Posts Tagged ‘california attorney’
Wednesday, August 11th, 2010
When we are sick and under the care of a physician we take it for granted that we are receiving the best care possible. When our physician advises us that diagnostic procedures are called for to help in our recovery we generally agree under the assumption that the procedure is safe and in our best interest. Unfortunately recent reports may call those assumptions into question.
As early as October of last year the U.S. Food and Drug Administration issued an alert regarding CT machines manufactured by General Electric and Toshiba that were used to perform brain perfusion scans in hospitals across the country. A brain perfusion scan is typically done after a patient appears to have suffered from a stroke. A Ct perfusion scan can identify a stroke by viewing the blood flow images and is therefore not the kind of test a patient is likely to refuse. Patients that underwent these scans were already in a vulnerable medical state and the scans were thought to be a valuable diagnostic tool. Reports, however, indicate that the CT machines may have been wrongly calibrated subjecting patients to excessive doses of radiation.
The majority of the patients that appear to have been affected were patients at California hospitals according to reports by the Food and Drug Administration. Almost 300 patients at Cedar-Sinai Medical Center in Los Angeles and another 37 from Providence Saint Joseph Medical in Burbank were injured by the excessive radiation doses. Another ten incidents are currently being investigated at Glendale Adventist Medical Center in California and cases have been reported at Los Angeles County hospital as well as University of Southern California Medical Center. While California appears to be home to the highest number of incidents, Alabama has also reported another 65 patients that were affected. While Alabama has fewer victims, the Alabama patients appear to have been hit the hardest with as much as 13 times the acceptable levels of radiation. To make matters worse, reports are that technicians may have intentionally used higher levels of radiation in order to make images clearer. Preliminary inquiries also show that the machines may have been set at higher levels for as much as 18 months before detection which leads experts to believe that there may be a significant number of additional victims that have yet to come forward.
Patients that have reported problems after having a CT scan have reported hair loss, skin reddening, headaches, memory loss and confusion. To make matters worse, many of the affected patients are now considered to be at risk for brain damage and cancer.
Officials at Cedars-Sinai theorize that a feature on the machine that can automatically adjust the radiation level according to the patient’s size and body part. Apparently, however, when used with certain machine settings that govern image clarity, the automatic feature did not reduce the dose — it raised it.
If you, or a loved one, are concerned that you may have been affected by excessive radiation from a CT brain perfusion scan, you may have legal options available to you as a result of any damages you have suffered. Please contact California attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit his website at www.ledgerlaw.com for more information.
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Monday, June 7th, 2010
Each year millions of our parents, grandparents, aunts, uncles and family loved ones are victimized by the very people that are entrusted with their care. Nursing home abuse is far more prevalent than most of us would like to think. Exact statistics are very difficult to come by showing the number of citizens aged 65 and older that are exploited, abused, neglected or mistreated each year in the United States but even the most conservative estimates put that number at over one million. Some experts estimate that for every one incidence of elder abuse that is actually reported, there may be as many as five that go unreported. Much like the victims of child abuse, victims of elder abuse may be afraid of reprisals if they report the abuse or may be in a deteriorating mental state and unaware of the abuse that they are suffering. Elder abuse can happen anywhere, in any setting, and be perpetrated by any type of caregiver. Sadly, the nursing homes that we depend on to take care of our elderly loved ones are one of the most common settings for elder abuse.
For most of us, the decision to put an elderly relative in a nursing home is not an easy one. Weeks, months, even years can be spent debating what to do with an aging relative. Many people choose to bring the relative to live with them only to find that they can’t give them the attention and security that they need in their twilight years. Taking care of an elderly loved one can be physically, emotionally and financially draining. Even with the best of intentions, many people eventually come to the conclusion that they must put their elderly loved one in the care of a nursing home. The idea, of course, is that they will be safe, secure and comfortable in a nursing home. You have been assured that their health will be monitored on a daily basis, they will be able to interact and socialize with other seniors and all their practical concerns will be attended to by the staff at the nursing home. Ideally, this is how a nursing home works. Sadly, sometimes instead of treating our loved ones with the care and respect they deserve, they are mistreated, neglected and even abused in the nursing home that was entrusted with their care.
So what can you do if you suspect that your loved one has been mistreated, neglected or abused by the staff at a nursing home? There are a number of government agencies that are involved in the regulation and investigation of nursing homes. In California, you can call the Adult Protective Services for the county that your loved one resides in, as well as contacting the California Long Term Care Ombudsman. If you feel that legal action is warranted, you may be able to file a lawsuit against the nursing home for injuries that your loved one has suffered. For more information on your legal rights and options, contact the California elder abuse law firm of Ledger & Associates. Attorney Emery Ledger has been fighting for victim’s rights in California for over a decade. He can be reached for a free detailed evaluation of your case at 1-800-300-0001 or visit him online at www.ledgerlaw.com.
Tags: attorney, attorney emery ledger, bus, california attorney, emery, emery ledger, Ledger, ledgerlaw.com, neglect, nursing home abuse, nursing home neglect, nursing homes
Posted in Nursuing Home Abuse | Elder Abuse | No Comments »
Sunday, May 30th, 2010
Many people have heard the term Mesothelioma, but generally only those that have affected by it have any real idea what it is. Mesothelioma is a relatively rare type of cancer. In people afflicted with mesothelioma, malignant cancer cells are found in the mesothelium. So what is the mesothelium and how does one get mesothelioma?
The mesothelium is a membrane, or protective sac, that covers and protects the majority of the body’s internal organs. The mesothelium has two layers so that one layer is directly around the organ it is protecting and the other forms a sac around the first layer. The mesothelium produces a lubricating fluid that is released between the two layers which allows moving organs such as the beating heart or expanding lungs to glide easily against adjacent structures. The mesothelium can be referred to by different names depending on where in the body it is located. The peritoneum is the mesothelial tissue that covers most organs found in the abdominal cavity while the pleura surrounds the lungs and lines the walls of the chest cavity for example.
Mesothelioma – or cancer of the mesothelium – happens when the cells of the mesothelium become abnormal and start to divide put of control. When that happens, they begin to invade and damage nearby tissues and organs. Not only can they damage nearby tissues and organs, but when cancer cells metastasize (spread) to other parts of the body they can cause damage their as well.
Mesothelioma was once thought of as an extremely rare type of cancer. Over the last 20 years, the reported incidences of mesothelioma have increased at an alarming rate. Working with, or exposure to, asbestos is the largest risk factor for developing mesothelioma. Estimates are that 70-80% of the reported cases of mesothelioma can be traced back to extended exposure to asbestos. Asbestos is a has been used in many industries including flooring products, brake linings, roof shingles, cement, insulation, textiles and many others. When these products are being manufactured, small particles of asbestos may escape into the air and then be swallowed by unsuspecting employees. Once these particles enter your lungs, they can increase your risk of developing mesothelioma.
Asbestos has been widely used in the United States for over 100 years in the manufacture of different products. The potential link between asbestos and cancer has been known for over 50 years, but regulations were not put in place to protect workers until recently. Now, the U.S. Occupational Health and Safety Administration (OSHA) sets very strict guidelines for how much asbestos a worker can be exposed to. While that may help those that work in asbestos industries at the moment, there were thousands, maybe millions, that were exposed to asbestos before those rules and regulations were put into place. Worst of all, family members of workers in an asbestos industry could have also been exposed to the cancer causing asbestos and are also at risk for developing mesothelioma.
If you, or a loved one, worked in an industry that used asbestos, or believe that you were exposed to asbestos for any other reason, consult a physician for a thorough examination. The actual symptoms of mesothelioma may not appear for as long as 50 years after exposure takes place. Only a physician can diagnose mesothelioma but the sooner you are diagnosed the better your chances of beating the disease.
If you are diagnosed with mesothelioma, you may be entitled to compensation for the injuries you and your family have suffered as a result of exposure to asbestos. To find out more about your legal options, contact the mesothelioma law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.
Tags: acto, amp, asbestos, ational, attorney, california attorney, cat, compensation, esto, family members, istration, juries, law, Ledger, ledgerlaw.com, legal options, lungs, Mesothelioma, options, osha, ploy, risk, safety, safety administration, shingles, states, text, united states
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Wednesday, May 26th, 2010
In the recent decades, much has been done to shed light on the prevalence of child abuse and domestic violence. While we would all agree that the efforts to bring the abuse of innocent and vulnerable women and children to the attention of the country, there is still one segment of the population that continues to suffer abuse and neglect at an alarming rate. Abuse and neglect of the elderly has reached epidemic proportions by most experts’ estimates. Due to the huge percentage of incidents of abuse and neglect that go unreported, exact figures are hard to come by, but estimates put the number of Americans over the age of 65 that are abused or neglected each year at over one million. Considering the fact that our senior citizen population continues to grow, we can expect that number to grow as well unless something is done to protect them.
The percentage of the population in the United States that is age 65 or older has tripled in the last one hundred years. Thanks to longer life expectancies, better medical care and a generally better standard of living, many of us are living well into our 80’s and 90’s and beyond. This should be wonderful news. Unfortunately, for some, it creates another segment of the population to exploit. As out grandparents and then out parents get older, we are faced with decisions regarding their care. For those that are lucky enough to have the time, money and resources to care for an elderly loved one at home, the decision is easy. For others that are forced to seek outside help to care for an aging loved one, the decision can be heart wrenching and difficult. The options are endless for care of the elderly – family caregivers, private nurse caregivers, retirement homes and nursing homes are all options for the care of the elderly. But what if you suspect that your loved one is not getting the care that they need and deserve? The very vulnerabilities that require them to need care in the first place are also what make them easy prey for caregivers to abuse, mistreat or neglect our loved ones.
Signs of physical abuse may be easier to spot then signs of neglect, but make no mistake that neglect of the elderly can have tragic consequences as well. That old saying that tells us “If something doesn’t seem right – it probably isn’t” truly applies in these situations. Elder neglect can come in a variety of forms. Examples include: failure to provide necessary medications or over medication sedate the patient; failure to bathe the patient or provide clean linens or clothing; failure to provide sufficient exercise for the patient; insufficient nutrition; and failure to contact family or medical personnel when needed or requested. If you suspect that your loved one is being neglected, you may want to contact the facilities’ supervisor, the caregiver’s supervisor in the case of a private nurse or the Adult Protective Services in your area. If none of these solutions solve the problem, or if you still feel that legal action is necessary, then you should contact a California elder abuse attorney. Neglect may rise to the level of legal negligence and therefore can be the basis for a civil lawsuit to recoup damages for the injuries your loved one has suffered. For a free detailed evaluation of you California elder neglect case, please contact the law firm of Ledger & Associates. For over a decade, attorney Emery ledger has been fighting for the rights of victims. He can be reached at 1-800-300-0001 or at www.ledgerlaw.com
Tags: abuse and neglect, attorney, attorney emery ledger, bus, california attorney, emery, emery ledger, juries, law, lawsuit, Ledger, ledgerlaw.com, neglect, Negligence, nursing home, nursing homes, options, physical abuse, signs of neglect
Posted in Nursuing Home Abuse | Elder Abuse | No Comments »
Tuesday, May 18th, 2010
If you have lost a loved one through the negligence or other intentional wrongful act of a person or persons, then you may be entitled to file a wrongful death or survivor action in the State of California. So what are these two types of actions and how are they different?
A wrongful death action is governed by California Code of Civil Procedure Section 377.60 and is filed by one, or more, of the heirs of the decedent. The heirs that are qualified to file are generally close family members such as spouse, children, parents or heirs of those family members. The theory behind a wrongful death action is that the heirs have the right to file for compensation for the future support that they would have received from the decedent had he lived. They may also recover for non-economic losses such as loss of companionship, support and consortium. While these are called “non-economic” losses, they are compensated in monetary terms. The computation of damages in a wrongful death action is very complicated and must take into account numerous factors such as the earning capacity of the decedent at the time of death, future earning capacity, age and health at time of death and contribution to the support of the household. What are NOT taken into account in a wrongful death action are any damages suffered by the decedent prior to his actual death. In other words, if the decedent did not die immediately, any damages that the decedent suffered are not compensable in a wrongful death lawsuit. Additionally, punitive damages cannot be awarded in a wrongful death lawsuit.
A survivor action is governed by California Code of Civil Procedure Section 377.30 and is filed in the name of the deceased by a living representative. Any compensation won in a survivor action is then paid to the heirs of the decedent through the decedent’s estate. A survivor action is intended to compensate the decedent for damages suffered by the decedent before death. In other words, if the decedent was in an automobile accident and was not killed immediately on impact, then any time that the decedent lived from the moment of impact until death is compensable. The time of survival can be only seconds or months in theory. The important issue in a survivor action is whether the decedent survived for ANY period of time after the incident or accident that gave rise to the death happened. Damages in a survivor action are limited to damages actually suffered by the decedent such as medical bills prior to death; however punitive damages can potentially be awarded in a survivor action if it can be proven that the Defendant’s conduct was willful, wanton, reckless or malicious. This is a significant difference between a wrongful death action and a survivor action.
If you have suffered the loss of someone close to you and would like additional information on your legal options, please feel free to contact the California law firm of Ledger & Associates for an appointment with attorney Emery Ledger. The lawyers at Ledger & Associates have been fighting for victims and their rights for over a decade and would be happy to sit down with you for a free and confidential detailed evaluation of your case. They can be reached at 1-800-300-0001 or online at www.ledgerlaw.com
Tags: accident, attorney, attorney emery ledger, auto, automobil, automobile accident, california attorney, compensation, damages, deceased, decedent, defendant, emery, emery ledger, family members, killed, law, lawsuit, lawyer, Ledger, ledgerlaw.com, legal options, loss of companionship, losses, medical bill, medical bills, Negligence, options, punitive damages, time of death, wrongful death, wrongful death law, wrongful death laws, wrongful death lawsuit
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Monday, April 26th, 2010
If you are a California resident and are considering a lawsuit against a corporation, you may be wondering what is the best forum in which to file your lawsuit. When you file a lawsuit against a corporation, you frequently have more than one option for where to file – federal court or state court. You may also have the option to join with other consumers and file what is known as a class action lawsuit or file an individual lawsuit. The first decision that you may want to make is whether to sue as an individual or join a class action.
So what are the differences between filing as an individual or as part of a class action? What are the advantages and disadvantages? If you decide to file a lawsuit as an individual, then that means that you will hire your own attorney and your attorney will file the lawsuit on your behalf and only on your behalf. Any evidence that is gathered or presented in court will apply only to your specific set of circumstances. In this case, only your relationship with a corporation will be applicable to the lawsuit. What you paid them personally, what services they provided for you (or didn’t provide for you) and any communication you had with them regarding complaints or requests for refunds will be allowed. If other California consumers had similar complaints or problems then that evidence will typically not be admissible. On the other hand, if you decide to become part of a class action lawsuit, then you will join with other consumers in one big lawsuit. You will all be represented by the same attorney, or group of attorneys. All the members of the class action will be named as Plaintiffs in the lawsuit. One of the prerequisites for a class action lawsuit is that all the members of the class have similar issues or complaints. A class action can be filed in either federal or state court. In a class action lawsuit, evidence from all members of the class may be utilized in the lawsuit.
One of the advantages of an individual lawsuit is that you will have a more personal relationship with your attorney. Your attorney will only be representing you and your interests instead of possibly hundreds or thousands of other people’s as well. Additionally, if you win an individual lawsuit, then all of the money awarded in the lawsuit will be yours – aside from attorney fees of course. On the down side, an individual lawsuit may be harder to win. You will not have the advantage of testimony and evidence from additional consumers. You may also have to bear the financial burden of paying attorney fees while the lawsuit is pending all by yourself. In a class action lawsuit, you have the advantage of a large group of people and therefore a pool of testimony and evidence which may make the case easier to win. You may also not have to pay any upfront costs of the lawsuit as attorneys are more likely to take on a class action lawsuit with an agreement to be paid out of the settlement funds than they are an individual lawsuit. On the downside, Plaintiffs rarely receive a significant amount of compensation out of class action lawsuits because the money is distributed among the Plaintiffs. So while you may be more likely to prevail, you are unlikely to receive as much money. You will also not have as much of a personal relationship with your attorney as he will be representing many clients – not just you – in the lawsuit.
If you feel that you have been wronged by a corporation and would like additional information or have additional questions, please feel free to contact the California Law Firm, Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com
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Friday, March 5th, 2010
Law makers, regulators, watchdog groups and concerned citizens keep espousing the dangers of talking on cell phones while driving yet many of us keep doing it anyway. Sadly, another example of how deadly the consequences can be occurred last Thursday in Santa Clara County, California.
According to the Gilroy Dispatch, 75 year old Steven Kroff, of San Martin, was driving his Sebring Convertible southbound on No Name Uno in North Gilroy. He approached the intersection at No Name Uno and Buena Vista where he was required to stop. He did come to complete stop but then began to pull out into the intersection. Traffic traveling East-West on Buena Vista is not required to stop at that intersection. Immediately upon interring the intersection, Mr. Kroff was struck by an oncoming truck. The truck, which crushed the driver’s side of the Sebring, was driven by a 40 year old Gilroy woman. Steven Kroff was pronounced dead the scene and the driver of the truck was taken to a nearby hospital. Upon investigation by law enforcement, they discovered that Mr. Kroff had been talking on his cell phone at the time of the collision which may explain why he pulled out in front of the oncoming truck. Reports did not specify whether he was talking on a hands-free device or not, but California is one of six states that prohibit all drivers from using handheld devices while driving, according to personal injury attorney Emery Ledger of Ledger & Associates in California.
Attorney Ledger points to the statistics for driving while talking to explain the dangers of using handheld devices while driving. “Statistics tell us that talking on a cell phone can contribute to as many as 25% of all auto accident” according to Attorney Ledger. The National Highway Traffic Safety Administration (NHTSA) released a study in 2005 that found that at least 10% of all drivers on the road at any given time of the day are using cell phones. That amounts to about 800,000 people talking while driving on the nation’s highways at any given time of the day. Estimates are that about 2,600 people are killed each year as a result of using a cell phone while driving and another 300,000 or more are injured because one of the driver’s was using a cell phone while driving. “Using a cell phone while driving is a form of distracted driving”, says Attorney Emery Ledger. Anything that takes your attention off the road, even for a second, creates a distraction and can lead to an auto accident. The vast majority of accidents – close to 80% – can be attributed to some form of distracted driving. Regrettably, Mr. Kroff may have lost his life last week in a tragic accident that never should have happened and could have been prevented.
If you have been the victim of an accident and you believe that the use of a cell phone contributed to the accident, then you may have a personal injury case. For more information, or for an evaluation of your accident, please contact Emery Ledger of Ledger & Associates online at www.ledgerlaw.com or toll-free at 1-800-300-0001.
Tags: accident, accidents, amp, ational, attorney, auto, auto accident, california attorney, cell phone, cell phone while driving, consequences, crash, distraction, dog, handheld devices, highway traffic safety, highways, injury, istration, killed, law, Ledger, national highway traffic, national highway traffic safety, national highway traffic safety administration, nhtsa, noun, Personal Injury, personal injury attorney, personal injury case, regulators, safety, statistics, traffic, traffic safety administration, tragic accident, watchdog groups
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