San Bernardino Workers' Compensation Law Blog

There are few things more distressing than the loss of a loved one, especially if it occurred suddenly. If you have reason to feel partly responsible for the circumstances that led to the loss, such as placement in a nursing home, then it could alleviate your conscience to know that the fault might not be yours at all. The California legal system is set up to investigate these events, and processing your loss through the law could lead to closure as well as your receipt of proper compensation for your loss.

Wrongful death lawsuits are civil proceedings. If you were to pursue a claim in civil court, you would not have to provide as much evidence to receive a favorable decision as you would to secure a guilty verdict in criminal court. However, you would probably follow a similar investigatory process for both the civil and criminal cases. Additionally, you might be able to use articles from a related criminal case in your civil claim.

When you have an ailment or unexplained symptoms and you visit your California physician, you want to feel confident the he or she will be able to appropriately assess your condition and render you an accurate diagnosis. Unfortunately, however, doctors are not immune to error, but the consequences that can occur when doctors misdiagnose you can prove considerable and life-changing. At Kampf, Schiavone & Associates, we understand just how much an inaccurate medical diagnosis can upend your life, and we have helped many clients facing similar circumstances seek appropriate recourse.

According to Fox News, about 5 percent of all adult Americans will receive an inaccurate medical diagnosis each year, and these might include delayed diagnoses, wrong diagnoses or failures to diagnose altogether. Part of this is likely due to the fact that many symptoms can suggest more than one condition or ailment, and it can be difficult for physicians to narrow down the exact cause of yours.

If you live in California and have a disability that is severe enough to prevent you from working and supporting yourself, you may be considering applying for Social Security Disability Insurance from the U.S. Social Security Administration. The application process is often complicated and commonly misunderstood, however, and many applicants make errors when applying that can hurt their chances of approval. At Kampf, Schiavone & Associates, we have a comprehensive understanding of the SSDI benefit application process, and we have helped many clients in similar situations apply for benefits or appeal an SSA denial.

According to Everyday Health, one thing you should know before applying for SSDI benefits is that the more information and documentation you have from physicians about your condition, the better your chances of approval. Please note, however, that your doctor’s word alone is not always enough to prove your disability is severe enough to warrant SSDI benefit assistance, and that it is up to the SSA to issue the final decision.

When people are seen by a physician, go to the pharmacy, are admitted to the hospital, enter the operating room for a procedure or are diagnosed with a condition, they rely on a host of medical professionals to take care of them. Peoples’ medical care includes a multidisciplinary team of experts, including medical doctors, nurses, pharmacists, surgeons, therapists and specialists. All of these professionals must communicate with one another regarding patient health care in order to properly treat the patient. A lapse in communication or failure to relay crucial information may lead to a serious medical error, injury or even death.

According to a study published by UC San Francisco, better communication among health care workers could lower the number of medical mistakes by up to 30 percent. Whenever a patient is moved to another provider or transferred to another facility, miscommunication can occur. A breakdown in communication can occur when doctors and/or nurses fail to make comprehensive notes in patients’ charts or provide incomplete information.