of the wrongful death victim compensation for their loss.  A wrongful death attorney will examine the medical records and autopsy report (if available) to determine what the cause of death was and who was responsible.  Sometimes an autopsy report may not be available, such as when a patient with underlying medical conditions or an elderly patient dies.  If an autopsy report is not available, the doctor who was treating the wrongful death patient may provide his or her opinion as to the cause of death instead.

In order for a wrongful death claim to proceed, it requires the following elements:  

• The death was caused by the conduct of the medical professional or medical facility
• The defendant was negligent or liable for the patient's death
• There is a surviving spouse, children, beneficiaries or dependents
• Monetary damages have resulted from the patient's death

The plaintiffs in a wrongful death case are the heirs to the descendent.  If the wrongful death victim was married and had children, then the heirs would be the spouse and children.  If the wrongful death victim was a child, then the parents are the heirs.  If the victim was not married but had children, then the children would be the heirs.  If the victim was not married and did not have children, then the parents would be the heirs. If the victim's parents were no longer alive, then the heirs would be the victim's siblings.

Since 1975, California law has limited recovery of non-economic damages in all medical malpractice cases, including wrongful death claims, to $250,000. Only when there are economic losses suffered by the heirs as a result of a death can the heirs recover more than $250,000. Also, the limitation on such non-economic damages is applied to all heirs in a wrongful death claim collectively, so that all heirs must share in the recovery.

Although there is a non-economic damage limit of $250,000 for a wrongful death claim, there is an exception.  Due to the number of nursing home abuses that California courts have seen over the years, California legislature has added specific laws that are meant to protect elders in the care of nursing homes and assisted living facilities. Under California law, the families of a patient who has lost his or her life due to nursing home abuse or negligence can sue for damages for pain and suffering that the decedent experienced before death. No other wrongful death cases allow for such recovery.

If you lost a member of your family due to a wrongful death from medical malpractice, you may have a wrongful death claim.  It is important that you consult with a wrongful death attorney who is familiar with the various laws of a wrongful death claim, including the laws regarding economic value of services provided by the victim to his or her family.  Dr. Bruce Fagel has helped many families recover damages from wrongful death due to medical negligence.  You can also view a wrongful death video for more information about wrongful death from medical malpractice.

Although the majority of people who visit a hospital, doctor's office, or medical facility for treatment never believe they will be a victim of a medical error, the odds are quite high that it will happen.  In fact, nearly every patient who enters a hospital suffers from some form of medical error at least once during their hospitalization.  Although most of these medical errors result in very minor or no noticeable injuries, sometimes the medical mistakes result in permanent and catastrophic injuries, even the death of the patient.

Medical mistakes happen not only during surgery, but even after surgery on the surgical floor or in the post anesthesia care unit, after the patient has recovered from the anesthesia.  If a medical error caused you or someone you care about to be seriously injured or die, you should consult a medical malpractice lawyer immediately.  

It is vital that a victim of medical malpractice consults with a medical malpractice attorney who has a strong medical background.  Doctors and nurses understand how to cover up mistakes or place the blame for the medical errors on a patient's underlying medical condition.  They also know how to use complicated medical terminology during a lawsuit to confuse the victim's attorney. This is where a medical malpractice lawyer who has a strong medical background can analyze the medical records, trace where the medical mistake occurred, and counter the doctor's medical jargon that is used to try to avoid responsibility for the negligence.        

Dr. Bruce Fagel is a both a top medical malpractice lawyer and a licensed medical doctor.  Dr. Fagel even practiced emergency medicine for over 10 years before becoming a medical malpractice attorney.  This powerful combination of the medical and legal background, Dr. Fagel's strong track record winning over a billion dollars in verdicts and settlements, and the fact that Dr. Fagel's law firm only handles medical malpractice cases enables Dr. Fagel's clients to obtain the maximum judgment possible for medical malpractice cases.  

If you or a family member has been the victim of medical malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation.  There is never a fee unless we win your case.

A birth injury, especially one that results in a traumatic brain injury or permanent brain damage to a newborn baby can be one of the most devastating events parents can experience.  A doctor's negligence may cause a variety of serious and permanent birth injuries to an infant, including injuries resulting from trauma or lack of oxygen or blood flood to the brain of the baby.  A doctor's negligence can be caused by direct action from the doctor, such as causing a trauma injury to the baby by misusing the forceps or vacuum to help extract the infant during a difficult delivery, or by the lack of action, such as failing to perform a C-section when necessary.

Medical malpractice lawyers must explain to a jury how a normal birth delivery is supposed to occur; and why in a medical malpractice case involving a birth injury, where medical negligence caused the birth injury to happen.  If for example an umbilical cord prolapses or the placenta doesn't function properly, causing a restriction of blood flow or oxygen flow to the infant, the doctor needs to take immediate action to protect the baby.  If the doctor fails to pay attention to the warning signs from the fetal heart rate monitor, and the baby is born with permanent brain damage, an experienced medical malpractice attorney will be able to demonstrate to a jury exactly how the delivery process went wrong and where the doctor was negligent.

If in the example above, the umbilical cord wraps around the baby's neck, cutting off the blood and oxygen supply to the baby's brain, a mid-brain injury can occur, leading to cerebral palsy.  Since there is no cure for cerebral palsy, the child will suffer from the disorder for the rest of his or her life.  In this example, the baby will have normal cognitive functions but suffer from permanent paralysis.

The fetal heart rate monitor can warn the medical staff of a variety of emergencies that require immediate medical attention.  If the doctors or nurses react quickly enough, the birth injury may be averted.  Or the difference in reaction time can prevent a minor birth injury from becoming a severe or catastrophic injury, including death of the infant.  The fetal heart rate monitor may be signaling to the medical staff that the infant's heart rate has dramatically dropped to a dangerous level.  If the problem can't be immediately corrected, an emergency cesarean section may be required.  If the medical staff fails to see the warning or ignores the warning, and in this situation, fails to perform the C-section, the baby may be born with severe and permanent brain damage.  When the birth injury could have been prevented, but the doctor or nurse failed to take the proper action, then the parents of the injured baby should contact a leading medical malpractice attorney who specializes in birth injuries, as they may have a medical malpractice case.

Cerebral palsy refers to a group of disorders of the brain.  It is caused by abnormalities or injuries to the brain prior to childbirth, during childbirth, or post-childbirth.  Although most cerebral palsy problems happen while the baby is in the womb, some happen during the first couple years of a baby's life, while the brain is still developing.

Cerebral palsy can occur from trauma or lack of oxygen to the brain.  The most common cause of cerebral palsy is a baby being born prematurely.   Babies who are born in the range of 26 - 30 weeks gestational age have a much greater chance of developing cerebral palsy.   Children who are born at term, which is more than 37 weeks, can also develop cerebral palsy, if the brain is deprived of a significant amount of oxygen, or what is known as hypoxia or asphyxia.  

Children who develop cerebral palsy may require a lifetime of medical care and treatment.  The level of cerebral palsy can range from mild to severe.  At this time, there is no cure for cerebral palsy.

There are several types of cerebral palsy, the most common form being spastic cerebral palsy, with an estimated 80% of cerebral palsy victims having this type.  Common symptoms include tight muscles and joints, stiff movements, muscle weakness or paralysis, and awkward walking ability.

Approximately 10% of cerebral palsy cases involve athetoid cerebral palsy.  This type involves involuntary movement, or uncontrollable movement, poor posture, and slurred speech.    

Ataxic cerebral palsy involves a poor sense of balance and depth perception.  Symptoms include unsteady or shaky walking, shaky movements and tremors.  

Tests for cerebral palsy include a full neurological examination, CT scan and MRI scans of the head, EEG, vision and hearing tests, and blood tests.  Even though there is no cure for cerebral palsy, there are treatments that can help the child or adult better cope with the disorder and function in their day to day lives.  The earlier cerebral palsy is detected and treatment begins, the better it will be for the child.    

Treatment for cerebral palsy:

Surgery - surgery may help to reduce the spasticity or help improve the muscle development.  Families should carefully research this decision before moving forward.

Drugs - there are drugs available that may help the cerebral palsy patient reduce or prevent seizures.

Physical therapy - physical therapy can help a cerebral palsy child develop and improve key motor skills in the major muscle groups of the body.  This involves various exercises and movement routines.

Speech and language therapy - this helps a child develop control over the mouth and jaw, which can help them improve their speech and eating functions.  The therapist can also help a child with severe speech impediment develop other ways to communicate as well.

Occupational therapy - involves improving the development and functioning of the smaller muscles of the body, including fingers, hands, toes, feet, and face.

If medical malpractice was the cause of cerebral palsy, the parents should consult a leading cerebral palsy attorney.  The costs for a life time of medical care and resources for the child can be very expensive; therefore, if a doctor, nurse, or hospital was responsible for the birth injury, the family has a right to be compensated.  However, one problem a family may encounter when bringing forth a medical malpractice lawsuit, is the statute of limitations, which places a time limit on how long a family can wait to file a lawsuit.  Since cerebral palsy symptoms may take months or even years to develop and since medical malpractice lawsuits are so complex, it is critical that a family, who believes medical negligence was the cause of the cerebral palsy, contact an experienced medical malpractice lawyer who specializes in cerebral palsy right away.

If you believe your child's cerebral palsy was caused by medical malpractice, you should contact the Law Offices of Dr. Bruce G. Fagel & Associates right away.  Dr. Bruce Fagel is both a leading medical malpractice attorney, specializing in cerebral palsy birth injuries, and a licensed medical doctor.  If you have a case for medical malpractice, Dr. Fagel can help you recover the compensation necessary to provide the medical care your child will require for the rest of their life.

Every pregnancy carries a risk of a birth injury; however, some pregnancies carry a greater risk.  Just because a mother falls into a higher risk category does not excuse a doctor who is negligent.  If a doctor fails to detect a high risk pregnancy or provide the proper treatment and a birth injury occurs as a result, the baby's family may have a case for medical malpractice.

Higher risk categories for birth injuries include:

• Preterm labor / premature birth
• Being overweight or underweight
• PIH / High blood pressure / preeclampsia / eclampsia
• Women over the age of 35
• A large baby that may not be able to exit the birth canal through natural delivery
• Twins or Multiple births
• Sexually transmitted disease
• Infections
• Autoimmune disorders
• Gestational diabetes
• Heart disease
• VBAC / vaginal birth after cesarean
• Premature rupture of membranes
• New health problems that arise during pregnancy

Women who fall into high risk categories and experience a birth injury may not even know where a doctor's negligence occurred.  For example:

Advanced maternal age - women over the age of 35 are at an increased risk for birth injuries and birth defects including Down syndrome, premature birth, gestational diabetes, and miscarriage.  Certain medical testing can help detect the presence of chromosomal defects.  Doctors who fail to offer the pregnant mother these tests may be held liable if a birth injury results.

Premature birth - premature infants are at a higher risk for serious birth injuries including developmental delays and delivery trauma.  A doctor should make every reasonable and medically sound attempt to delay gestation to help the infant develop before delivery.  Doctors sometimes have the ability to prevent premature labor and birth.  The doctor may misdiagnose premature birth problems from the ultrasound, fail to diagnose and treat infections, or monitor and treat other dangerous problems.

Large fetus - larger infants produce a greater challenge for delivery than averaged sized infants.  A doctor must monitor the ultrasound images at different stages of pregnancy to estimate the size of the fetus.  If it is determined that the baby will not be able to exit the birth canal by natural delivery due to its large size, the doctor may need to prepare for a C-section.

Premature rupture of the membranes - When a pregnant mother's water breaks, the amniotic sac surrounding the baby has broken.  This is called the rupture of membranes.  If the membranes rupture before 37 weeks of gestation, it is called pre-term, premature rupture of membranes.  If the doctor fails to recognize this problem has occurred and respond swiftly and properly, the infant can be harmed with serious birth injuries.

If your baby was injured because a doctor failed to properly detect or treat a high risk pregnancy and this lead to a birth injury, you should contact a highly qualified birth injury lawyer such as Dr. Bruce G. Fagel.  Dr. Fagel is both a leading medical malpractice attorney, specializing in birth injuries, and a licensed medical doctor.

Gestational hypertension, also known as PIH / pregnancy induced hypertension, involves a condition of high blood pressure during pregnancy.  This condition if untreated, can lead to preeclampsia, which if not properly treated can result in the placenta not receiving a proper blood supply, which will reduce the amount of oxygen and food that is required for the infant. This can result in a baby being born with a low birth weight.

Eclampsia is a condition that may occur if preeclampsia is not properly treated.  Eclampsia involves high blood pressure and rapid weight gain and results in seizures to the mother during pregnancy. If untreated, eclampsia can lead to separation of the placenta and result in premature birth.

Warning signs for preeclampsia and PIH:

• High blood pressure
• Water retention and weight gain
• Protein in the urine
• Headaches
• Abdominal pain
• Vomiting
• Shortness of breath
• Vision problems
• Swelling of the hands and face
• Bruising that occurs too easily

These symptoms may be warning signs of other medical conditions, so a pregnant woman who has these symptoms needs to see her doctor.  The doctor will be able to check the blood pressure, placenta, kidney's, and perform an ultrasound.

One of the dangerous risks of gestational hypertension / PIH, preeclampsia, and eclampsia is premature birth.  This puts the infant in jeopardy of being stillborn or ending up with serious permanent medical problems.  The baby's brain, kidney's, and liver can all be damaged from the PIH restricting the blood flow during the fetus stage. 

Preeclampsia and PIH treatment:

• Drink 6 to 8 glasses of water a day
• Use little or no salt in meals
• Avoid fried foods and junk foods
• No caffeine and alcohol
• Exercise regularly
• Get plenty of rest
• Take doctor prescribed medication and supplements
• Elevate the feet a few times a day
• Schedule periodic checkups with the doctor to have the PIH checked and monitor the condition of the infant

It is imperative that preeclampsia, gestational hypertension / PIH be detected and treated early before serious damage can be caused to the infant.  If this condition is treated early, the mother should be able to deliver a healthy baby.  If the doctor does not discover or treat gestational hypertension, preeclampsia, or eclampsia and this results in a birth injury to the baby, the family may have a case for medical malpractice against the doctor. 

If your baby was injured because a doctor failed to properly treat the hypertension during pregnancy, you should contact an experienced birth injury lawyer such as Dr. Bruce G. Fagel, who is both a leading medical malpractice attorney and a licensed medical doctor.

Between 60 to 80 percent of women who have had a cesarean section can deliver a baby through trial of labor, or vaginally. This is known as vaginal birth after cesarean section or VBAC.  Although most women can deliver the baby safely, there are a small percentage of women who will experience a rupturing of the uterus from the VBAC, and the dangers to the baby can be catastrophic. 

It is important for a woman who is considering VBAC to research hospitals that are equipped to handle VBAC, including the ability to deliver the baby in less than 10 minutes of a rupture of the uterus, otherwise severe brain damage can occur or the baby may even die.  One question that must be asked of a hospital for a VBAC is do they have 24 hour obstetricians and anesthesiologists available.  Access to these medical professionals will be vital if there is a dangerous drop in the fetal heart rate. A fetal heart rate monitor can alert the medical staff of an emergency. 

In the 1990's VBAC's had a higher rate of birth injuries as some babies were born with severe brain damage or died at birth.  Research demonstrated that infants who needed to be delivered immediately were instead often being delivered in 25 to 30 minutes or longer, therefore putting the baby in extreme danger.  This is why it is critical for the baby to be delivered as soon as possible after realizing a severe drop in the fetal heart rate monitor has occurred.

When a vaginal delivery is too dangerous for the infant or the mother, a cesarean section or C-section may be necessary.  There are many medical conditions that may require a C-section in order to prevent a birth injury:

• Rupture of the fetus
• Abnormal heart rate of the fetus
• Prolapsed umbilical cord
• Problems with the placenta
• The infant's head or body is too large to exit through the birth canal
• Multiple births
• The baby can't be extracted safely with forceps
• Increased blood pressure after amniotic rupture
• Failed labor induction

If you or someone you care about experienced a birth injury from medical negligence, you may have a medical malpractice case.  Contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation.  Dr. Bruce Fagel is both a leading medical malpractice attorney and a licensed physician.  So he understands exactly how the birth process should occur and where medical malpractice happened that resulted in the birth injury.

Every year thousands of Americans are seriously injured or killed from surgical errors and surgery malpractice.  Any surgical operation can be complex and involves risks to the patient.  Surgery mistakes can lead to serious and permanent injuries to the patient, and sometimes even death.  There is also a misconception that only serious surgical operations, including emergency room surgery leads to death.  Most people do not realize that even common elective surgeries such as plastic surgery carry risks as well.  Areas of elective surgery include cosmetic surgery and bariatric surgery.

Since all forms of surgery carry risks, even cosmetic surgery or bariatric surgery can result in catastrophic injuries or death for the patient.  Examples of cosmetic surgery include facelifts, liposuction, breast augmentation, and a nose job (rhinoplasty).  Examples of bariatric surgery include lap band, stomach stapling, and gastric bypass surgery.

Another misconception by the general public is that only inexperienced surgeons or surgeons new to the field make surgical errors.  In fact, even the most respected and skillful surgeons make mistakes that lead to serious injuries or death to their patients.  Just a few examples of surgeon malpractice include removing the wrong body part or operating on the wrong side of a patient, puncturing an organ close to the area of operation, which can result in a severe infection or allow dangerous fluids to enter the organ that was cut, also using unsanitary medical equipment.

Medical malpractice, including surgical errors happen frequently in hospitals.  Medical malpractice occurs in hospitals for many reasons, including a shortage of medical staff, an overworked staff, tired staff, and medical staff that are not properly trained.  Sometimes a shortage of surgeons will cause a serious injury to a patient who is in critical need of an operation, but is kept waiting while the surgeon is busy working on another operation.  Surgeon's even make mistakes that may not be noticed until a future date, causing the problem to spiral into a far worse medical condition for the patient.

While hospitals carry risks for surgical errors and surgeon malpractice, there is an even larger risk when dealing with medical clinics or doctor's offices.  Even for common elective plastic surgery procedures, there is an additional risk in a medical center or doctor's office compared with a hospital.  The reasons for this are because medical centers do not have a full staff of trained medical experts prepared to handle a variety of unexpected medical emergencies.  While a hospital has board certified anesthesiologists, critical care nurses, or specialized surgeons on staff, medical centers and doctors offices usually do not.  If a serious emergency arises, these types of medical facilities are usually not properly equipped with the equipment, resources, or highly trained staff to handle the emergency.  During a catastrophic medical emergency, the patient will be deteriorating quickly, while waiting for an ambulance to arrive to transport the patient to the hospital.  

If you or a family member has been injured from medical malpractice, including suffering injuries from a surgical mistake, contact the Law Offices of Dr. Bruce G. Fagel & Associates for a free legal consultation.

Every year thousands of Americans are seriously injured or killed from surgical errors and surgery malpractice.  Any surgical operation can be complex and involves risks to the patient.  Surgery mistakes can lead to serious and permanent injuries to the patient, and sometimes even death.  There is also a misconception that only serious surgical operations, including emergency room surgery leads to death.  Most people do not realize that even common elective surgeries such as plastic surgery carry risks as well.  Areas of elective surgery include cosmetic surgery and bariatric surgery.

Since all forms of surgery carry risks, even cosmetic surgery or bariatric surgery can result in catastrophic injuries or death for the patient.  Examples of cosmetic surgery include facelifts, liposuction, breast augmentation, and a nose job (rhinoplasty).  Examples of bariatric surgery include lap band, stomach stapling, and gastric bypass surgery.

Another misconception by the general public is that only inexperienced surgeons or surgeons new to the field make surgical errors.  In fact, even the most respected and skillful surgeons make mistakes that lead to serious injuries or death to their patients.  Just a few examples of surgeon malpractice include removing the wrong body part or operating on the wrong side of a patient, puncturing an organ close to the area of operation, which can result in a severe infection or allow dangerous fluids to enter the organ that was cut, also using unsanitary medical equipment.

Medical malpractice, including surgical errors happen frequently in hospitals.  Medical malpractice occurs in hospitals for many reasons, including a shortage of medical staff, an overworked staff, tired staff, and medical staff that are not properly trained.  Sometimes a shortage of surgeons will cause a serious injury to a patient who is in critical need of an operation, but is kept waiting while the surgeon is busy working on another operation.  Surgeon's even make mistakes that may not be noticed until a future date, causing the problem to spiral into a far worse medical condition for the patient.

While hospitals carry risks for surgical errors and surgeon malpractice, there is an even larger risk when dealing with medical clinics or doctor's offices.  Even for common elective plastic surgery procedures, there is an additional risk in a medical center or doctor's office compared with a hospital.  The reasons for this are because medical centers do not have a full staff of trained medical experts prepared to handle a variety of unexpected medical emergencies.  While a hospital has board certified anesthesiologists, critical care nurses, or specialized surgeons on staff, medical centers and doctors offices usually do not.  If a serious emergency arises, these types of medical facilities are usually not properly equipped with the equipment, resources, or highly trained staff to handle the emergency.  During a catastrophic medical emergency, the patient will be deteriorating quickly, while waiting for an ambulance to arrive to transport the patient to the hospital.  

If you or a family member has been injured from medical malpractice, including suffering injuries from a surgical mistake, contact the Law Offices of Dr. Bruce G. Fagel & Associates for a free legal consultation.