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Is Failure to Perform a C-Section Considered Malpractice?
Yes, failing to perform a C-section when necessary, or performing one too late into a delivery, can certainly be considered medical malpractice. The details of each specific case will impact whether such an event is legally malpractice, but it is worth investigating and considering a civil suit when appropriate. There are numerous medical reasons to perform a C-section, including fetal distress and extended labor, placenta previa, and if the mother has had a C-section in the past. If a doctor in California fails to notice these factors in a reasonable time and either fails to perform a C-section or does so too late to prevent birth injury, then it can be grounds for a malpractice lawsuit.
Unsafe Lane Changes and Truck Accidents
Unsafe lane changes are among the most dangerous and common ways motorists end up colliding with a large truck in California. Many people see large trucks with their drivers high up and assume the truck driver must have a great view of the road. While the elevation does tend to give a truck driver excellent perception in front of a truck, in reality there are several large blind spots truckers also have to deal with. Knowing these blind spots and avoiding them can keep you from a potentially deadly collision.
While truck drivers should always be aware of their environments and know if a vehicle is beside them, this may not always be the case. All too often, situations on a road may force a truck driver to suddenly change lanes, and anyone in the truck’s blind spots can be in peril.
Samsung Galaxy Note 7 Recall
Why you need to return your Samsung Galaxy Note 7
South Korean cell phone maker, Samsung, has issued a voluntary recall for all Galaxy Note 7 smart phones bought before September 15, 2016. The reason for the recall is that the lithium-ion battery in these smart phones can overheat and catch fire, posing a serious burn hazard. Approximately 2.5 million phones have been recalled.
If you have a Galaxy Note 7 that you purchased before September 15, 2016, you should stop using it immediately and turn off the power. Contact your wireless provider or the outlet where you purchased the phone and arrange to have it exchanged for a safe model.
Calling an Uber on New Year’s Eve
New Year’s Eve is often a night when people indulge themselves with food and alcoholic drinks. Often times people who have consumed alcohol think that they can drive safely, which often leads to dangerous situations for all. We absolutely discourage drinking and driving. Instead, please consider other designated driver options for your safe return home.
Be Wary of Premises Liability During the Holidays
Most holiday shoppers hope for bargains and deals when they think of the local malls and shopping centers. During this busy time of year the reality is that not all retail establishments take adequate precautions to protect the safety and security of their clientele and visitors.
Driving Safely During the Holidays
Holiday shoppers in Santa Barbara County probably have checklists, gift lists, and shopping lists in their minds as they head to the malls and shopping centers. With other things on their minds they may not be driving safely. Some practical tips to keep drivers safe during the holiday season include:
Safely Watching Your Step During the Holidays?
The typical holiday shopper image is that of a pedestrian leaving the mall, uncomfortably loaded with too many bags full of merchandise, on their way to the parking lot. For many shoppers, especially those with young children, this is the time of the year that there are more people out at shopping centers paying attention to those kids than they are the cars driving by. And that creates a dangerous situation.
Who Can File a Wrongful Death Claim in California?
In California, a wrongful death typically refers to the death of a person that is caused by the actions or negligence of another person. This is a civil lawsuit filed by one or more people who were related to the deceased and is separate from any criminal charges filed by the state against someone. The results of a criminal case can potentially strengthen a civil wrongful death suit, but they are otherwise completely separate. Family members can typically file a claim in California for a loved one.
California Code of Civil Procedure section 377.60 sets forth precisely who is allowed to file a wrongful death claim in the state. It begins by establishing that the claim may be filed by the deceased person’s spouse, domestic partner, and surviving children. This is pretty straightforward and makes sense. If someone is killed by the negligence of a driver under the influence of marijuana, a narcotic or alcohol, for example, then the deceased’s wife or husband can file a wrongful death lawsuit against the driver.
Does Poor Driving Make Me Liable For a Crash?
In California, like many other states, liability for a vehicle crash really comes down to whether a driver acted negligently and to what extent such actions or inactions contributed to the accident. Unsafe or negligent behavior does not necessarily make someone liable for damages after an accident, and sometimes there are mitigating factors that alter how much someone is at fault. Ultimately, it depends on the specifics of a case and an experienced California vehicle and personal injury lawyer can help you understand your situation.
While dangerous driving habits often contribute to an accident, they may not be a direct cause and therefore do not necessarily establish negligence. For example, driving at excessive speeds and being distracted by texting are both very dangerous habits that can certainly cause a crash with serious consequences. On the other hand, if someone is speeding and another driver swerves suddenly into that person’s vehicle, then it may be hard to prove that the high rate of speed contributed to the cause of the accident.
I was injured on Black Friday, what can I do?
Depending on the specific details and nature of your injury, you may have a number of options available to you regarding a civil lawsuit after an injury in Santa Barbara County. In order to win a suit, you typically need to prove that you were injured, that someone else acted in a negligent way, or failed to use due care, and that their negligence was a substantial cause of your injury. That means there may be liability on the part of whoever caused you to be injured as well as the owner of the property on which you were injured.
While popular culture publicizes frivolous lawsuits running rampant in America, in reality, there are very strict grounds in California for winning a civil case. Of course you can file a lawsuit against someone if you feel they were at fault, but in order for your case to proceed, you must meet specific criteria. That is why you need an experienced personal injury lawyer to look at your situation and help you understand your options.