Tag Archives: Do I have a case

WHAT TO DO IN A CAR ACCIDENT ?

Posted on by

 

Car_crash_2

Rain in California, Southern California has come, thank goodness. But with rain comes more automobile accidents. You have just been involved in car accident, now what?

The scene can be chaotic immediately after a car crash, but following some basic steps can make things a little less stressful. You should always think about your safety and the safety of others. If someone has been injured, call 911 for assistance. Stay calm, being in a car accident is stressful and upsetting but failing to remain calm will only make things worse.

Stay at the Scene of the Accident
In an auto accident, California law says you must stop— if you drive away from the scene of an accident you can be charged with hit and run even if the accident was not your fault. Whether the accident involved a moving car, parked car, a pedestrian or someone’s property you must stop and identify yourself. Hit-and-run penalties are severe. Depending on the damage or injuries, you may be fined, sent to jail or both. You also could lose your driver’s license.

In addition to stopping you must also exchange information with the other driver or party —you must give your name and driver’s license number, the vehicle identification number of the car you are driving, the name and address of the car’s owner, the name and address of your insurance company and your insurance policy number.

If your accident involves other property or a parked car, you should attempt to locate the driver or owner. If you cannot locate the driver or owner, California law indicates that you may leave the scene of the incident only after you leave behind, in a conspicuous place, your name, address and an explanation of the accident, and the name and address of your car’s owner (if other than yourself). Also you are required to notify the local police or California Highway Patrol either by telephone or in person as soon as possible.

The law also requires that you call the local police or the California Highway Patrol if the accident caused a death or injury. An officer who comes to the scene of the accident will conduct an investigation. If an officer doesn’t show up, you must make a written report on a form available at the police department or CHP office as soon as possible.

Check on All Pedestrians, Drivers and Passengers
Immediately following an accident make sure everyone involved in the accident is basically okay, no broken bones or other emergency conditions. If someone is unconscious or has neck or back pain, don’t move them until qualified medical help arrives. The only exception to this suggestions is if a hazard is present that requires moving the person. Call 911 for emergency assistance. Check on all parties before assessing property damage,

Call the California Highway Patrol or local Police
If there is a death, physical injury or significant property damage you need to call the highway patrol or police. The appropriate authority will come to the scene of the accident and most likely prepare a report. It situations where officers do arrive at the accident scene, you should obtain the name and badge numbers of those responding.

Exchange Information
Even if officers come to the scene of the accident, you should get the names, numbers, addresses, drivers’ license numbers, license plate numbers from the other drivers involved. As well, you should get the basic insurance information. A good idea is if you have a smart phone and conditions allow, take a photograph of the other driver’s insurance card (front and back). If there are pedestrians or passengers, also obtain their names, numbers, and addresses

Talk to Witnesses
If there are witnesses present. You probably should ask each witness what he or she saw and take some notes concerning their observations. As well if possible, get their names, telephone numbers, and or addresses, if possible. If the accident happened on a surface street you might want to ask if accidents have frequently occurred at the location.

You Have a Cell Phone, Use It, Take Pictures and Other Tips
If safe to do so, it is a good idea to take photographs of the scene of the accident and any damage to the vehicles. It is also a good idea to take pictures of your vehicle as soon as possible after the accident. Photographs can help establish fault and document property damage. As well, pictures of your car after the accident help show the severity of the collision in the event you or a passenger suffered personal injuries.

A simple diagram of the accident scene is often helpful later on. If you have paper or a smart phone draw the positions of both cars before, during and after the accident. If there are skid marks on the road and it is safe to do you may wish to pace them off and jot down your findings on your diagram. Be sure to point the skid marks out to investigation officers. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights..

Also take notes, about weather and road conditions. If the accident happened after dark, note whether the streetlights were on. Note if any stop signs or traffic lights were missing, out or covered, take a picture if such problems exist.

Again, do not place yourself in a position of danger in order to complete an accident diagram or other “investigation.” Be aware of traffic conditions and skip any suggestions that could place you in a position of possible danger or harm

Who’s at Fault
It is rarely a good idea to discuss fault at the scene of an accident. If the other driver is obviously at fault, i.e. unsafe lane change or other obvious circumstances. Stating the same to the other driver in my opinion is OK, however, when talking to other drivers, passengers, pedestrians, or witnesses always try to be pleasant and cooperative. DO NOT BE COME ARGUMENTATIVE.

It is probably not a good idea to apologize for anything at the scene. For example, if you say, “I did not see the stop sign! Is everyone all right?” Your statement may be considered an admission of fault. However, immediately after an accident, it might not be clear who was at fault for accident. For instance, may the stop sign was covered by a low hanging tree branch. Therefore, I suggest you do not accept responsibility for an accident at the scene of the accident. You will have plenty of time to consider what happened and ultimately decide whether or not you were responsible for accident.

Report the Car Accident to Your Insurance Company
Most insurance policies require that you promptly report the accident to your insurance company. Your insurance policy and common sense requires you to cooperate with your insurance carrier. They will interview you and you should tell them the truth about what occurred. When questioned clearly explain the facts as you believe them to be. Lying is very problematic, indeed if your insurance carrier finds out that you have been untruthful you can have serious problems including possible denial of your coverage for the accident or even insurance fraud.

Get Medical Attention and Keep Track of Your Medical Care
If you are concerned about possible personal injuries at the scene of the accident tell the investigating officers about your injuries. If you were hurt in the car crash seek medical attention as soon as possible. A checkup may be a good idea for both you and any of your passengers if any of you have concerns about having suffered injury. If you are concerned about possible personal injuries at the scene of the accident tell the investigating officers about your injuries. It is very a good idea to tell officers or the other party “I am fine.” Often one could be injured and not know it right away

If your personal injuries are troubling at the scene of the accident, you may wish to be taken to an emergency room by the ambulance. Often the day following an accident one is in more pain, if that is the case you may wish to call your doctor or another health care provider for advice. Keep in mind the your automobile insurance may pay some or all of your medical bills if you have medical payments coverage. You should consult your policy or agent for details on what is covered and for what amounts.

If you did suffer personal injuries you should keep a list of any facilities, doctors, chiropractors, or other medical professionals that you received treatment from.

Get a Property Damage Estimate
Depending upon your insurance company, you may wish to obtain an independent property damage estimate. Particularly, if you are unhappy or not satisfied with how your insurance company has evaluated your car. If you are unhappy, tell your adjuster about your concerns. If you have a reasonable position most adjustor will try and reach an amiable compromise. If your car is totaled and you can’t agree on automobile’s value, most policies provide for a mediation process to review the matter or you may wish to consult an attorney.

Use Caution in Posting or Discussing the Accident
It is not a good idea to post or discuss your car crash. I strongly recommend that you only talk to your lawyer, your insurance company, and the police about the accident. I suggest you do not talk to a representative of another insurance company, without the express knowledge and consent of your attorney or insurer. If contacted by the other driver’s insurance company, be polite, do not discuss the accident and ask him or her to call insurance company or your attorney to discuss. Be sure to get the name, address and telephone number of the adjustor so you can provide it your insurance company or attorney. Also, inform your lawyer and/or insurer about the call and provide them with the contact information.

The Danger of An Early Settlement Offer
Be careful if shortly after the accident you are contacted by an adjustor offering you a nominal settlement. Under California law you can settle your claim for personal injuries at anytime. Once a personal injury claim is settled you cannot re-open the matter even if your personal injuries are more severe then you originally believed. Before any settlement offer should be considered you must be certain that physical injuries have been treated and you have recovered from them. The truth is some injuries do not reveal themselves for days, weeks, months or even years later. Attempting to settle a claim in which you suffered moderate to significant personal injuries is a bad idea, in my opinion. At a bare minium consult a personal n attorney before settling any personal injury claim.

Consult or Hire a Personal Injury Attorney, The Law Offices of Richard M. Katz
If you or someone you know has been injured in an automobile accident, it’s best to consult an experienced personal injury attorney. A well qualified personal injury attorney can help you obtain proper compensation for your injuries and related damages. As well, as assisting in your defense if you are claimed to have been partially at fault. Our office works on a contingency fee basis. This means that we only receive a fee if we recover compensation for you. We offer free consultations – so don’t delay call me, Richard M. Katz at 626-796-6333. I look forward to talking to you soon. You can learn more about The Law Offices of Richard M. Katz at https://lawyer-personal-injury-law.com

How Do I Know if I Have a Personal Injury Case ?

Posted on by

Many who have suffered a personal injury ask the question, How Do I Know If I Have a Personal Injury Case?

As a general rule the laws in all states provides a mechanism for people to obtain monetary compensation if they have been injured because of someone else’s negligence. The negligent act can range from driving car, to unsafe premises, to professional negligence. By way of example, I am talking about car accidents, slip and fall accidents and medical malpractice. If you have been physically hurt or injured as a result of a careless or negligent act, then you may have the right to claim compensation for your injuries.

Keep in mind that every personal injury case is different. A valid and compensable claim depends upon the facts in your specific situation. Although personal injury claims have common elements each type of personal injury claim (automobile accidents, trip and fall, medical negligence, etcetera) has specific laws that apply to the type of claim. This is why it is important to consult an experienced personal injury attorney, such as me, Richard M. Katz, Esq. at the Law Offices of Richard M. Katz to discuss a potential claim you may have. Our telephone number is 626-796-6333 and our website is lawyer-personal-injury-law.com.

Some of the common and main issues in establishing a personal injury claim include:
1. Liability, that is who is at fault?
In any personal injury claim arising from an accident or incident an individual or organization can be held legally responsible for your injuries and damages. If you can prove negligence. Sometimes negligence is referred to as the “failure to act in a reasonably prudent fashion.” Although the language may vary on the type of claim you have, essentially this is what must proven. Whether someone or an entity acted “negligently” is based upon the facts. For instances, in a car accident if speeding or following too close was the cause of the accident, probably negligent. For a trip and fall or slip and fall case a dangerous condition created by the owner of the property or failure to fix a bad staircase, probably negligent. In a medical malpractice claim a physician who fails to act as a reasonably prudent physician in the same or similar circumstances probably negligent. Ultimately the questions posed are the facts sufficient enough to prove that an individual, or organization, was in whole or in part responsible for your personal injuries. Keep in mind that in California and many other states you can pursue your claim even if you were partially at fault for the incident. The laws in many states, including California provide immunity (does not allow a claim to be brought) to certain entities or people. This is why it is important to consult an experienced personal injury attorney who can evaluate your specific case.

2. Does it Make Economic Sense to Purse a Claim, That Is What Are the Nature and Extent of Damages?
Even if you feel that someone has acted negligently and caused you harm, the injuries, losses and damages stemming from the negligent act may be minimal. For instance you are in a car accident, hit from behind, it was a light tap, your car suffered no property damage and you were a little sore for a day or two. It is very likely that the costs involved in prosecuting a lawsuit may be more than the monetary damages you could recover.

3. Do I Still Have Time to Bring an Action, That Is What Are Statute of Limitations?
California like every state has a statute of limitations for every potential claim. Generally a lawsuit or claim must filed within the “window of time” allowed for a particular claim. The time limits are different depending on the nature of your case i.e. auto accident injury, medical malpractice, product liability claim. Is a governmental entity involved? It is critical to know the time limitations applicable to your claim because if a timely action is not brought or filed before the applicable statute of limitations has run, it is likely that your claim will be forever barred. Another good reason to consult an experienced personal injury attorney.

If you have questions about your personal injury matter, you need to speak to an experienced personal injury / medical malpractice attorney who can help you evaluate your situation and provide you with your legal rights and options. Remember consultations are free so there is no charge to have your case reviewed by me. I, Richard M. Katz, Esq., am here to answer your questions and give you help. For a free consultation, please feel free to give me a call. 626-796-6333. I look forward to talking to you. Our website is lawyer-personal-injury-law.com

Medical Malpractice? Corneal Injury?

Posted on by

Each year, Americans make nearly a million doctor visits for eye infections, resulting in $175 million in direct health care costs, the Centers for Disease Control and Prevention has estimated in the first study of its kind.

Keratitis, an infection of the cornea, causes pain and inflammation and can lead to blindness in severe cases. Keratitis occurs when germs invade the cornea, the clear dome that covers the colored part of the eye. If a healthcare provider fails to properly evaluate the presentation the results can be devastating to the patient. The infection is most likely to occur when there is injury to the eye. This can be caused by trauma or from contact lenses that are worn too long or are not cared for correctly.

The Center for Disease Control analyzed a national databases of outpatient care centers and emergency rooms to develop the first national estimates of how much keratitis occurs in the United States. The CDC experts found that Americans made an estimated 930,000 visits to doctor’s offices and outpatient clinics and 58,000 emergency room visits annually due to eye infections. The report was published in the November 13, 2014 edition of the CDC’s Morbidity and Mortality Weekly Report.

When patients seek care quickly, most complications of keratitis can be easily treated by an eye doctor but failure to properly diagnosis and treat the condition can cause permanent injury. More serious infections can cause pain and lead to vision loss, depending on what germs caused the infection and how long the patient suffers from the problem before receiving appropriate medical attention.

The symptoms of keratitis usually include pain, tearing, redness, and blurring of vision. The pain may be mild to severe, depending on the cause and extent of the inflammation. Sensitivity to light may also be present. To the observer, the eye may appear red and watery; and if the cornea has extensive keratitis, the normally clear cornea may look gray or have white to gray areas.

The diagnosis of keratitis is made by obtaining a complete history and a physical examination of the eye. The history should consist of questions documenting a past medical and ocular history and the symptoms specific to the current visit. The eye examination should consist of checking the patient’s vision. Using a device called a slit lamp will allow a careful inspection of the cornea. A slit lamp provides magnification and illumination of the cornea in detail.

If an infection is suspected, a culture may be taken from the surface of the eye for specific identification of the bacteria, virus, fungus, or parasite causing the keratitis.

If you believe you or a loved one has been hurt because of medical negligence, seek legal counsel. You should consult with a personal injury lawyer and/or a medical malpractice attorney. Please feel free to give me a call if you live in California and believe you may have a claim. You may contact me Richard M. Katz at 626-796-6333. Our website address is .

Car Accident Lawyer:Do I Need to Hire One or Can I Settle Myself ?

Posted on by

This may come as surprise but in fender bender car accidents, you often do not need a car accident lawyer to represent you. However, it is important that you are educated about the claims process and to understand the pros and cons of attempting settle a claim yourself, and those types of claim which require a personal injury lawyer.

There are four major factors that I consider important, they are:

1. Did you suffer injury?

If you suffered a serious personal injury such as facial injuries, broken bones or back injuries (i.e. herniated disk) you should seek the advice of a personal injury lawyer. You likely have a permanent injury that will likely affect you for the rest of your life, you have a potentially large claim and should hire a personal injury attorney to present you in your car collision claim.

If you suffered significant soft tissue injuries for which you feel you need medical attention for you should at least consult and probably hire a personal injury lawyer.

If you suffered no injuries or just a few aches and pain you may wish to consult with a car accident lawyer / personal injury attorney, consultations are free and you can educate yourself on your rights.

Based upon my experience generally speaking the larger a claimant’s case for injuries the stronger the insurance carrier fights the claim.

2. Who is at fault for the car crash? Is fault contested in your matter or does insurance carrier for the other driver accept fault / responsibility for the car accident?

Where fault for a car accident is contested, you must prove that the other driver was negligent and caused the accident. If you cannot carry your burden of proof you will lose and will not be entitled to recover your damages. If your only damage is property damage and you have collision coverage your own insurance company will take care of the loss and you will only be responsible for your deductible.

However, if you suffered injuries and there is a dispute over fault then there is too much at stake for you to try and handle the matter on your own, you need a automobile accident lawyer’s help.

3. How much is your claim worth?

You might feel confident settling your own claim if you have minor injuries and minor out-of-pocket expenses. Perhaps you have a few hundred dollars for medical expenses and some loss of income. Perhaps under those circumstance you would feel a $1,000 or $2,000 is a reasonable settlement.

However if you suffered injuries and incurred medical expenses of a few thousand dollars and suffered loss of income then you probably not want to handle your own claim.

Ultimately you have to decide at what level your case is too big to handle yourself, and your personal comfort level may be higher or lower than these figures.

However, keep in mind that when you are trying to settle your own car collision claim with an insurance company you are at distinct disadvantage. The carrier and its agents have experience and will likely take advantage of your ignorance.

4. Do you really want to handle your car collision claim yourself?

If you are going to handle your claim yourself you will need to educate yourself that will probably take a good 10 to 20 hours learning how to settle car accident claims. There are many “self help” books available and you should read at least one before you take any steps toward evaluating your claim. Then you must present your claim to the insurance company a well drafted letter covering all aspects of your claim should take a couple of hours to prepare. Then you will need to negotiate with the insurance company which can be a frustrating and nearly endless process depending upon the issues involved. If you cannot settle your case then you need to file a lawsuit. Depending upon the size of your claim small claims court may be appropriate.. Keep in mind that representing yourself in a personal injury claim in the Superior Court of California is not easy and one generally needs a lawyer who knows how to litigate a case. Keep in mind that you have represented yourself many lawyers will decline your matter because you have “poisoned the well.”

While not always true the proverb is based on the opinion, probably first expressed by a lawyer, that self-representation in court is likely to end badly. As with many proverbs, it is difficult to determine a precise origin but this expression first began appearing in print in the early 19th century. Henry Kett (1814) an eminent lawyer of the period observed “I hestitate not to pronounce, that every man who is his own lawyer, has a fool for a client.” Abraham Lincoln has been credited with stating “He who represents himself has a fool for a client.” Keep the foregoing in mind when choosing to represent yourself.

In automobile crash claims there are many claims you can handle yourself if you learn how, but it would be foolish to handle large claims yourself. You should hire a personal injury lawyer if you suffered injuries that is.

In my practice I have handled hundreds of car accidents. If you or someone you know has been injured in a car accident, please contact me, Richard M. Katz, Esq. at 626-796-6333 so that my office can help protect you or your loved ones legal rights. Visit us at our website

Do I Have A Case? Premises Liability

Posted on by

Who is responsible for accidents that occur on or around buildings and grounds?

We often refer to personal injury accidents that are caused by a defective condition or a dangerous condition on property, either outside, such as a sidewalk or parking lot or inside a building, as “premises liability” accidents. These premises liability accidents can occur at commercial buildings (stores or offices), commercial venues (amusement parks or water parks) residences (private homes or rentals), or on public property (parks, streets, or public transportation facilities).

Many circumstances can cause a dangerous condition on premises, such as — unsafe design, poor construction or poor building materials, improper maintenance, improperly managed amusement rides. Dangerous conditions on premises can lead to many types of personal injury accidents including slip and fall, trip and fall, being hit by an item falling on you or any number of ways.

It may surprise you to learn that in order to recover for personal injuries suffered on another’s property you must prove that they were negligent in the use and management of their property. Sometimes the property owner / possessor of property is responsible and sometimes not. Premises liability personal injury claims are very dependent on the facts and circumstances surrounding the incident.

Generally the owner or possessor of a property has a duty to anyone who enters the property not to expose that individual an unreasonable risk of harm because of condition, construction or design of the property. The logic for the rule is understandable: The owner or possessor of the premises has complete control over of the premises and is in the best position to maintain and control the premises. A visitor at someone else’s property has a right to assume the property is in a reasonable safe condition for its intended use and purpose.

Nevertheless, a visitor must use the property properly. This can be somewhat moderated depending upon the age of the visitor. However, as a rule the conduct of the injured person can be an issue. By way of example, if a person gets injured while acting in an unexpected, unauthorized, or dangerously careless way, the property owner or occupier will probably not be responsible for the injury.

Under California law the owner (owner, possessor, renter, governmental entity) of a premise or location is not “automatically responsible” for the injuries suffered by a customer or a pedestrian. The California Supreme Court in Ortega v. Kmart (2001) 26 Cal.4th 1200 [114 Cal.Rptr.2d 470, 36 P.3d 11] set forth the law for slip and fall / trip and fall claims. Ortega involved a store in which a patron suffered an injury because of a slip and fall accident.

The Court stated that “It is well established in California that although a store owner is not an insurer of the safety of its patrons. (Ortega, supra, 26 Cal.4th at p. 1205.” The Court went on to state “Because the owner is not the insurer of the visitor’s personal safety, the owner’s actual or constructive knowledge of the dangerous condition is a key to establishing its liability.” (Ortega, supra, 26 Cal.4th at p. 1206). The Court further held that “Courts have also held that where the plaintiff relies on the failure to correct a dangerous condition to prove the owner’s negligence, the plaintiff has the burden of showing that the owner had notice of the defect in sufficient time to correct it.” (Ortega, supra, 26 Cal.4th at p. 1206.)

In the case of Getchell v. Rogers Jewelry (2012) 203 Cal.App.4th 381, 385 [136 Cal.Rptr.3d 641], the Court held that “Generally speaking, a property owner must have actual or constructive knowledge of a dangerous condition before liability will be imposed. In the ordinary slip and fall case, . . . the cause of the dangerous condition is not necessarily linked to an employee. . .”

If you have been injured because of a premises accident at a commercial building (store or office), or at a commercial venue (amusement park or water park), or at a residence (private home or rental), or on public property (park, street, or public transportation facility), you may be thinking “Do I have a case?”

Consider this an owner / possessor of property will be found negligent in the use or maintenance of their property if 1) a condition on the property created an unreasonable risk of harm; 2) the owner / possessor knew or, through the exercise of reasonable care, should have known about the dangerous condition; and 3) the owner / possessor failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition.

The Law Offices of Richard M. Katz has had many successful claims against property owners over the years we have had successful results against governmental entities, private homeowners, builders, amusement parks and venues. Some of these cases resulted in death and serious injury. If you or someone you know has been injured or killed possibly on someone else’s premises please give me a call for a free consultation. Please contact Richard M. Katz, Esq. at 626-796-6333 so that my office can help protect your legal rights.

Visit us at our website at

Medication Errors: Don’t Let Them Happen to You

Posted on by

Medication errors like happen frequently. According to the well respected 2006 report “Preventing Medication Errors” from the Institute of Medicine, medication errors injure 1.5 million Americans each year and cost $3.5 billion in lost productivity, wages, and additional medical expenses.

We have all seen that almost yearly there is an announcement of some new wonder drug to treat a condition or disease. We have all seen the drug commercial and the all important disclaimer. No drug or medication is without some adverse risk or reaction. The increase in the number of drugs available and in the number of drugs the average person takes has led to an explosion in the number of errors made in prescriptions.

These errors can take all kinds of forms and can occur in many different ways. Sometimes a drug other than the one prescribed is provided, or the correct drug is provided in the wrong dosage. Sometimes a drug is prescribed that interacts negatively with another drug the person is taking and the patient is not warned of the danger. Sometimes the mistake is made by the doctor prescribing the drug, sometimes by the pharmacist filling the prescription, sometimes by the person administering the prescribed drug. Mistakes can occur in hospitals, nursing homes, and the corner drugstore. Regardless of the many different ways that prescription problems can occur, they all share one thing: They can be serious and potentially deadly.

In 2008 it was estimated by researchers that preventable adverse drug events kill 7,000 Americans annually. The researchers also concluded that medication errors that result in harm are the number-one cause of inpatient fatalities. Experts believe at least one medication error occurs per hospital patient every day. However, error rates vary widely among facilities. It has been found that medication errors pose the greatest risks and consequences in critical care settings, the reason for this is that usually patients in such settings are quite ill and do not have the resilience to respond adequately to an adverse event. Further, critical care patients often receive twice as many medications as patients on general floors. It is estimated that some 20% of critical care medication errors are potentially life-threatening, and half of these medical errors necessitate
additional life-sustaining treatments.

A undercover investigation televised by ABC News in 2007 reported on errors committed at pharmacies in the United States. The report, Pharmacy Errors: Unreported Epidemic?, drew attention to a the dangers associated with the proliferation of dispensing errors. The ABC News report showed the devastating consequences that are possible when medication errors are made. The ABC News Reported implied that overworked healthcare providers (pharmacists) are prone to making medical mistakes.

In a poll conducted by the National Patient Safety Foundation, 42% of respondents had been affected by a medical error, either personally or through a friend or relative, and 32% indicated that the error had a permanent negative effect on the patient’s health. See Medical Errors: The Scope of the Problem. Fact sheet. Rockville, MD: Agency for Healthcare Research and Quality; 2000. Publication No. AHRQ 00-P037. www.ahrq.gov/qual/errback.htm.

According to The Quality of Health Care in America Project, established by the National Academies’ Institute of Medicine (IOM), errors committed within the health care system have significant impact on patient safety and health care costs.

Some experts in the health industry consider the primary reason for the rise in medication errors to be financial—the doctors who write the prescriptions, the pharmacists who fill them, and the nurses who often administer them are pressured to serve more patients in less time, increasing profits, but also increasing the risk of an error. Others experts feel that the alarming rise in the marketing of drugs directly to patients is partially responsible. The advertisements are directed to a diverse audience, i.e. patients. It has been found that patients that see or read these advertisements are more likely to go to their doctors and demand a prescription for some drug they read about in a magazine ad or saw on television. Such patient driven requests leads to more prescriptions being written and greater chances for error.

A recent study concluded that out of 3 billion prescriptions filled each year, 51.5 million of them contain some kind of error. Although reliable statistics are hard to come by, these errors lead to thousands of unnecessary hospitalizations and hundreds of unnecessary deaths

Many factors can lead to medication errors. The Institute for Safe Medication Practices (ISMP) has identified 10 key elements with the greatest influence on medication use, noting that weaknesses in these can lead to medication errors. They are patient information, drug information, adequate communication, drug packaging, labeling, and nomenclature, medication storage, stock, standardization, and distribution, drug device acquisition, use, and monitoring, environmental factors, staff education and competency, patient education, quality processes and risk management.

Solutions to this medication error problem have been suggested. The first is also the easiest, healthcare providers should slow down and make sure the prescription is correct for the patient. Another is to install more safeguards, such as flagging a patient’s file if they are allergic to a particular medication. Another is for pharmacists to check that the prescription they are filling is appropriate some prescriptions are virtually illegible and the pharmacist is guessing. Another solution is to make sure that different drugs or different dosages don’t look similar, reducing the chance that the wrong medication will be given to or used by a patient.

Cases involving prescription errors and medication errors can involve claims of negligence, medical malpractice, and products liability, these are complex areas of the law. In my practice I have handled claims involving prescription errors and medication errors of all types. Some leading to death and serious injury. If you or someone you know has been injured or killed possibly because of a prescription error and/or medication errors please contact give me a call. Contact Richard M. Katz, Esq. at 626-796-6333 so that my office can help protect your legal rights. Visit us at our website at

ATV (all-terrain vehicles) Accidents – What You Need To Know

Posted on by

A car accident also known as a traffic collision, automobile accident, road traffic collision or car crash can be a terrible event. In the same vein, ATV (all-terrain vehicles)accidents can be devastating.

When a ATV collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole or overturns the resulting collisions may cause injury, death, vehicle damage, and property damage.

A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, driver skill and/or impairment, and driver behavior.

Vehicular collisions lead to death and disability as well as financial costs to both society and the individuals involved.

Since ATVs were introduced in the early 1970s, they have become increasingly popular. Many families use ATVs for weekend activities. But with increased use accidents and injuries have also increased. As reported by the Consumer Product Safety Commission, as of 2012 over 100,000 ATV injuries were recorded. It is estimated that 25,000 of these ATV related were to children younger than 16 years of age. Over 2,900 children died from ATV-related accidents between 1982 and 2012, .

ATVs especially older ones are so dangerous because of their design. As the result of safety concerns expressed by the federal government almost 30 years ago ATV manufacturers entered into a consent decree in 1988. In the consent decree, manufactures agreed to halt production of three-wheeled ATVs, to provide safety training for new owners, to place warning labels on their products, and to make recommendations about what size of ATV is appropriate for different age groups. In 1998 the consent decree expired but ATV manufacturers have pledged to continue to follow most of its provisions.

Nevertheless because ATVs generally get far less use the cars or trucks many older ATVs are still in use and very dangerous.

Whether an ATV was made before or after 1988, they still all have common safety issues. Including many have no frame protecting the operator in the event of an accident. ATVs tend to ride on large, low-pressure tires that can have difficulty gripping the rough terrain over which they travel. Many have hand-operated brakes, which operated incorrectly can cause an ATV to overturn as one attempts to bring them to a stop.

As well ATVs have relatively large engines for their size and weight. Some ATVs are capable of speeds as high as 70 mph. At that speed while often going across broken and uneven terrain an accident is likely. Many ATVs are not designed for passengers but folks allow others to ride on the ATV again creating a potentially dangerous situation that can lead to death or injury.

Pre 1998 three-wheeled ATVs are less stable than the current four-wheeled ATVs, but even the four-wheeled models can be top-heavy and prone to serious rollover accidents causing death and injury.

Notwithstanding design changes the number of injuries and deaths per year attributable to ATV accidents continues to rise. The problem is twofold. One reason the number of injuries and deaths continue to rise is because the use of ATVs is increasing, it is a popular activity. AS well, ATV makers are building more powerful ATVs and marketing them to younger and younger children. Parents often and wrongfully believe these ATVs are “toys.”

One recent slick marketing tool is the “transitional” ATV. This ATV is sized between the smaller ATVs intended for children and a full-sized adult ATV. These “transitional” ATVs are marketed to generally teenage boys in the 14 to 15 year-old age group. And we all know how safety cautious 13 to 16 year-olds are. Kids in this age generally have no fear and without proper training, guidance and supervision there is an increasing likelihood of serious injuries or death.

As a group ATV manufacturers have fought any attempt to impose regulations on ATV ownership or use (such as age limits and mandatory helmet laws).

In my practice I have handled claims against various manufacturers of vehicles, including ATV and Motorcycles. If you or someone you know has been injured or killed while riding an ATV, please contact me, Richard M. Katz, Esq. at 626-796-6333 so that my office can help protect your legal rights. Visit us at our website

 

 

What Everybody Ought To Know About The Kaiser Permanente Arbitration Process for Medical Malpractice Claims

Posted on by

It is no secret that Kaiser Permanente is the largest delivery system of its kind in the United States and has more than nine million members. In California they require all members of the organization to resolve all disputes related to claims for medical malpractice through a binding arbitration system. Members of Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group) either directly or through their employer sign a binding arbitration agreement.

Many victims feel that somehow the arbitration process compromises their claim or ability to be compensated for their injuries. Clients often come to me and ask me “how do I get out of that arbitration system? ” Based upon my many years of experience and many victories against Kaiser Permanente, I assure them, that arbitrating a medical malpractice case against Kaiser Permanente depending on the circumstances of their claim may be beneficial.

A Brief History of Arbitrations
Our judicial system favors arbitrations. The arbitration statutory procedures are set forth in Code of Civil Procedure §1280, et seq. and the Kaiser Permanente arbitration rules. There are many state and federal court cases upholding the validity of private arbitrations, enforcement of private arbitration agreements, and enforcement of private arbitration awards.

Once arbitrations were problematic for claimants / plaintiffs because the healthcare provider / insurer had the money, manpower and volume of cases to manipulate the arbitration system to their advantage. This was especially true for Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group). This really was a problem and the propensity to manipulate the system was discussed in the case of Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951.

In the California Supreme Court in the Engalla case found that Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group) was manipulating the arbitration system. The Court found they were manipulating the system. One method they used was delaying the selection of a neutral arbitrator, which made it difficult to get cases resolved timely. There were instances when the claimant died during the pendency of the claim because of delays.

In the face of having their entire arbitration system disbanded Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group) established the Office of the Independent Administrator (OIA). This independent law office acts as a third party overseeing the entire Kaiser Permanente arbitration system. They have established a screening process for arbitrators and require all parties to comply with the arbitration rules. I think the system is fair and equitable. However, for that to be true, you must have an attorney who is experienced with the process Kaiser Permanente arbitration process from selecting an arbitrator to presenting evidence. Frankly, it is my opinion that arbitrating a case correctly is just as demanding as going to trial.

The Skill of Your Attorney is Important
Your attorney must have the background, training and experience to understand and navigate the arbitration process. If he or she does have that experience then good results are probable. In all arbitration processes the “key” is getting a real “neutral” neutral arbitrator. In Kaiser Permanente arbitrations they pay half or all of the neutral arbitrator’s fees. The challenge is that Kaiser Permanente has hundreds of cases where a neutral arbitrator can serve. This raises the specter that a neutral arbitrator may find for Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group) to “keep the cases coming.”

My experience with the neutral arbitrators that I have used has not shown that. I have had several cases in which neutrals have award 100s of thousands of dollars to more than 1 million dollars. It is my experience that there is many honest and honorable neutral arbitrators who will not be “unduly” swayed by the money issue. Based upon my experience and network of attorneys I know which neutrals are the truly neutral arbitrators. I generally do not have difficulty getting Kaiser Permanente to agree with the selection of a neutral to hear a case. As well, although both parties are entitled to party arbitrators, over the years I have moved away from using party arbitrators because I think it adds another layer of complexity to the case and places an adverse advocate in the room with the neutral.

If your attorney has the experience, knowledge and ability a claimant can get a reasonable neutral arbitrator and Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group) will pay the arbitrator’s entire fees. This will save you thousands of dollars and you will get a timely fair hearing.

Arbitration v. Trial
My experience has caused me to conclude that if a claimant has a strong liability case, the claimant has a higher probability of a successful result in arbitration than before a jury. I believe this to be true because the neutral arbitrators or arbitration panels that I have used are knowledgeable professionals who understand medicine and understand the medical/legal issues and are not easily bamboozled by slick experts. Nor are they intimidated by doctors or lawyers.

With juries you are dealing with twelve lay people (in state court) whom we must educate often in complex areas of medicine. I think if they do not understand the medicine, Plaintiff loses. If they do not understand the complex and confusing jury instructions Plaintiff loses. If they do not like the Plaintiff, you will probably lose.

However, if you win the liability aspect of your medical malpractice case, with a jury, your general damages are limited to $250,000.00. So even if a jury were likely to award a larger damage award then an arbitrator, the law caps the general damages at $250,000.00. I have not personally had a situation in which we prevailed on liability in an arbitration and had the arbitrator give inadequate damages for pain and suffering. Not saying this is always true but that has been my experience.

Concluding Thoughts
There is a myriad of variables that present in all medical malpractice claims, whether against Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group) or other healthcare provider. If you find yourself in the unfortunate situation of being a medical malpractice victim of Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group) it is imperative that you choose a personal injury that has the skill training and experience to litigate in the arbitration venue. An attorney with experience and a good track record will give you the best possible chance of reaching your goal of successfully settling or winning your claim.

If you or someone you know has been a victim of medical negligence arising from the care and treatment provided to you by Kaiser Permanente (Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Northen California Permanente Group) please feel free to give me, Richard M. Katz, a call at 626-796-6333. We are found at 1122 East Green Street, Pasadena, CA. 91106.
My website is lawyer-personal-injury-law.com

Can I Sue? Can I Win?

Posted on by

Today I would like to talk about a frequent question that people ask of me regarding personal injury claims. The question that I often hear is “Mr. Katz, can I sue?” An easy question to ask but not always an easy question to answer.

The first question that needs to be answered is what type of claim do you have?
An Automobile Accident? Car Accident? A Slip and Fall incident? Defective Product? Medical Malpractice / Medical Negligence? Kaiser Malpractice / Kaiser Negligence?

The First Question That Need to Be Answered is What Type of Claim Do You Have?
Do you have an automobile accident or car accident claim?
Do you have a slip and fall incident?
Do you have a claim regarding a defective product?
Do you have a medical malpractice / medical negligence claim?
Do you have a claim against Kaiser Permanente for malpractice / negligence?

Depending upon the type of claim you have, the facts of your incident greatly affect the strength or weakness of your claim. Some cases, depending upon facts, require the use of expert testimony to establish liability, this is overwhelmingly true in medical malpractice cases and defective product cases.

Do I Have a Strong Personal Injury Case?
In a personal injury action based upon negligence you must prove the elements of your claim to a judge or a jury. If any one element is missing, you cannot win. By way of example, even if you can prove that the defendant was negligent but you did not suffer any injury you will lose your case.

Basically the elements that you must prove at time of trial are:
Duty
Breach of the Duty
Causation both Legal and Proximate
Damages

These four elements are examined in greater detail below.
Duty
Did the defendant ( the other driver, property owner, doctor, nurse, healthcare provider, etc.)
owe a duty to you? A duty of care arises in cases in which the law recognizes a relationship between the defendant and you, and because of the relationship, the defendant is obligated to act in a reasonably careful manner in regard to plaintiff.

A driver on the road owes a duty of due care to other folks on the road or street including motorists and pedestrians for instance. A property owes a duty of due care to people coming onto the property and must inspect and correct dangerous conditions that exist on the property and keep in the property in reasonably safe condition. A doctor or other health care provider owes a duty of due care to their patients.

Breach of the Duty
A defendant is will be held negligently responsible if the defendant breaches the duty of care owed to the plaintiff. A defendant who fails to act as a reasonablely prudent individual in the same or similar circumstances breaches their duty. Generally speaking whether a defendant breached a duty of care is a question of fact. In some cases depending upon the facts and circumstances, we need expert testimony to establish breach of a duty, and this is often true in medical malpractice claims.

Causation – Substantial Factor
A injured party must show that the defendant’s acts or omissions were a substantial factor in causing injury. A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm.

Often an injured party believes that because a physical issue arose after an incident the defendant must have caused the problem, this is not necessarily so. Often we need expert testimony by treating doctors to establish a causal relationship between an incident and injury. The same applies for claimed economic losses. If you cannot prove that the defendant’s actions were a substantial factor in causing your claimed damages then you cannot win on those claims.

Damages
You must prove that the negligent act of the defendant caused you harm, usually as physical injury to a person or to property. It is not enough that the defendant was negligent, i.e., failed to exercise reasonable care. For instance, suppose a doctor negligently gives you the wrong prescription and you go to the pharmacy to have filled. The pharmacy catches the error and calls the doctor and they give the correct medication to you. Also assume that had the wrong prescription be given to you, and you would have died! In my opinion you have no case because the doctor’s failure to exercise reasonable care did not result in actual damages, now had you taken the wrong medication and you died, well . . .

Conclusion
Whether you can sue and win, depends ultimately on facts or your individual claim and the relative strengths or weakness of each element of your claim.

Should you wish to discuss your matter with me, give me a call at 626-796-6333

THE DANGERS OF BIG RIGS ON THE HIGHWAY

Posted on by

The 80,000-pound 18-wheeler truck barreling down the highway ON YOUR BUMPER. We all know that feeling when we look into our rearview mirror and see tires and grill. And maybe the sound of an air horn. It makes a nervous and jumpy and for a good reason.

Recent federal and state statistics show that these 18-wheeler trucks and other large trucks cause thousands of traffic accidents a year. Size matters, with a truck’s size and weight, common sense tells us and experience shows that a crash between a big rig and a passenger automobile is likely to turn out badly for the passenger automobile.

In a collision between a big rig and a passenger automobile, the fatalities occur in the automobile 98% of the time. Annual truck crash fatalities are equivalent to a major airplane crash every other week of the year.

Some of the reasons are apparent: Trucks are larger, heavier, wider and longer than cars; a big rig needs more space to maneuver; and they need much more roadway to come to a stop. Many collisions involving trucks are caused; speeding, overly aggressive driving, failure to yield the right-of-way, poorly maintained trucks. Statistically, size also matters the larger the truck the greater the risk of a accident. An 80,000-pound truck is more than twice as likely to be involved in a fatal accident as a 50,000-pound truck. Of course weather conditions such as rain or snow can makes matters worse especially when mixed with poor driving or poor maintenance can and do become a recipe for disaster.

Over the last five decades, the industry-standard trailer having grown from 40 feet long in the to 53 feet long today. Longer trucks mean larger blind spots, resulting in more traffic collisions. Road design is another problem, much of our interstates were created under the Eisenhower administration and are more than half century old. They were designed when trucks were shorter. Much of the interstates and local highways have ramps and merge lanes were not designed to with today’s big rigs in mind. As a result, these trucks are using highways not designed with their bulk and size in mind, increasing the risk of a collision.

Larger, longer, and heavier trucks require more braking distance and time, hence a greater risk for causing a collision because the truck cannot stop timely. You probably did not know that a truck weighing 100,000 pounds can take up to 25% longer to stop than one weighing 80,000 pounds. Think about that next time your are on the highway with a big rig behind you.

Another problem is a driver’s inexperience in operating a particular kind or size of truck. Also driver fatigue is a serious problem and increasing problem with the deregulation of the trucking industry. As well, some rules governing how long a trucker may drive before he or she is required to stop for a rest have been relaxed.

Lawsuits involving truckers are often more difficult to prove than other kinds of collision suits, for several reasons. It may be difficult to find the driver/truck after the collision if it involved a sideswipe and they did not stop, perhaps not even realizing they hit another vehicle. Evidence as to the cause of a collision may be difficult to determine, i.e. driver error, road design, truck design, etc . . .

As well, given the nature of truck accidents often far more parties than the typical car crash are involved (the driver, the trucking company, multiple other drivers, the shipper) not to mention multiple insurance companies and adjusters.

Also many trucking companies are not only self insured but are also very skilled in defending themselves against negligence claims. They claims handlers for such companies can be very aggressive in denying claims because every dollar “comes out of their pocket.”

A person who has been involved in a collision caused by a negligent big rig driver, is legally entitled to be compensated for his or her injuries. The complexity of these cases means that you should consult an experienced personal injury attorney. Do not make the mistake of believing that trucking company or it’s insurance adjuster will look out for your interests.

Call me Richard M. Katz, at 626-796-6333 if you or a loved one has been involved in a big-rig collision. I offer free consultation and look forward to helping you.

Ratings and Reviews