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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.

After heart attacks and cancer, death from medical malpractice has become the third leading cause of death in the United States, according to the National Institute of Health.  In fact nearly 225,000 people die each year from medical malpractice and many people are seriously injured as well.  If you or someone you care about has been the victim of medical malpractice, you probably have many questions, including what should you look for when researching a medical malpractice attorney.

Experience - many lawyers handle a variety of cases, medical malpractice merely being one of the categories.  Medical malpractice cases are the most complex type of cases, requiring extensive expertise and experience.  

Dr. Bruce Fagel handles only medical malpractice cases and has tried and settled more medical malpractice cases on behalf of injured victims than any other attorney in California.

Track Record - obtaining the largest settlement possible in a medical malpractice case requires that the defendant's doctor or hospital insurance carrier respects and fears your attorney.  This respect and fear comes from the experience and ability of the attorney in taking medical malpractice cases to trial and winning these cases.

Dr. Bruce Fagel has successfully tried cases in more than 25 different counties in California and is well known and respected by the attorneys who represent doctors and hospitals.  He is even asked to speak at meetings of defense attorneys, hospitals, and insurance companies.

Knowledge - all medical malpractice cases require evidence from medical experts to prove negligence and causation.  Often medical malpractice cases are lost at trial because defense attorneys are able to use their medical experts to confuse a jury or the plaintiff attorney is not able to explain a case to a jury.

Dr. Bruce Fagel is a licensed medical doctor who practiced emergency room medicine for 10 years before becoming a leading medical malpractice attorney.  He has spent the last 30 years pursuing complex medical malpractice cases for injured victims and their families.  As a physician, he understands the complexities of a medical malpractice case and is able to prevent doctors and medical experts from trying to use complicated medical terminology to confuse a jury.  He knows how to cross examine the defense experts because he understands the medical language.

Ability to fund the case - medical malpractice cases are among the most expensive types of personal injury cases, mainly because of the cost of medical experts that are necessary for proving liability and damages.  The cost of obtaining experts for medical malpractice cases can easily exceed $200,000 or more before trial.  Many attorneys are unable to advance such a large sum of money and some even ask the clients to pay the costs as the case progresses.

Dr. Bruce Fagel advances all the costs for the cases he handles.  There is no out of pocket cost to the client.

What do past clients think about the attorney - one of the best measures of success for any attorney is the opinions of prior satisfied clients who have had medical malpractice cases similar to yours.  Ask any attorney you meet with to provide you a list of prior clients.  If the attorney is unable to provide you with the list, he or she probably does not have the level of experience or the proven track record of success that you need for your case.

If you believe you or a family member was the victim of medical negligence, you may have a case for medical malpractice.  Contact the Law Offices of Dr. Bruce G. Fagel & Associates at 1-800-541-9376 today for a free consultation.  

Nursing home abuse incidents occur far too frequently to the most vulnerable group of people, senior citizens. Elderly abuse, nursing home negligence, and nursing home abuse take on different forms of abuse to seniors, including physical abuse, emotional abuse, neglect, malnutrition, and sexual abuse. It's difficult to believe anyone would cause physical or emotional harm to the elderly, but it happens more often than you may think.  Nursing home staff and caregivers may not be adequately trained to provide the proper care for the elderly or be trained on how to handle unique mental or physical conditions of a patient.  Nursing home staff may also be under-paid, overworked, or have mental problems of their own which they may take out on an elderly patient.    When elderly abuse happens to someone you love and care about, your entire family suffers.

Often, members of a family may not even recognize nursing home abuse is occurring.  A family may instead naturally believe their elderly loved one is simply suffering from the effects of aging or a medical condition. To make matters worse, the elderly victims may be afraid to speak up, think nobody will believe their story of abuse, or simply not even realize they are being victimized.  The elderly abuse victim may even believe he or she is at fault for the abuse. Naturally, if someone you care about is reporting abuse, you should investigate the allegations.  However, what if your loved one doesn't report abuse to you?  In situations like this, there are symptoms of nursing home abuse to be aware of.

Physical abuse signs:

• Unexplained cuts
• Unexplained bruises
• Unexplained burns
• Sprains
• Broken bones

Elderly neglect signs:

• Bed sores
• Dehydration
• Poor hygiene
• Malnutrition
• Unsanitary living conditions
• Soiled bed
• Unexplained weight loss
• Medical conditions that are not being taken care of

Nursing homes and care givers may try to hide the signs of physical abuse by blaming injuries from a medical device or hide the evidence with clothing.  Also be aware of warning signs such as a staff member refusing to leave the room when you arrive or the nursing home delaying your entry into the room.

If you suspect a loved one is the victim of nursing home abuse, nursing home neglect, or elder abuse, please contact a qualified nursing home abuse attorney such as Dr. Bruce Fagel right away.  Seniors and those adults who are dependent on the care of others require the strongest protection from abuse and neglect.

The Medical Injury Compensation Reform Act or MICRA was enacted in 1975 by pressure from doctors in California wanting to limit the amount of damages victims of medical malpractice could obtain from lawsuits.  This limits the amount of money a victim of medical malpractice in California can obtain for non-economic damages, including emotional distress and pain and suffering to $250,000.  Since its introduction, tens of thousands of patients injured by preventable medical errors have been denied just compensation for their injuries.  

Although this creates a challenge for victims of medical malpractice, there are still additional resources available.  And while MICRA creates a difficult challenge for victims of medical malpractice in California, there are other states that are far more excessive with their limitations on damages.  For example, Virginia limits the total amount a victim of medical malpractice can recover for economic, non-economic, and punitive damages to $2 million.  Indiana limits the total amount for economic and non-economic damages to $1.25 million.  If a birth injury victim in California was awarded $7 million for economic damages, that same victim in Indiana would only receive $1.25 million to cover the same damages.   

Although non-economic damages in California are limited to $250,000 for medical malpractice victims, there is no cap on economic damages.  Economic damages include a lifetime calculation of lost wages and medical care for the victim of medical malpractice.  If a child suffers a severe and permanent birth injury such as cerebral palsy, although MICRA limits his or her non-economic damages to $250,000, there are still economic damages that must be calculated.  How much does it take to provide medical care for this individual for the rest of his or her life? Does this victim require a full time care giver?  How much lost wages would this victim be expected to lose for a lifetime of being out of work?

The cost of living has gone up dramatically since 1975 and while the $250,000 for non-economic damages has substantially decreased in value when factoring in the cost of living, the cost of medical care has increased dramatically, so the economic damages produce sizable damages for victims of medical malpractice.  

Taking the cerebral palsy birth injury example from above, this victim will likely need full time medical care and resources for the rest of his or her lifetime.  Full time medical care may require a full time care giver to handle daily routines including getting dressed, bathing, and feeding.  Also, medication, therapy, and doctor visits will likely be required.  The amount of medical care and resources necessary to take care of a severe cerebral palsy birth injury victim may cost millions of dollars over the victim's lifetime.  There is also the amount of lost wages the victim will lose over a lifetime and this must be factored into the economic damages as well.  Economic damages are the reasons why a medical malpractice victim may recover damages into the millions when MICRA places non-economic damages at a maximum of $250,000.   

If you or someone you love has been the victim of medical malpractice, you should immediately consult with a medical malpractice lawyer who is also a licensed physician, such as Dr. Bruce G. Fagel.  The consultation is free and if we take on your case, there is no fee unless we win your case.  

There are many advantages to retaining the services of an attorney who is also a physician.  One area that is particularly useful is with the deposition. A deposition is basically a formal question and answer process where we ask questions of a doctor or nurse about what happened beyond what is written in the medical records.  The deposition allows us to probe into the thoughts of the medical staff and find out what their reasons were for doing things the way they did. 

As a physician, I know what the answers from doctors, nurses, and medical staff should be, so consequently when doctors go off on a tangent and begin answering questions with a lot of medical jargon, I am able to cut through it. I am able to get to the specifics of what happened and why things occurred that should not have occurred if normal care was utilized and the standard of care was appropriate in a particular case.  This becomes especially important when we get into issues about the medical cause of specific problems; doctors have a tendency to confuse the issues by answering in different ways.  So as a physician I'm able to basically ask them very specific questions and follow their train of thought wherever they are going and get the most information relevant to winning the case.

Another area where clients benefit from having a lawyer who is also a licensed medical doctor is with the medical records.  Before an attorney can take on a case, he or she must determine if the case will likely be successful, whether tried in front of a jury, or settled prior to trial.  Most of the evidence that is crucial to winning the case will be located in the medical records.  It is critical that the attorney who handles your medical malpractice case, be extremely knowledgeable about both medical malpractice law and the medical field.  This is why I maintain my medical license after practicing emergency room medicine for over 10 years. I find that having a strong medical background provides me with a strategic advantage when dealing with doctors and medical staff.  At the Law Offices of Dr. Bruce G. Fagel & Associates, medical malpractice is all we do.  We want to make sure we are the most knowledgeable source in one area, and one area only, medical malpractice. 

Medical negligence and medical malpractice cases can be the most complex legal cases to pursue.  The majority of the victims of medical negligence or medical malpractice cases do not have the experience, vast resources, or finances necessary to pursue a medical malpractice case on their own.  This is where the services of an attorney are critical.

However, an attorney who does not specialize in medical malpractice, or who does not have extensive court room experience, will place the victim of malpractice at a tremendous disadvantage when dealing with the medical personnel or medical facility responsible.  Why?  Because medical personnel and medical facilities have powerful resources to defend themselves in a lawsuit.  Their attorneys and insurance companies are less likely to settle a case involving a plaintiff who is represented by a lawyer who has little trial experience, or doesn't have a strong background in medical malpractice.  This places the plaintiff at a severe disadvantage, as he or she is far more likely to receive a much smaller settlement.

The most important item when selecting a lawyer for representation in a medical malpractice or medical negligence lawsuit is experience. This includes extensive court room experience, with a proven track record of winning cases.  Another area that is important when selecting an attorney, is finding a lawyer who specializes in medical malpractice.  While many attorneys claim they specialize in medical malpractice cases (often it's one of many specialties they list), they also specialize in other areas such as product liability or personal injury.

Dr. Bruce Fagel has extensive medical malpractice lawsuit experience.  In fact, medical malpractice cases are the only cases Dr. Fagels' law firm will handle.  This type of specialization allows him and his staff to focus their expertise exclusively on medical malpractice, and this translates to doctor's and medical facilities settling cases for the highest amounts.  Dr. Fagel also has extensive court room experience, with a strong track record of winning cases.  Finally, one of the core differences that separates Dr. Fagel from the majority of medical malpractice attorneys is Dr. Fagel is also a licensed medical doctor with over 10 years experience in practicing emergency room medicine.  This combination of being a doctor and a medical malpractice attorney gives Dr. Fagel the expertise necessary to understand exactly where medical malpractice or negligence has occurred with a medical malpractice case.  

Medical negligence is the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care.  Medical malpractice can take the form of negligence, in which the doctor, nurse, medical professional, hospital, or medical facility did not take the proper action at the proper time.  Doctors take the Hippocratic Oath which is a promise to treat their patient's to the best of their ability and avoid causing them harm.  When a medical professional breaks this oath, they are negligent under the legal definition.

Medical negligence or medical malpractice lawsuits can be brought against surgeons, plastic surgeons, doctors, nurses, anesthesiologists, obstetricians, radiologists, hospitals, surgical centers, nursing homes, and medical clinics. 

Types of medical negligence or medical malpractice

Failure to diagnose a medical condition or failure to diagnose in a timely manner

Failure to diagnose a medical condition in a reasonable time may cause the condition to worsen.  In fact with many cancer cases, early detection is the key to preventing the cancer from spreading to the point where it is irreversible, ultimately leading to death.  Although certain cancers, including pancreatic cancer, ovarian cancer, and small-cell lung cancer have a low chance of recovery for the patient no matter when they are treated, other cancers, including breast cancer, colon cancer, and non-small cell cancers have a high chance of being treated if detected early.  This is where failure to diagnose a medical condition or failure to diagnose in a timely matter, such as failing to diagnose certain cancers, may be medical negligence.

Failure to follow up with the proper treatment

A doctor who fails to monitor a patient after prescribing treatment may be guilty of medical negligence.  This includes a doctor failing to adjust a patient's medication over time, switching a patient to a new medication, or terminating the medication if the medical condition requires such changes. 

Surgical error

Surgical errors include the surgeon accidentally cutting a vital organ, which may lead to foreign fluids entering and causing infections, such as urine or feces, entering the abdominal cavity, which may cause severe infections, possibly resulting in death.  Another example of a surgical error could result from the surgeon removing the wrong body part, such as the wrong organ from a patient; even leaving an instrument behind in a patient's body, would fall under the category of surgical error.

Anesthesia error

Anesthesia errors are quite common, including in non-hospital settings, such as medical centers or doctor's offices, involving elective plastic surgery.  In non-hospital environments, a mistake made post-surgery by an anesthetist, who is improperly trained, could lead to a catastrophic result for the patient.  The doctor's office may not have the proper emergency staff available to correct the problem in time and this could lead to severe brain injury or death for the patient.  Anesthesia errors occur in hospitals as well, including after a successful operation, whereby the anesthesiologist fails to properly revive the patient in the post anesthesia care unit.

Medication error

Medication errors occur frequently in medical facilities:
 

• The medical staff may not properly review the patient's background, including examining if the patient is already taking medication that may not be compatible with the new medication given. 
• The patient may be allergic to the medication and have an adverse reaction. 
• The patient may not be properly monitored for the reaction to the medication. 
• The patient may be given an overdose of the medication. 
• A pharmacist may also prescribe the wrong medication to a patient, including not reading the doctor's prescription correctly. 

Medical negligence and medical malpractice cases are very complicated.  If you or a loved one were the victim of medical negligence or medical malpractice, it is critical that you contact the best medical malpractice attorney that understands medicine.  Dr. Bruce Fagel is a leading medical malpractice attorney who is also a licensed medical doctor.  This experience gives Dr. Fagel the necessary skills to understand where medical negligence or medical malpractice took place, including understanding how to interpret medical records.

Many families will trust a nursing home or skilled nursing facility with their loved ones because they can no longer care for them at home in a practical or safe manner.  When these dependent adults are in a nursing home, they are at the mercy of the nurses, or the staff who have even lower level training than the nurses. 

Because of the alarming number of cases of nursing home negligence, many states have added statutes to provide additional protections for the elderly or dependent adults.  For example, in California, nursing home negligence or elder abuse cases that lead to the death of an elderly or dependent adult, allow a family to recover not only the non-economic damages for the loss of their loved one, but also allow for recovery of the pain and suffering their loved one went through before they died.  This is different than other types of wrongful death cases because the death of an individual normally ends any pain and suffering recovery for that individual and the family can only recover their loss for the effect of the decedent's loss or death.  But in a nursing home or elder abuse case the family can recover both their damages for the death of the individual as well as the pain and suffering their loved one went through before they died.

Since nursing homes and assisted living facilities are a for-profit business, the owner's and staff's top priority is often profit.  Nursing homes and assisted living facilities often subcontract various services, such as food preparation.  Nursing homes engaging in negligence will often hide behind this veil of subcontractors as a way to shield themselves from lawsuits.  Understanding the business model of a nursing home is important to pursing a negligence case.

Signs of elder abuse may include physical abuse and neglect including:

• Unexplained bruises, burns, cuts, sprains, or broken bones
• The lack of sanitary living conditions, clean clothes, or properly prepared food
• Soiled bedding, malnutrition, dehydration, or poor hygiene
• Bed sores, any medical needs not being taken care of, or unexplained weight loss

Family members may even fail to attribute these signs to possible elderly abuse or nursing home negligence, as they may instead blame it on the natural aging and deterioration process of their loved one.  If you suspect a loved one is experiencing elderly abuse or nursing home negligence, it is imperative that you retain the services of an experienced nursing home negligence attorney to protect your loved one and represent the best interests of your family.  Those who can't protect themselves because they are elderly, in poor mental or physical health, need the greatest protection of all. 

Wrongful death is the legal term used to describe a death that takes place as a direct result of the action or lack of action of another person.  A wrongful death action is brought to protect the surviving dependents of the victim by receiving compensation for the economic and non economic losses caused by the wrongful death.

The death of a loved one is never expected by any family.  But when that death is caused by medical negligence, the family has the right to know what happened and be compensated for their loss.  The first thing that we need to know when someone has died and medical malpractice is suspected is what was the cause of death.  An autopsy is usually required in most cases to show the death was due to medical negligence.  

When Dr. Fagel pursues a medical malpractice wrongful death claim, where someone has died as a result of negligence, he looks for evidence in the medical records which ties the doctors or nursing actions directly to the cause of death, based upon that autopsy report.  The wrongful death claim must be able to prove that there was medical or hospital negligence and this negligence caused the death of the patient.

Who are the plaintiffs in a wrongful death case?

The plaintiffs of a wrongful death case are the heirs to the descendent.  If the death involves a patient who was married, then the heirs are the spouse and any children.  If the death involves a child, then the parents are the heirs.  If the victim was not married, then the heirs would be the children, if the victim had any children, otherwise the victims' parents. If the victims' parents are not alive, then the heirs would be the victims' siblings.  Sometimes determination of the proper heirs can be very complicated.  Also, different states have different statute of limitations limiting the time available to file a wrongful death case.  

If a member of your family was the victim of a wrongful death due to medical malpractice, you may have a cause to bring a wrongful death lawsuit.  A highly experienced wrongful death attorney such as Dr. Bruce Fagel can help you get answers and help you be properly compensated for your loss.  Dr. Fagel has successfully helped many victim's families who have lost family members due to wrongful death from medical malpractice.

Under our federal constitution, each of the 50 states have their own laws which pertains to various subjects that are particular to that state.  These laws include all types of personal injury claims of which medical malpractice is one subset.  The purpose of the statute of limitations as enacted by the various state legislatures is to try to have claims that are brought before the court in a timely matter, because people's memories pass and evidence can get lost, so it was initially designed to speed up the process.

However, because every state has a different statute of limitations for different types of cases, occasionally, people will have exceeded the time frame to file, because they realized too late that they may have a case.  In situations like this, it is important to be aware of the exceptions to the statute of limitations, which can be used in some states for special circumstances.  If a medical malpractice victim meets the requirements of these exceptions, they may be able to get around the statute of limitations in order to file a claim.  

Many states also have special administrator rules for county hospitals or other types of administrative agencies, which actually lowers the time available for victims of medical malpractice to file a claim.  This may require the medical malpractice victim to file the case within six months, even though the actual statute of limitations may be a year, two years, or longer in that state.  These rules are very specific.  All trial attorneys have to be aware of the statute of limitations that apply to a particular state, as the statute of limitations sets a maximum time after an event that legal proceedings based on that event may take place.

When it comes to the statute of limitations for a medical malpractice lawsuit, the law requires the injured party to file a lawsuit within a specific time period.  Failure to file a lawsuit or take the required legal action, such as filing a malpractice or negligence claim, with the proper government agency, could eliminate the injured parties' legal right to recover damages.  

An example of statute of limitations, would be the state of California, whereby the injured party must start legal action within one year from the date the patient discovers or reasonably should have discovered the injury.  There are certain circumstances where the deadline for filing may be extended.  Visit statute of limitations for more information.