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There is nothing more difficult and heart-breaking for a family than having to consider end of life care or signing a do not resuscitate form for a loved one who is seriously injured and not responding to medical treatment.  A patient can be placed on life support for a variety of reasons, such as a newborn baby who suffers serious brain injuries from a lack of oxygen during birth to a patient who does not come out of anesthesia after an operation to someone who simply will not survive a serious accident or injury.

When someone you love is placed on life support and is not responding to treatment, family members are placed in a very stressful and life altering situation; should they turn off life support or sign a do not resuscitate form if the idea is brought up by the doctor?  When the doctor meets with the family and recommends they remove the family member from life support or requests they sign a do not resuscitate form, family members usually do not question the doctor's possible reasons for the request.  But when it comes to a family member or someone you love, making this decision prematurely may not be in your best interests.  For example, if the family member is on life support due to medical malpractice from a doctor, nurse, medical professional, hospital or medical facility, their request to remove your loved one may involve a financial motive rather than what is in the best interest of the patient.

For example, in the state of California, if a patient dies because of medical malpractice from a doctor, nurse, or hospital, the maximum non-economic damages for wrongful death the family can collect is $250,000. Only when there are economic damages involved can the family collect more than $250,000.  If the patient is on life support due to the negligence of the doctor, nurse, or hospital, with no immediate recovery foreseen, or with a long recovery, it could cost the hospital a great deal more to keep the patient alive and provide the necessary medical care than to simply let the patient die.  If the victim happens to be a newborn with a serious birth injury, such as a severe form of cerebral palsy, there is a life time of medical care and lost economic wages the doctor or hospital will be responsible for which could cost millions of dollars.  However, if the patient on the life support were to be disconnected from the life support or the do not resuscitate form was filled out; the cost to the medical facility may be capped at $250,000.  Nobody wants to think that millions of dollars could influence a life or death situation, but before you allow that decision to be made for someone you love, you should consider getting a second opinion, including that of an experienced medical malpractice attorney who is also a licensed medical doctor.  Dr. Fagel will provide you with an independent opinion regarding whether medical malpractice was the cause of the catastrophic injury and what your legal rights are, and allow you to make up your own mind without the influence of someone who may be biased and not serving your family's best interests.

If you have questions about a family member who is on life support or died because of medical malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates for a free consultation.  Dr. Fagel has extensive experience handling cases like this and can help provide the answers you need.

If you or a family member has been seriously injured by what you believe to be the fault of a doctor, nurse, or medical facility, you probably have a lot of questions.  The most important question very likely is do I have a medical malpractice case?  Three issues must be met for a medical malpractice case to be proven: 

• That negligence was caused by at least one or more health care providers involved with the patient's care
• The negligence was the cause of injury or death
• The damages were the result of negligence

In order to prove negligence, it will be required to prove the facts of the case and to use expert testimony to demonstrate that the medical care was below an acceptable standard of care for physicians in the community or hospitals.  The cost of retaining medical experts in medical malpractice cases can easily exceed $200,000 or more before trial.  This is why it is important for anyone considering filing a medical malpractice case to find an attorney who can afford and is willing to front the money for the medical experts and understands how to ask the right questions of the medical experts. 

This is where being both a licensed medical doctor and a medical malpractice lawyer provides Dr. Bruce Fagel an enormous advantage over most other attorneys. Dr. Fagel understands the medical terminology and knows exactly what to look for in the medical records and what questions to ask the medical experts and defendants.  Much of the evidence necessary to prove the case will be located in the medical records and this evidence allow medical experts to base their opinions about the standard of medical care provided in your case.

A medical malpractice attorney must determine whether your case will likely prevail by resulting in a verdict or settlement in your favor.  If it is determined that the case likely would not obtain a verdict or settlement, then there is no reason to move forward.

A California medical malpractice attorney such as Dr. Fagel will examine the medical records very early in the case. Usually, the medical professionals responsible for the negligence will deny that they were negligent; therefore, it will require an experienced medical malpractice attorney to make a determination to see if this is true or not.  Proving negligence in a medical malpractice case will require analyzing the facts and using expert testimony to demonstrate the medical care was below an acceptable level.

If Dr. Fagel determines negligent care was a cause of the injury or death, his law firm has the ability to pursue these types of cases to a successful conclusion, regardless of the resources the medical professionals or hospitals may have at their disposal to defend themselves.  Medical malpractice cases can be some of the most expensive cases to pursue and most medical professionals, medical facilities, and insurance carriers retain top defense attorneys to protect their interests, therefore it is critical that you hire an attorney who knows how to take on these types of attorneys to protect your interests.

If you or someone you love has been injured or died because of the negligence of a doctor, nurse, or medical facility, contact The Law Offices of Dr. Bruce G. Fagel & Associates for a free consultation.

A wrongful death claim is a specific type of medical malpractice action whereby the patient died as a result of medical negligence.  Wrongful death cases address damages that victims can recover differently than other types of medical malpractice claims.

One area in which California wrongful death claims are handled differently than other medical malpractice claims is that any pain and suffering the decedent suffered before death is not recoverable by the heirs.  However, elderly abuse and nursing home abuse claims provide the only exception to this rule; whereby the family of an elderly patient who lost their life due to nursing home abuse can sue for damages to cover pain and suffering that the elderly victim suffered before death.  This specific law was added by the California legislature to protect the elderly, after an alarming number of cases were discovered regarding nursing home abuse.  Unfortunately, nursing home abuse is still a problem.

California law limits non-economic damages in wrongful death claims to $250,000.  However, if there are economic losses suffered by the heirs as a result of a death, then the heirs can recover more than $250,000.  There are no limits under California law for economic losses to which the heirs can recover.  The amount of economic damages that can be recovered will depend on the age and prior income of the descendant.  A knowledgeable attorney will also understand that there is economic value to services provided by the descendant to the family as well, even if the descendant wasn't working at the time of the death.  For example, the loss to the family of non-monetary services a stay at home mother may provide, including house cleaning and caring for the children. This is one of the reasons why it is important for the family of a wrongful death victim to consult with an experienced wrongful death attorney such as Dr. Bruce Fagel.

One challenge with wrongful death cases relates to the elderly who may have complex underlying medical conditions.  Added to this challenge is the fact that autopsies are often not conducted, but the cause of death is instead left to the opinion of the physician.  Even if an autopsy is conducted, it may not in itself demonstrate that negligence was responsible for the death.

Visit wrongful death video for more information.

In the event of the death of a loved one, the grieving family is entitled to proper compensation for their loss and answers regarding what caused the death.  Dr. Bruce Fagel is a wrongful death attorney and a licensed medical doctor, so he understands how to examine the medical records and autopsy report, as well as what questions to ask from the medical staff responsible for the wrongful death to get the answers family members need for closure.  Choosing the best wrongful death lawyer possible will help a grieving family get the compensation and answers they deserve in a wrongful death case.  

Medical negligence is the act or omission in treatment of a patient by a medical professional, which deviates from the accepted standard of care.  Medical negligence is usually the basis for a lawsuit demanding compensation for an injury caused to a patient by a doctor, nurse, or hospital.  Negligence by itself may not be enough to warrant a medical malpractice claim; however, if the negligence causes an undue injury to the patient, a medical malpractice lawsuit may be brought demanding compensation for the damages.

Damages in a medical malpractice claim usually include all medical costs related to the injury, loss of income, future lost wages because of the injury, and non-economic damages, including pain and suffering.

Medical malpractice includes:

• A surgical error
• A medication error
• Anesthesia error (anesthesia errors can cause injuries to the patient even after a successful surgery)
• Failure to diagnose a medical condition or to diagnose it in a reasonable amount of time; therefore, causing the condition of the patient to worsen
• Failure to follow up with the proper treatment for the patient, therefore resulting in a worsening condition for the patient

Although on the surface, it may seem simple enough; if a doctor, nurse, medical professional, or medical facility causes harm to a patient, that patient and/or their family simply initiates a medical malpractice lawsuit and those medical professionals who were responsible for the negligence pay the damages and everything is resolved.  Unfortunately, medical malpractice cases are far more complicated than that.

In fact, medical malpractice cases are among the most aggressively defended cases, regardless of the injury.  Insurance companies for doctors and hospitals also hire the best defense attorneys in the state and will often pay more to defend a case than to settle.  Obtaining the highest possible settlement with any medical malpractice case requires that the defendant's doctor or hospital's insurance carrier fears your attorney.  Many attorneys who handle medical malpractice cases have never tried a case to a successful conclusion, and they may be tempted to settle your case for less than full value.  Also when you factor in that the costs of preparing for a medical malpractice case can easily exceed $200,000 or more before trial, it is critical that an attorney is able to cover this money.

Another complication with a medical malpractice case involves the medical staff when they deny responsibility for their negligence.  They often deny their negligence or place the blame on other factors, such as an underlying medical condition the patient may have.  Doctors also understand how to use complicated medical terminology to confuse the patient's attorney and if the case is tried before a jury, doctors understand how to use complicated medical jargon to confuse the jury as well. 

This is why it is critical for a victim of medical malpractice to seek out the best medical malpractice lawyer possible, such as Dr. Bruce Fagel.  Dr. Fagel is both a licensed medical doctor and a leading medical malpractice attorney, so he understands exactly how to prove where medical malpractice occurred in your case.  Since he is a licensed medical doctor, the doctors and hospitals can't confuse Dr. Fagel with complicated medical terminology. 

If you or someone you love has been injured due to the negligence of a doctor or medical facility, contact The Law Offices of Dr. Bruce G. Fagel & Associates for a free consultation.

Most people find it difficult to believe that anyone, especially a nursing home professional or caregiver would neglect or abuse someone as fragile and vulnerable as an elderly resident; however, nursing home abuse is occurring at an alarming rate. In fact, the stories of rampant nursing home abuse have caused some states to enact special provisions to help curb the abuse and provide additional protections for the elderly.  California is such a state; in fact, wrongful death claims involving nursing home abuse are now the only wrongful death claims that allow for the recovery of compensation to include pain and suffering that the victim suffered before the death.  Although this recovery is limited to $250,000, additional compensation may be awarded for other losses and this may include punitive damages as well.

It may be difficult to observe nursing home abuse or nursing home neglect.  Family members who visit their loved ones in a nursing home may incorrectly believe the nursing home abuse signs they observe are merely natural signs of aging or a medical condition that is worsening.  A victim of elderly abuse may not even realize they are being abused, or be afraid to speak out about the abuse, as they may fear retaliation from the abuser.  Nursing homes that are guilty of nursing home abuse and neglect, may even try to hide the evidence by concealing the abuse, blaming the victim, blaming the deteriorating condition of the victim, or even blame the medical equipment for the visual signs of bruising. 

There are many forms of nursing home abuse and elderly abuse.  These include physical abuse, emotional abuse, sexual abuse, malnutrition, and neglect. Common causes of abuse and neglect towards the elderly residents include caregivers and nursing home staff not being properly trained in how to care for an elderly patient. The nursing home staff may be underpaid, overworked, or have emotional problems.  They may even simply lose control of their emotions and take out their anger on an innocent elderly resident who happened to be in the wrong place at the wrong time.  This brings a better understanding that nursing home staff and caregivers are human beings, and some human beings simply do not belong in a position of caring for others.  Family members who discover this type of abuse and neglect are often shocked to learn that the professional people they trust to care for their aging loved ones has let them down.

Signs of nursing home abuse and neglect:

• Unexplained bruises, cuts, burns, sprains, or broken bones
• Bed sores, poor hygiene, dehydration, malnutrition, poor living conditions, soiled bed
  
• Medical conditions that are not being addressed
• The nursing staff or caregiver refuses to leave you alone with the elderly resident (fearful your loved one may speak up about the abuse or neglect)

Visit nursing home abuse video for an informative video about nursing home neglect and abuse.

If you believe someone you care about is the victim of nursing home abuse, nursing home neglect, or elder abuse by a caretaker, please contact an experienced nursing home abuse lawyer such as Dr. Bruce Fagel right away.  Dr. Fagel is both a medical malpractice attorney and a licensed medical doctor, so he knows what signs to look for when examining nursing home abuse cases.  The elderly and those adults who are dependent on the care of others require the strongest protection from neglect and abuse.

The Medical Injury Compensation Reform ACT (MICRA) is a statute that was enacted by the California legislature in 1975.  MICRA, which was strongly influenced by doctors and medical professionals was created to lower the amount of non-economic damages a victim of medical malpractice can recover and shorten the statute of limitations, which reduces the amount of time a victim has for filing a claim.  Doctors helped create a perception in the public arena that medical malpractice lawsuits were out of control and damages needed to be reduced.

MICRA affects victims of medical negligence by placing a limitation of $250,000 on non-economic damages in medical malpractice lawsuits, including emotional distress and pain and suffering.  Although the cost of living has increased dramatically since 1975, MICRA has never increased the amount of non-economic damages to reflect this value; thus, a $250,000 verdict awarded in 1975 would be worth less than $75,000 today.  

Although this statute creates a challenge for California medical malpractice victims, there are other states that have enacted even stronger restrictions.  For example, in Virginia, the state places a limit of $2 million for the total amount a victim of medical malpractice can recover for economic, non-economic, and punitive damages.  Colorado is another state with challenging restrictions.  Colorado places a cap of total damages at $1 million with no more than $250,000 allowable for non-economic damages.  Indiana places a total cap of $1.25 million for economic and non-economic damages.  Therefore, if a birth injury victim were awarded $6 million in damages in the state of California, they would only be awarded $1.25 million in the state of Indiana.

Fortunately for victims in California, MICRA does not put a cap on economic damages, which is important for victims of medical malpractice, as medical expenses for a serious birth injury such as cerebral palsy, can cost well into the millions of dollars.  Economic damages also includes lost wages.  What many people often forget to consider when dealing with a serious birth injury is the cost for medical care continues throughout the victim's life, not just when they are a child.  Therefore, the victim may require a 24 hour a day caregiver, operations, therapy, medication, and doctor and hospital visits for the rest of his or her life.

Dr. Bruce Fagel has been helping victims of medical malpractice for nearly three decades.  In addition to being a leading medical malpractice lawyer, Dr. Fagel is also a licensed physician, so he understands where medical malpractice takes place and how to obtain the maximum settlements for his clients.

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.