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San Jose Medical Malpractice Blog


San Jose medical malpractice attorneysOver the last decade or so, doctors’ offices, hospitals, and other medical facilities have migrated toward digital patient records. Perhaps, then, it should come as little surprise that electronic health records (EHR) have contributed to an increasing number of medical malpractice claims during that time, at least according to a recent study. With thousands of health care facilities now using such systems, it is more important than ever before to ensure that EHR are utilized properly to minimize mistakes and potential injuries to patients.

Insurance Company Study

The Doctor’s Company is the country’s largest physician-owned medical malpractice insurer and currently serves about 80,000 members. The company looked at medical negligence claims from 2007 through 2016 and found that around 2011, references to EHR mistakes began appearing more frequently. In most cases, however, EHR errors were considered contributing factors, not the primary basis of the claims.

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San Jose medical malpractice lawyersMost people are familiar with the term “medical malpractice,” at least in a casual sense. They typically realize that medical malpractice refers to a failure of a doctor, nurse, or medical facility to provide the appropriate care in a given situation. But how is medical malpractice different from other types of negligence under the law? The answer is important because the amount time you have to file a claim in California may be different depending on the type of negligence or liability in question.

The Statute of Limitations

According to California Code of Civil Procedure, a person seeking damages for medical malpractice must file an action within one year from the date that he or she discovered the injury or could have reasonably discovered it. The law also provides that regardless of when the injury is or should have been discovered, action must be filed within three years of the action that caused the injury. For example, if you sought medical treatment today and doctor’s negligence caused an injury that you identified tomorrow, you would have one year from tomorrow to take legal action. If however, the care you received today caused an injury that did not become evident for two and a half years, you would still only have three years from today to file your lawsuit.

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San Jose surgical malpractice lawyersWhile children typically only undergo medically necessary surgical procedures, some are considered “routine.” Examples can include tonsillectomies, the placement of ear tubes, appendectomies, and hernia repairs. What happens, though, when one of those routine surgeries ends in tragedy? What recourse do parents have when a surgeon makes a critical mistake that causes the loss of a child? The following information explains, and it provides you with details on how an experienced medical malpractice lawyer can help with your case.

Tragic Case Highlights the Risks of Routine Surgery

One Detroit mother, who is still trying to cope with the loss of her 9-year-old daughter, serves as a painful reminder that even routine surgeries have risks. The girl suffered from enlarged tonsils that caused severe snoring problems in her sleep. Doctors assured the mother that a routine tonsillectomy would remedy the issue. Sadly, the surgery turned out to be anything but routine.

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San Jose defective drug lawyersWhen consumers purchase medical products and medical devices, they expect them to work properly. Unfortunately, as many EpiPen users have recently learned, this is not always the case. Instead, everyone is now learning that the makers of the drug, Pfizer, failed to investigate complaints about potential product flaws. What might this mean for any victims who have been injured or killed because of the manufacturer’s oversight? The following explores this question, and it explains how an experienced medical malpractice lawyer may be able to help with your case.

FDA Reveals Numerous EpiPen Complaints

News sources indicate that the FDA has provided the Pfizer with a letter in which they discussed the numerous EpiPen complaints – a total of 171 between 2014 and 2017. Even the drug maker’s own data indicates they had received hundreds of uninvestigated complaints, and some had even resulted in the death of patients. Furthermore, all the individuals who had an EpiPen and did not use it had been at risk for a severe or deadly allergic reaction.

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San Jose medical negligence lawyersMedical information on a patient is supposed to be confidential and protected – and for good reason. Some breaches of privacy can emotionally damage a patient, and it may even lead to physical harm (i.e. situations involving domestic violence). Sadly, there are healthcare professionals who either fail to understand this, or simply do not care. Take, for example, the staff members who recently photographed and then shared photographs of a patient’s genitals.

Although the individuals involved were ultimately disciplined for their actions, the victim may still have suffered emotional or physical distress. Might the patient have any form of recourse, and if so, what? The following information explores the answer to this question, and it provides details on how an experienced medical malpractice lawyer may be able to assist with your breach of confidentiality case.

Compensation for Breach of Confidentiality

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Corsiglia McMahon & Allard, L.L.P.

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San Jose, CA 95112

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