Medical and Legal Guide To Cerebral Palsy
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...
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The Collateral Source Rule under the Affordable Care Act
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...
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Hospital Incentive To Bury Mistakes Must Be Rectified
Published in: San Francisco Chronicle By: Jamie Court and Bruce Fagel A child checks into the hospital and something goes terribly wrong. Within the first few days, the family is given a grim prognosis and pressured to turn off life support. This happens more often than you think in California hospitals, not just...
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Legislators Should up Damages Cap to Improve Patient Care
Published in: Daily Journal 5/2/13 Daily Journal - California's Largest Legal News Provider Wednesday, May 1, 2013 Legislators should up damages cap to improve patient care The state Legislature is now considering legislation that would transfer the investigative and enforcement authority over California doctors from the Medical Board of California to the attorney...
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Damages in Medical-Malpractice Cases Under MICRA
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...
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Asking the Jury for Pain-And-Suffering Damages, Including PTSD
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,...
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Health Care Safety and the Culture of Silence
Published in: Daily Journal Thursday, September 27, 2012 Health care safety and the culture of silence Two articles from opposite ends of the political spectrum were published about health care in the same week. Newsweek's article in their Sept. 24 magazine was titled "Hospitals Can Kill You," and the Wall Street Journal article...
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Medical Malpractice Settlements: Who Benefits?
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....
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Medical Malpractice in The 21st Century
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...
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Medical Malpractice: Beyond the Discovery in Three Steps
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...
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