San Bernardino Workers' Compensation Law Blog

Does domestic violence contribute to traumatic brain injury?

It is easy to think of brain injuries affecting football players and victims of car accidents, but have you ever considered connections between domestic violence and head trauma? It is not hard to imagine, is it? Spouses get into an argument that escalates into punches, and next thing you know, someone is on the way to a California emergency room.

This scenario is quite realistic, and the National Women's Health Network finds especially disturbing the impact on women who are in similar situations. The NWHN says traumatic brain injury connected to domestic violence "may affect up to 20 million women, six percent of the population."

Bouncing back from an injury at work

California worksites are supposed to be safe. OSHA works overtime to make sure of this, and state regulations governing safety are stronger here than they are in many other places in the USA. Still, we often see people come into our offices at Kampf, Schiavone & Associates with debilitating injuries sustained during work on a construction site.

Our workers' compensation practice deals with some of the toughest issues in injury and workers' comp law, including:

  • Impact on future earnings
  • Defective tools and equipment
  • Electrical accidents and injuries
  • Crane accidents
  • Falls

Is chronic pain a workplace injury?

If you are like many people in the California workforce, then you have probably given your employer some of the best years of your life. For this, it is reasonable for you to expect compensation and consideration if you happen to become injured. However, it is an unfortunate fact that many employers in the state do not see it as their responsibility to assume treatment costs for chronic conditions that developed over the course of a long-term employee's tenure with a company.

When it comes to negotiations and courtroom proceedings, many employers use the same basis for their arguments. In terms of chronic injuries, especially those that are difficult to diagnose, the main argument on behalf of the defense would be simply that your employer is not responsible for the condition.

The worst possible consequences of misdiagnosis

California has one of the highest standards for medical care in the United States. However, that does not mean that doctors in the state are infallible. In fact, studies exist suggesting that medical professionals could be responsible for far more harm than anyone would like to believe.

When one thinks about medical malpractice, it is likely that surgical mistakes, flagrant errors or omissions would come to mind. However, a simple missed guess when made irresponsibly has the potential for drastic and deleterious effect on the life of a patient, potentially even leading to death.

Nursing home workers at high risk for sustaining work injuries

Medical workers are dedicated to providing care for those who need it. Those who care for the oldest and most vulnerable patients often do so because they have a passion for helping others. It's kind of ironic, then, that medical workers are at higher risk than the general public for needing care because of their work. You may not think of the medical field as a high risk industry, but in reality the workers in this field face daily risks to their health and well-being.

Thankfully, worker's compensation benefits are available to the vast majority of dedicated people who work in the medical field. Nursing home workers, as well as those who visit the elderly still in their homes, perform difficult labor on behalf of those who can not fully care for themselves. If they wind up injured in the course of their duties, they can receive benefits that include medical coverage and temporary disability income while they recover.

What do you do if a loved one dies in nursing care?

Losing someone you care about is never easy. However losing someone when you have entrusted that individual's care to a responsible professional organization has the potential to be even more distressing. Luckily, California law would offer you some recourse should the unthinkable happen to a relative of yours in a nursing home.

The California Advocates for Nursing Home Reform list a number of ways in which senior citizens might be abused in the state, any one of which could conceivably lead to the wrongful death of one of your loved ones. These elder abuse situations include, but are not limited to:

  • Isolating an individual
  • Neglecting to provide physical necessities
  • Physically or mentally abusing the individual

Obtaining compensation for birth injury

After months of pregnancy, a birth injury is one of the most disorienting things that could possibly happen to you. Unfortunately, it is not unthinkable for the lack of knowledge or focus on the part of a medical professional in California to lead to serious injuries for your child. Even if you were unable to choose your birth doctor, you deserve someone who is appropriately trained. At Kampf, Schiavone & Associates, we believe that everyone should have access to competent medical care.

Previously, we discussed some of the most common types of birth injuries that could qualify as medical malpractice under certain circumstances and how you might go about pursuing a relevant case. This article we will examine the grounds on which you might seek compensation in the unfortunate event your infant was the victim of an irresponsible doctor or hospital administration.

When a common injury constitutes malpractice

Even with all of the modern medical facilities available in the state of California, childbirth still carries a risk of injury. Almost every physician, birth caregiver and expectant mother knows of these risks, especially if the professional has appropriately informed their patient of the risks of suggested procedure.

The general abundance of knowledge makes it difficult to say, in certain cases, when an injury is the result of medical malpractice. According to the FindLaw article about medical malpractice in Los Angeles, negligence is a primary factor in these types of cases. If a prosecuting attorney were able to show a defendant lapsed in fulfilling basic expectations of care, the prosecution would have a good chance of winning the case. There is little excuse for ignorance among medical professionals.

Prevalence of brain injured inmates giving a new perspective

When people in California suffer a traumatic brain injury, their entire way of seeing things, processing information and making decisions is altered. Often, they are required to relearn several habits and behaviors that were previously basic or innate. While family members and friends may do their best to provide consistent support and encouragement, brain-injured individuals often have to receive intervention of some sort to assist them in learning how to cope and thrive despite the changes they have experienced. 

A recent research study in Colorado has revealed some intriguing results after nearly 4,200 inmates were screened for brain injuries. Researchers found that a shocking 54 percent of all of those who were surveyed had some level of a traumatic brain injury. In comparison, only 8 percent of the general population suffer from TBI. To decipher whether or not participants were indeed victims of a TBI and to assess how severe each case was, researchers asked a series of questions regarding each inmate's history. The study focused solely on those who were victims of domestic violence, victims in serious car accidents and those who had been in a coma in the past. 

Things you should not discover after your surgery

Surgery can be a scary experience and you will likely feel happy or euphoric once it is complete and you are awake. But what if somebody finds after the fact that their California surgeon operated on their right leg when it should have been the left leg? This is a medical mistake that should not have happened at all. According to the Agency for Healthcare Research and Quality website, there are a number of unwelcome post-surgery discoveries that can be the result of medical malpractice.

As mentioned previously, a surgical patient can be operated on in the wrong part of their body. Depending on the surgery involved, an operation performed on the wrong spot can inflict lasting damage. The wrong organ could be removed. A surgeon may remove healthy body tissue when a cancerous part should have been removed instead. Some surgeons may operate on an incorrect area of the spine, causing nerve damage or possibly paralysis.

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715 N. Arrowhead Ave.
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San Bernardino, CA 92401

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