If an employee is in the course and scope of his or her employment, then the employer is responsible for any negligent actions that the employee takes or even if the employee fails to take a proper action. Generally, an act is considered in the course of employment if the employer has authorized the employee to act or the act is closely related, or arises from an act authorized by the employer. On the other hand, an employer will generally not be responsible for an employee’s actions if the employee is running a personal errand or doing some other personal business on company time.

By way of example, some employers allow their employees to use a company vehicle. If an employee takes the company car to a bar and gets into a car accident, the employer may not be liable because the employee was visiting the bar on his or her own time. On the other hand, if the employee is taking a client to the bar with the permission of the employer and gets into a car accident, the employer will be responsible, because they were acting with the authorization of their employer. The issue is not always cut and dry, though, with the possibility of intoxication making things more difficult, because it is arguable whether or not the employer should have expected the employee to become intoxicated. In addition, if a company car is being used at the time of the accident, under certain circumstances the employer may still be on the hook if the employer had some awareness of the car’s use.

In addition, the use social media in business is also expanding the definition of course and scope. If an employee is driving to work in his or her own car, California law is fairly clear that the employee is not working, and the employer is not liable for the employee’s negligence. But what if the employee sends a work-related text on the way and causes an accident? Is that “course and scope?” If you are injured by an employee, the employer may be held liable for negligent hiring or negligent retention. Negligent hiring or negligent retention actually involves employee actions that are performed outside the employee’s scope of employment. In most cases with negligent hiring or negligent retention, the employer is held liable for the employee’s criminal conduct. In short, the employer is held responsible for carelessly hiring or retaining a criminal for a job that the employer should have expected would expose others to harm.

For example, a nursing home would likely be held liable for hiring an employee who was previously convicted of abuse, fraud or identity theft, if the employee then abuses or steals from a patient. In this case, it would not be difficult to argue that the nursing home should have known that it was likely the employee would act in this way. Similarly, if the nursing home hires an employee who is charged with identity theft after being hired, the nursing home may be held liable for negligent retention if the employee steals patients’ identities, because there was a significant likelihood that he would do so.

Any person injured by someone who is working, or might have been working, should have the case examined by an attorney who understands vicarious liability law in California. Walton Law Firm had handled many such cases, and provides all consultations free of charge.

One issue that comes up on a frequent, but irregular, basis is that of E. coli. It is a type of bacterium that commonly resides in the intestinal tracts of humans and animals. E. coli is transmitted when people come into contact with feces containing the bacterium. It can get into meat during processing, and it may be found in raw dairy products or raw fruits and vegetables. Sometimes feces can get into a lake or other water supply, and E. coli can find its way into drinking water. E. coli is also spread through person-to-person contact, usually when an infected person does not wash his or her hands after going to the bathroom.

Unfortunately, children are quite susceptible to contracting E. coli at daycare. The news organizations seem to be constantly telling us about another shipment of fruits or vegetables that are infected with E. coli, and if your daycare provides food to your child, they may be at risk. In addition, as many parents are aware, children are not always very hygienic and may not wash their hands after going to the bathroom. With all of the children touching the doorknobs, tables, other surfaces, books and toys, it is not hard to imagine a child spreading E. coli bacterium all over the daycare center.

It is important to remember that even if your child contracts E. coli from their daycare center, the center may not necessarily be liable. In these types of lawsuits, the plaintiff must prove that the defendant acted negligently or intentionally to cause the infection.

A daycare may act negligently by failing to ensure that the children in their care are properly washing their hands. In addition, a daycare center may be negligent if it fails to properly clean the rooms, including all of the toys, books and all the areas the children may touch. After all, an outbreak may be prevented or limited by using anti-bacterial cleaner throughout the room. If the daycare center provides food, they may act negligently if they fail to properly clean or prepare the food that results in the E. coli contamination.

A daycare center acts intentionally when they are aware that E. coli has been detected in the daycare center, but fail to inform the children’s parents. Also, if the center is aware that one child has contracted E. coli, it acts intentionally if it does not alert parents to the possibility of an outbreak. In those situations, warning the parents might limit or prevent an outbreak.

Regardless of the reasoning behind an outbreak, you should always consult experienced legal counsel if you suspect that your child’s illness was caused by the daycare center they attend. Lawsuits are subject to a statute of limitations, so if you wait too long to contact an attorney, you may never be able to bring a claim.

Malyia’s body began to shut down and went into liver failure. Doctor’s moved her to ICU and quickly learned that she was suffering from a strep infection. They gave the parents a grim choice, amputate her hands and feet or Malaya will die.

“This is the hardest thing I was dreading the most… was having to make a decision,” Malyia’s dad, Ryan Jeffers, told reporters. “They said ‘your daughter’s dying and the only thing we can do to save her is to amputate.”

The little girl was eventually flown to Stanford’s children’s hospital for the amputation surgery, and remains on a ventilator.

Did the delay in treatment cause this terrible outcome? Some reports say the father was demanding that his daughter be seen, and finally had to ambush a nurse. It does seem like an awfully long time for a two year old to be seen. But let’s assume there is negligence on the part of the initial hospital for the long wait. The hospital has very little to worry about liability-wise.

Because of California’s ridiculous cap on non-economic damages, little Malayia’s case for medical negligence cannot be worth $250,000. That’s right, if a jury were to determine that the hospital’s negligence caused the need for the amputations, and the jury gave this little girl $5 million dollars because of the struggles she will no doubt face for the rest of her life, the judge in the case would have no choice but to reduce that verdict to $250,000.

To learn more about the injustices of California’s MICRA law click here (.pdf), or here.

The Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, assault and battery, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call at (760) 571-5500 for a free and confidential consultation.

The decision by Medicare to end funding came after an inspection in January where officials found, among other things, that pharmacists failed to ensure that dangerous medications were used in a safe manner, and where physician assistants were not properly equipped to screen patients. The hospitals have been under the watchful eye of regulators since 2007, when they were first notified of the questionable care being provided to patients.

These two hospitals find themselves in small company. Since 2000, only 32 hospitals have lost Medicare funding. And, remarkably, despite the problems, the company CEO was rewarded with a $3.4 million bonus in March.

Source: California Watch

The personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Because of a multimillion dollar advertising blitz, Avandia was, at one time, one of the biggest selling drugs in the world. In 2006, sales of the drug totaled over $3 billion dollars. In 2007, however, a study by a Cleveland Clinic cardiologist suggested that the drug actually damaged the heart, and after a warning from the FDA, sales of the drug dropped dramatically. Despite the findings of heart damage, the drug stayed on the market when “an F.D.A. oversight board voted 8-7” too keep it on the market. (It would be interesting to know the politics at work behind that decision.)

“Rosiglitazone should be removed from the market,” concluded Dr. David Graham and Dr. Kate Gelperin of the FDA in the report obtained by the Times. GlaxoSmithKline, the drug’s manufacturer, disagrees (of course). It has stated that Avandia has been thoroughly tested and that “scientific evidence simply does not establish that Avandia increases” the risk of heart attacks.

A bipartisan multiyear Senate investigation, which will release its report on Monday, will apparently harshly criticize GlaxoSmithKline for failing to warn patients years earlier that Avandia was potentially deadly. According to the forthcoming report from the Senate:

“[GlaxoSmithKline] executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that a competing drug might reduce cardiovascular risk.”

Ultimately, this will be a story about the quest for profits at the expense of human lives.

Source: New York Times

The lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of incidents, including product defect claims, malpractice claims, car accidents, motorcycle accidents, an all other negligence induced incidents. Call (760) 571-5500 for a free consultation.

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In Rhode Island, state regulators ordered that video cameras be placed in all operating rooms after several medical errors, including an incident where doctors removed the tonsils of a child who was in the hospital for eye surgery. The hospital had at least six known surgical errors in the previous eight years.

Jim Conway from the Institute of Healthcare Improvements wants to empower patients to make sure they are not victims of medical malpractice. He is promoting a list of advice:

1. Say: “My name is ______________, my date of birth is _____________, and I’m here for an appendectomy.” You might feel like an idiot, says Conway, but say this to every doctor, nurse, and technician who takes care of you.
2. Say: “Please check my ID bracelet.” Hospital staff is supposed to confirm your identity in at least two ways.
3. Say: “Please look in my chart and tell me what procedure I’m having.” If the nurse gives you the right answer make sure she is looking at the chart.
4. Say: “I want to mark up my surgical site with the surgeon present.”
5. Be impolite. Make sure you the information you are given is exactly correct.

Source: CNN.com

Walton Law Firm represents personal injury victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call 760-571-5500 for a free consultation.

The investigation by Hearst, which included a team of investigators and several hundred interviews, has resulted in the launching of a website called “Death by Mistake” which highlights the stories of people victimized by medical malpractice. Some studies estimate that 98,000 people die every year from medical mistakes that could have been prevent. That equates to more deaths each month than occurred in the 9/11 attacks. This figure does not include the estimated 99,000 people who die each year from hospital-acquired infections.

The website also has a hospital safety database for several states, and tells the story of many medical malpractice victims.

To visit Dead by Mistake click here.

The personal injury lawyers at North County Injury Lawyers represent individuals and families who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.

The Incident

According to reports, police received a 911 call from the victim inside the hospital, who believed she had been raped. The swift response from law enforcement led to a thorough examination, which produced DNA evidence linking an EMT to the crime. Pena was arrested and is scheduled to appear in court.

“This is a hideous crime,” commented Jim Amormino, spokesman for the Orange County Sheriff’s Department. “One should expect to receive care and support in a hospital, not to face such a horrific violation.”

This incident raises critical questions about safety and accountability within care facilities, especially for our elderly loved ones who may be unable to advocate for themselves.

The Importance of Legal Support

In cases of elder abuse, having a knowledgeable Orange County elder abuse lawyer is essential. Legal professionals specializing in elder abuse can help victims and their families navigate the complexities of the legal system. They can provide guidance on how to report abuse, seek justice, and obtain compensation for damages caused by negligent or abusive caregivers.

Victims of elder abuse often feel isolated and powerless. An experienced Orange County elder abuse lawyer can empower them to stand up against their abusers and fight for their rights. Whether the abuse occurs in a nursing home, hospital, or even at home, it’s crucial to seek legal representation to ensure that justice is served.

Taking Action Against Elder Abuse

If you suspect that a loved one is experiencing abuse, it’s vital to take immediate action. Document any signs of abuse, such as unexplained injuries, changes in behavior, or withdrawal from social activities. These details can be invaluable when seeking legal recourse.

Contacting an Orange County elder abuse lawyer can help you understand your options. They can guide you through the process of filing a complaint against the facility or individual responsible for the abuse. Additionally, they can help coordinate with law enforcement and support services to ensure your loved one receives the care they need.

Call to Action

Elder abuse is unacceptable, and we must take a stand to protect those who cannot protect themselves. If you or someone you know has been a victim of elder abuse, don’t hesitate to seek help. The Nursing Home Law Group is here to support you. Our dedicated team of attorneys specializes in elder law and can provide the guidance you need during this difficult time.

Don’t let the silence continue. Contact Nursing Home Law Group today for a free consultation. Together, we can fight against elder abuse and ensure justice is served. Call us now to take the first step toward protecting your loved ones and holding abusers accountable. Your loved ones deserve to feel safe and respected, and we are here to help make that happen.

In the matter of the malfunctioning anesthesia machine, an injured patient told the San Diego Union Tribune that she “felt cutting, smelled burning, felt intense pulling down and towards (my) right side…I could feel the tears coming down my cheek . . . why didn’t they see my tears? I tried to talk . . . the pain was horrendous.” Of course, most people don’t realize that few of the victims will receive justice for the medical negligence that caused their suffering. California’s MICRA law restricts the recovery of non-economic damages (e.g. pain, suffering, disabling, embarrassment, etc.) to $250,000.00. Under no circumstances can any victim who is injured, maimed, or killed by a health care provider in California receive more.

No staff member had noticed quickly enough that Houtkin had turned blue, the doctor said, and efforts to save him came too late. What ensued was a very messy scene where the anesthesiologists could not reintubate the patient and the surgeon could not establish an opening in the windpipe, the physician said.

The hospital, of course, is denying this.

But recent events at this hospital make is sound more like some third-world health facility, not a state-of-the-art hospital in the orbit of America’s Finest City. During two state inspections last spring investigators found numerous deficiencies, including poorly trained nurses, improper use of restraints, an old operating room mattress (held together with tape and glue), and other problems. They also discovered three deaths that they deemed were preventable.

Sharp Grossmont Hospital is now at risk of losing federal funding.

Two weeks ago, a woman died in the emergency room of a New York Hospital waiting for a bed. She apparently waited over 24 hours, and surveillance cameras show her lying on the floor of the ER for more than an hour before an employee came to check on her. Several staff members have been suspended or fired, including doctors and the family intends to file a lawsuit for malpractice.

Last Sunday, a 34-year-old woman died after getting stuck in the elevator of a Des Moines, Iowa hospital.

And just yesterday it was reported that 17 infants were given overdoses of Heparin, a blood thinner, when nurses accidentally gave the infants 10,000 units of blood thinner instead of 10, as called for. One of the infants has died.

Walton Law Firm LLP is a personal injury and malpractice law firm that represents individuals throughout San Diego County. The firm is always accepting new cases, and free consultations are available.