San Bernardino Workers' Compensation Law Blog

Should one step into any hospital or medical center in San Bernardino, they will encounter a fast-paced, interconnected network of employees working in several areas performing different functions, all to ensure that the appropriate care is delivered to a single patient. From the registrar that checks a patient in to the clinician reviewing said patient's chart prior to discharge, every employee involved plays a critical role (even those in non-clinical functions). The failure of a single link in this caregiving chain can produce devastating results for a patient. 

This fact was on full display in the details of a lawsuit brought against a Michigan hospital. A newborn was brought into the hospital for a renal scan, yet while the required IV line was being placed, the boy's condition quickly deteriorated to the point of his skin turning blue (according to his mother's account). Hospital personnel, however, failed to immediately perform emergency treatment other than performing rescue breaths. By the time treatment was delivered, the boy suffered from a lack of oxygen to his brain, which resulted in him developing cerebral palsy. 

In California, the Medical Injury Compensation Reform Act (MICRA) can have an impact on your ability to seek compensation for acts of medical malpractice. Kampf, Schiavone & Associates are here to guide you through medical malpractice caps and the way they may impact maternal mortality.

MICRA places a cap of $250,000 on non-economic damages in any case involving medical malpractice. What does this mean? In essence, it limits the amount of money that the injured party can expect to get in exchange for their injuries, damages, and losses. In theory, damage caps are put into place in order to keep a chain of expenses from growing. A doctor involved in a medical malpractice case may have to pass the cost of their heightened insurance onto their patients, for example.

When you visit a California hospital to give birth to a child, you probably have high hopes for a smooth delivery and a happy, healthy baby who will help complete your family. For some parents, however, the birthing process goes anything but smoothly, and in some situations, physicians have to rely on alternative birthing methods, such as forceps deliveries, to deliver your child. In some cases, forceps deliveries can lead to injuries and related issues for your or your baby, and some of them can prove quite serious. At Kampf, Schiavone & Associates, we have seen the sometimes-traumatic effects of forceps deliveries firsthand, and we have helped many families who experienced hardship due to such deliveries seek recourse.

According to the Mayo Clinic, your physician may decide to do a forceps delivery if you are having a particularly difficult labor. If you are, for example, pushing, but not seeing any progress, your doctor may recommend a forceps delivery, and he or she may do the same if you have certain health issues, or if your baby’s heartbeat indicates he or she may be in distress.

When a California car accident, work accident or other type of incident causes you to suffer a serious blow to your head, you may experience what is known as a traumatic brain injury. Typically classified in terms of severity as either minor, moderate or severe, traumatic brain injuries can impact virtually every area of your life, from your ability to speak and recall events to your ability to interact with others in the manner you always have.

Per Brainline, while a “minor” traumatic brain injury is a less-severe type of brain injury, it can still have a serious long-term impact on your overall quality of life. While, in some cases, symptoms may occur and then seemingly disappear soon after, symptoms can also prove quite serious, and in some instances, they can affect you for quite some time. In fact, about 15 percent of all mild traumatic brain injury sufferers continue to suffer symptoms that are serious enough to severely debilitate them.