Chihak & AssociatesSan Diego Medical Malpractice Attorney | Personal Injury Lawyer | Del Mar Wrongful Death2024-03-16T22:15:36Zhttps://www.chihaklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1301580/2022/09/cropped-Chihak-and-Associates-logo-icon-32x32.pngOn Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475622024-03-16T22:15:36Z2024-03-16T22:15:36ZIf you get involved in a car accident, it may not be your fault. Maybe someone else ran a red light and T-boned your car. They were distracted by their phone and they didn’t see the light. You know that the fault lies with them, and the police report backs that up.
As a result, you’re looking to seek compensation for the damages that you suffered in the crash. What are some of the areas you can consider?
Medical bills
To begin with, consider any medical bills that you have from your injuries. Simply being driven to the hospital in an ambulance can cost thousands of dollars. If you had a serious injury, such as a traumatic brain injury, you could be looking at hundreds of thousands of dollars in medical costs.
Pain and suffering
If you have been injured, you’ve likely experienced significant pain and suffering that you wouldn’t have gone through without that other driver’s negligent action. You may be able to seek some compensation for this or related issues, such as your loss of enjoyment in life or a loss of consortium.
Changes to your income
Finally, just consider how the accident may have changed your income and your earnings. Start by looking at any lost wages from the time you spent in the hospital. But also be sure that you consider if you’re going to have any lost earning capacity in the future and how your long-term earnings may be altered.Are you interested in seeking compensation in some of these areas? You must know exactly what legal options you have.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475612024-03-13T13:08:17Z2024-03-13T13:08:17Zmedication errors may experience a wide range of consequences. These include minor health issues, severe problems, life-threatening conditions or even death. Recognizing the types of medication errors and their potential effects is essential for addressing and supporting those affected.
Types of medication errors and consequences
Medication errors can take many forms, such as prescribing the wrong medication or dosage, dispensing errors, administering medication to the wrong patient and failing to recognize potential drug interactions or allergies. The consequences for victims can include:
Adverse drug reactions
Prolonged illness
Hospitalization
Additionally, victims often face emotional and psychological distress, including a loss of trust in healthcare providers, anxiety and depression. They may also experience the financial burden of additional medical treatments and lost income.
Addressing medication errors as a victim
Victims of medication errors should know that they aren’t at fault. The onus is on the medical providers to ensure medication is handled correctly. They can’t allow other things to distract them to the point that they make errors. When medical professionals follow the proper protocol, the risk of patient harm is reduced.
It’s possible for patients to play a role in preventing medication errors, but that ability is limited. Knowing what medications they should take, how often they should take it and what the medication looks like can all help patients to avoid being the subject of medication errors.
Victims of medication errors have legal rights. They can seek compensation for the financial damages they’re dealing with because of a medication error. This can include the costs of medical care, missed wages and any other expenses they have as a result of the error. Time is limited for these cases in California, so victims should be sure to seek legal guidance and get things started quickly.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475602024-03-04T19:28:48Z2024-03-04T19:28:48ZPregnancy is a time when the healthcare needs of a mother become particularly complex, requiring the utmost attention and care from medical professionals. Unfortunately, the reality is that conditions affecting pregnant patients are too often misdiagnosed, leading to outcomes that may be both devastating and preventable.
This issue underscores the vulnerability of pregnant patients and emphasizes the – very unfortunate – need for pregnant patients and their loved ones to understand just how important it is that those who are pregnant avoid taking the words of their providers for granted. If something seems wrong and a doctor is too reassuring or dismissive, it’s time for a second opinion.
What is going on?
Misdiagnosis during pregnancy can occur for a variety of reasons. For example, the overlap of pregnancy symptoms with those of other medical conditions, can lead to confusion and inaccurate conclusions. Symptoms such as nausea, abdominal pain, and fatigue are common in pregnancy but can also indicate serious conditions that require different treatments. This similarity in symptoms can lead to a dismissal of serious concerns as mere side effects of pregnancy, delaying necessary medical intervention.Another contributing factor to the misdiagnosis of pregnant patients is the lack of specialized training and awareness among healthcare providers. Despite advances in medical education, there remains a gap in understanding the unique physiological changes and medical needs of pregnant individuals. This gap can lead to an underestimation of the risks and symptoms associated with pregnancy-related complications, such as preeclampsia or gestational diabetes, which, if not properly managed, can lead to severe consequences.The consequences of misdiagnosis during pregnancy are far-reaching and can include unnecessary harm to a pregnant patient and/or to their unborn child. As such, it’s critical for pregnant patients who are concerned that they may not have been diagnosed correctly to seek additional medical attention. If harm does occur as a result of misdiagnosis, it can also be beneficial for affected patients to seek personalized legal guidance about their rights and options.
]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475572024-02-14T19:49:51Z2024-02-14T19:49:51ZRelative and absolute concerns
A contraindication refers to a situation when a drug, procedure or surgery should not be used because it may harm the patient. There are two main categories of contraindications:
If the contraindication is relative, a medical treatment or procedure may still be considered if the benefits outweigh the risks. However, if the contraindication is absolute, the risks far outweigh any benefits, and the medication or surgery should not be done under any circumstances.
There are several scenarios where contraindications may come into play, including
Drug-drug interactions, where some medications can't be used together because of harmful effects.
Certain pre-existing conditions can make specific treatments unsafe. For example, someone with severe asthma may not be able to take some heart medications.
A drug can also be contraindicated if a patient is known to be allergic to a particular medication.
Many drugs are contraindicated during pregnancy or breastfeeding because they may harm a fetus.
Awareness of contraindications can help patients better understand their options and empower them to make informed decisions. This awareness can also promote open communication between patients and healthcare providers.
It's imperative that medical professionals understand and review contraindications. Failure to do so could lead to severe health complications and, in some cases, could be life-threatening. It could be considered negligence if a physician chooses to ignore these warnings. If a patient suffers actual harm, it could be grounds for a medical malpractice lawsuit.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475502024-02-02T23:34:44Z2024-02-02T23:34:44ZEveryone dreads the cancer diagnosis. But what is far worse is not getting the diagnosis while there is still time to fight back against the disease. Sometimes, no news can wind up being the worst news of all.What happens when your cancer diagnosis is delayed? Below are some of the concerns as detailed by the Journal of Clinical Oncology.
The malignancy grows
When cancer cells go undetected by screenings and tests or are overlooked by medical personnel, the patient’s condition worsens. The malignant cells form tumors that grow larger, threatening vital organs and the blood supply.
Cancer metastasizes
The malignancy that was once confined to a single spot, e.g., breast, appears in another site in the body, e.g., brain or bones. At this point, treatment options may be limited. In some cases, the patient may receive only palliative care and/or enter hospice as their disease progresses.
Better screening, symptom awareness
If patients are routinely screened for certain diseases at age-appropriate intervals, fewer will fall through the cracks and fail to be diagnosed. Some patients also lack awareness of the symptoms of their condition, and physicians can alleviate this by addressing symptoms with their patients.
When neglect is the cause of the delay
If your or your family member’s cancer diagnosis was delayed due to a health care worker’s failure to provide the standard of care, you may be able to seek compensation for your losses, damages and injuries.Medical malpractice cases are won and lost based on a plaintiff’s documentation. Be diligent from the very start regarding the collection and preservation of evidence if you want to prevail at trial.
]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475492024-01-15T16:35:45Z2024-01-15T16:35:45Zsalary compensation for missed work.
Compensation for missed work can be granted via workers’ compensation for crashes that occur when someone is engaged in work-related activities at the time of a collision. By contrast, personal injury law applies when a third party causes a non-work-related crash. Understanding your rights is the first step toward securing the reimbursement you deserve in this way if you’ve been hurt due to a third party’s actions or inactions.
Establishing fault
Determining fault is a key factor in any personal injury claim. You may have grounds for a compensation claim if someone else’s negligence caused the car crash. Documenting evidence such as police reports, witness statements and medical records can strengthen your case.
Seeking compensation
Compensation for lost wages can help you to cover the income you would have earned had you not missed work due to the accident. Calculating this involves providing proof of your income and the duration of your absence from work. Please note that beyond claiming for missed work, you may also be entitled to compensation for medical expenses resulting from the car crash. This includes hospital bills, rehabilitation costs and ongoing medical treatments.
Initiating the compensation process may involve dealing with insurance companies. Communicating clearly and providing all necessary documentation to support your claim is crucial. It’s important to remember that the statute of limitations for filing a personal injury lawsuit in California is two years from the injury. Failure to file your claim within this stipulated duration can result in the forfeiture of your right to seek compensation.
In the aftermath of a car crash, the financial strain of missed work can compound the challenges you’re facing. However, understanding your rights, seeking proper compensation and taking appropriate legal action can help you mitigate the impact on your financial well-being.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475482024-01-11T22:19:35Z2024-01-11T22:19:35ZLimited emergency resources
Hospitals have a wide range of medical specialists and advanced life-saving equipment available. By contrast, ASCs may not have immediate access to such resources. This limitation can be critical if a patient experiences unexpected complications during surgery. The time taken to transfer a patient to a hospital can be crucial because delays can increase the risk of adverse outcomes.
Anesthesia risks
Administering anesthesia in any setting is risky, but these risks can be heightened in an outpatient setting. ASCs may not have the same monitoring equipment or staff expertise as hospitals. Anesthesia complications, although rare, require immediate intervention. The limited availability of specialized staff in ASCs can make managing these complications more challenging.
Postoperative care and support
Following surgery, hospitals provide comprehensive post-operative care, including overnight monitoring. In outpatient settings, patients are typically discharged on the same day. While this can be seen as an advantage, it also means that patients must manage their recovery at home. Complications like bleeding, infection or pain might not receive immediate medical attention, potentially leading to worse outcomes.
Patients who don’t fare well during or after a surgery at an outpatient surgery center need to get immediate care for their issues. If medical malpractice or negligence had a role in the issue, the victim may choose to seek compensation for the financial damages they’ve incurred. Seeking legal guidance can help to smooth this stressful process.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475472024-01-11T16:37:17Z2024-01-11T16:37:17ZIt doesn’t much matter if the actual surgical procedure on a patient goes well when the aftercare is insufficient or outright terrible.
Unfortunately, staffing shortages are affecting almost every aspect of health care these days, and that includes the rehab facilities patients often enter for post-surgical care. You only have to look at the case of former congresswoman Eddie Bernice Johnson. She died as a result of a post-surgical infection that her family says was directly related to negligent care that an administrator at the Baylor Scott and White Institute for Rehabilitation attributed to a staffing shortage. Her family is now pursuing a lawsuit for malpractice.
When facilities are short-staffed, patients suffer
Facilities know their staffing levels, but they continue to accept post-surgical patients even when they know they cannot care for them all. This leads to problems with:
Monitoring and observations of patients to identify signs of early complications
Slow intervention times when issues like respiratory distress or hemorrhages occur
Delays in medication, which can let patients’ pain spiral out of control
Minimal (or no) support for mobility challenges, which can increase the chances of a fall
Poor infection control, especially when patients and beddings are not kept clean
Communication breakdowns that can lead to lapses in coordinated care
Worker burnout, which can leave caregivers fatigued and prone to mistakes
If your loved one suffered injuries or died as a result of post-surgical complications related to poor medical care, you have every right to seek compensation for your losses. That may be the only way to hold negligent medical facilities and professionals accountable for what they have done.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475442023-12-27T05:29:38Z2023-12-27T05:29:38ZPatient exploitation for Medicare payouts
An analysis of Medicare claims shows an explosion in the number of atherectomies performed over a three-year period, from 2019 to 2022, fueled partly by strip-mall clinics and outpatient vascular centers. The study indicated that one in four patients underwent the invasive procedure after only receiving a diagnosis of claudication, with many resulting in surgical errors and amputation of the affected leg. Claudication is an early stage of vascular disease generally treated with medication and exercise. Some doctors stood out because of the high number of procedures performed, while others drew attention to themselves because more than half of their patients getting atherectomies simply had a claudication diagnosis.
Although the overwhelming number of physicians treating vein disease do not recommend this surgery as an initial step, others may frighten their patients into getting it by indicating that poor circulation can lead to leg amputation. With the high reimbursement rate, some physicians may use the procedure to cover the operating costs of their practices.
An indicator of a disturbing trend?
While analysis of Medicare claims has limitations, identifying these outliers is crucial to protecting patients who may suffer botched procedures that qualify as medical malpractice. Anyone unsure of a diagnosis and recommended treatment should get a second opinion.
If you or a loved one have suffered complications from a vascular surgery that may have been inappropriate, you may be able to file a malpractice claim against the doctor who performed it. A successful claim can help pay for further treatment, pain and suffering and supplying your daily needs.]]>On Behalf of Chihak & Associateshttps://www.chihaklaw.com/?p=475422023-12-12T08:12:05Z2023-12-12T08:12:05ZCalifornia is an at-fault state
In states with no-fault insurance laws, accident victims file claims with their own insurance companies even if they were not to blame. California is an at-fault state, which means accident victims must deal with the negligent party’s insurance company. The early stages of these negotiations may focus on allocating blame rather than determining fair compensation, which is why drivers in the Golden State should be very careful about what they say to other motorists, witnesses and first responders at motor vehicle accident scenes.
Insurance company negotiating tactics
Insurance claims adjusters know that car accident victims usually want to wrap up negotiations as quickly as possible, so they often make low initial offers to take advantage of their eagerness to settle. When car accident victims refuse to settle for less than fair compensation, insurance companies may use delaying tactics to drag the process out. Common insurance company negotiating tactics include taking days to respond to phone calls or emails and asking for documents that could be difficult to obtain.
Accident victims at a disadvantage
Car accident victims in California are usually at a disadvantage when they seek compensation because the insurance companies they negotiate with hire experienced and skilled professionals to settle claims for as little as possible. California is also an at-fault state, which means accident victims must negotiate with insurance companies that have little incentive to settle claims fairly.]]>