Posts Tagged ‘negligence’

Family Sues CHP For Leaked Accident Photos

Monday, February 8th, 2010

When 18 year old Nikki Catsouras died in a horrific car accident on a Lake Forest toll road, her family undoubtedly suffered. Unfortunately, because a few highway patrolmen who were on the scene decided to take gorey photos of the young woman’s death and send them to friends, the photos soon made their way onto the internet. Soon Nikki’s family was being forced to relive the tragedy after they started recieving mysterious text messages and emails with photos of the young girl’s accident.

When her family sued the highway patrol for invasion of privacy, intentional infliction of emotional distress and negligence, the first court to hear the case dismissed it despite the fact that the judge called the officer’s behavior “utterly reprehensible.”

Fortunately, upon appeal, the family has been given their chance to hold the officers accountable for their unnecessary suffering following the accident. Many Orange County personal injury attorneys are praising the decision, as it will allow the family to help ensure that this type of tragedy never happens to anyone else.

To read more about the story, see the article in the L.A. Times. Image via moriza [Flickr].

Malpractice Suit Claims Delayed Care Caused Death

Monday, January 4th, 2010

The entire point of emergency care is to treat patients in critical condition in a timely manner. Unfortunately for Nicole Blincoe, her mother, Penny Louise Prevezich, was not afforded this consideration when she came to an emergency room in San Mateo County. Mrs. Prevezich was left waiting in the waiting room of the county hospital’s emergency care unit, while she died of a drug overdose. She was transferred from a veteran’s mental health facility to the hospital, where she was seated by a nurse and then left unattended for over 90 minutes, at which time she was found deceased.

A recent study has shown that hospital waiting times have been increasing significantly throughout the last year. The University of California San Francisco has found that only 75% of all patients are receiving care in a safe and timely manner. Orange County personal injury attorneys warn that the problem will get worse if left ignored.

To read more about the case, see the article on AboutLawsuits.com. Image Via Reegmo [Flickr].

Women Suing Wireless Companies For Mother’s Car Crash

Monday, December 7th, 2009

scottc320

Jennifer Smith lost her mother, Linda, when a Ford pickup crashed into Linda’s Toyota Rav 4. The driver of the Ford, Christopher Hill, claimed he caused the accident because was distracted by a call on his cell phone.

Jennifer is now taking action, not against Mr. Hill, but against the wireless carriers who provided the man with cellphone service while he was driving. She believes the companies should have seen the potential danger associated with driving while talking on the cell phone and should have provided adequate warning about these dangers.

Experts, such as Orange County personal injury attorneys, say the case presents a lot of challenges and may be unlikely to win. Still, these experts also agree that the action raises important questions as to personal responsibility on the road. A similar court case went through Indiana in 2003 and the case was dismissed upon appeal, as the court agreed that the crash was still caused by driver inattention –not cellphone use.

Sprint Nextel has rejected the claim of negligence and says they have included safety messaging on their website, user manuals, advertising and packaging. Mr. Hill has also denied that the companies are responsible for his actions, saying, “It’s our choice if we’re going to talk on the cellphone while driving or walking down the street or in the office,” he said. “The cellphone companies don’t say you should talk on the phone and drive.”

To read more about this lawsuit, see the article in the New York Times. Image Via scottc320 [Flickr]

Patient Suing Over CT Scan Radiation Overdose

Monday, October 26th, 2009

timsamoffA patient who received a CT scan from the Los Angeles Cedars-Sinai Medical Center is suing the hospital and the manufacturer of the device after receiving a radiation overdose. His suit will not only be on his behalf, will be a class action including the 206 other patients that have received radiation overdoses from the machine. The defect has gone undetected for over a year and a half.

The patient, Trevor Rees, and his Orange County personal injury lawyer assert that both the hospital and the maker of the device, General Electric, have been negligent in preforming the scans. The lawsuit is also alleging medical malpractice on the part of the hospital and product liability on the part of GE.

GE says the machine is not defective. Hospital officials claim the mistake occurred when staff reset the machine, but a misunderstanding about a default setting applied by the machine led to patients receiving eight times the normal dose of radiation. 40% of all the patients suffered hair loss as a result.

Rees says he experienced signs of radiation overdose shortly after the exposure, including losing hair on his head and eyebrows, and redness and flakiness of skin on his face and scalp. A while after the scan, hospital officials contacted him, asking him if he experienced any side effects, but they would not tell him why. The hospital did not inform him of the overdose until much later.

To read more about this case, see the article in the Silicone Valley Mercury News. Image Via Timsamoff [Flickr]

Woman Suing Police For Allowing Her To Fall

Monday, October 19th, 2009

richardmasoner

When police arrested 55 year old Joan McCollum of Laguna Beach, they insisted on handcuffing the suspect behind the back, despite the fact that she said she was feeling dizzy. While they did call an ambulance, the officers did nothing to prevent McCollum from falling.

When her dizziness took hold of her, McCollum did, in fact, collapse, and with no way to break her fall, she ended up suffering from a serious neck injury that later required surgery.

McCollum, who was later acquitted of the shoplifting charge, has contacted an Orange County personal injury attorney and is now filing suit against Newport Beach and the two officers who allowed her to injure herself.

To read more about the incident, please see the article in the Daily Pilot. Image Via richardmasoner [Flickr]