Desk of Dr Fagel

Cerebral palsy affects approximately 800,000 children and adults in the United States. Experts have estimated that 3 in 1,000 infants born may suffer some form of cerebral palsy. However, many people are unaware of the condition and its symptoms. Understanding cerebral palsy is important to providing the best quality of care and true understanding...

  Published in: Plaintiff Magazine The need to prevent a double discount of plaintiff’s future medical-care cost damages. By Bruce Fagel Since the enactment of the Afford-able Care Act (ACA) the defense bar has moved quickly to add the ACA as a collat-eral source that could potentially reduce most of an injured plaintiff 's...

  Published in: Advocate Magazine Start by selecting the right jury and following with evidence that clearly establishes the physical and emotional pain. BY BRUCE G. FAGEL Any case involving pain-and-suffering damages starts with the selection of a jury. Since most jurors will use their personal experience to evaluate all issues in any case,...

  Published in: Plantiff Magazine Evaluating the case as to the class of damages is critical to the decision of whether to take the case. By Bruce G. Fagel The evaluation of damages in a medical malpractice case starts with the initial evaluation and decision to accept the case. MICRA has created two classes...

  Published in: Daily Journal Friday, June 8, 2012 Medical malpractice settlements: who benefits? Protecting the public health is a critically important function of government. Communicable diseases or new drugs that can impact large numbers of people are the focus of organizations with centralized authority and broad investigatory powers, like the CDC or FDA....

  Published in: Forum Magazine 12 FORUM March/April 2012 Consumer Attorneys Of California Medical Negligence It has been more than 35 years since the California Legislature passed the Medical Injury Compensation Reform Act (MICRA) in response to a perceived “crisis” in the availability and cost of medical liability insurance. A keystone of this legislation...

  Published in: Plaintiff Magazine BY BRUCE G. FAGEL The traditional and time-honored method of discovery in all medical-malpractice cases involves three separate steps: First, obtaining the complete medical records on the plaintiff from all doctors and hospitals involved in the care; second, sending those records to a medical expert, who hopefully provides a...

  Published in: Advocate Magazine Advocate Magazine February 2012 Medical malpractice: Beyond the discovery "three step" Putting a case in context for the jury requires finding background information that supports your theory of liability and your expert witnesses. BY BRUCE G. FAGEL The traditional and time-honored method of discovery in all medical malpractice cases...

  Published in: Daily Journal Monday, December 12, 2011 Using tort reform as an excuse: Why health care cannot be reformed The health care industry, upon which we are all dependent, promotes the need for torn reform as an excuse for not being able to improve patient safety. As a result, the victims of...

  Published in: LA Daily Journal Verdict is in: lessons learned from the Michael Jackson trial. BY BRUCE G. FAGEL A doctor administering a powerful anesthetic agent to a patient in a home setting without vital sign monitors or resuscitation equipment is such an extreme departure from any acceptable standard of care that even...