Just as with every state in the US, California has laws that are used to punish people who have been found guilty of domestic and/or spousal abuse, domestic violence, corporal injury, and/or battery. The charges can either be a misdemeanor or a felony charge, depending on the details of each case. Because of the complexity that domestic violence and abuse cause, victims are often not given the option to “drop the charges” against the abuser once the charges has been filed and the investigation has begun. It is very common for prosecutors to seek the maximum penalties towards those charged, regardless of whether the victim retracts their statements or allegations.

According to the website of Williams Kherkher, a domestic violence charge is often filed when a loud argument leads to a physical alteration. When the police are called (either by the victim or anyone who heard the attack), they will be taking official statements from the alleged victim and if there are injuries that are identified by police, they will be photographed for evidence. Even the smallest of injuries are enough for the police to press charges and it can be difficult to dismiss a domestic violence case (also known as Penal Code 273.5 PC) once they have begun acquiring evidence.

Because the penalties for a domestic violation can be harsh and severe, many lawyers have various defenses to prevent such penalties. Accidental injuries, self defense, and even false claims are often used as defense from domestic violence charges, which is why it is important to find the right lawyers who not only understands the specifics of your case, but also knowledgeable and experience in handling domestic violence cases. Damages from domestic violence are not only physical, but also emotional and psychological.

read more

The Consumer Product Safety Commission estimates that about 300 children below 5 years old die in swimming pool accidents in the US, and a further 2,000 require emergency medical treatment for accidental submersion in home pools. This is especially a problem in California, where year-round fair weather makes residential swimming pools very popular, and accidental drowning are the leading cause of death for children under 5 years old, 75% of which are between the ages of 1 and 3 years old and many under the supervision of an adult.

Those statistics are grim enough, but what is most disturbing is that about half of the children who die in above ground swimming pools and other home pools were not even supposed to be in or around the family or neighbor’s pool at all. In many cases, by the time adults notice that the child is missing, it is too late. Very young children who are submerged in water rarely scream or struggle; they simply drown. About 2% of these fatalities were trespassing on private property.

Young children are naturally curious and adventurous, and have no real concept of danger, and that makes swimming pools a very dangerous place for them. This is why pool owners are required to take stringent measures to ensure that young, unsupervised children are protected from their own curiosity. As pointed out on the website of Ritter & Associates, slippery decks can also pose a significant danger to running children, so owners have to make sure that these surfaces are not slippery. Ladders to above ground swimming pools should be removed when not in use, and in-ground pools should be fenced and equipped with child-proof locks.

Pools are an “attractive nuisance” and under the law, pool owners are responsible for keeping children away. They are liable for any injuries or deaths of children caused by their pools, even if the child is trespassing. If you or your child was injured because of the negligence of the pool owner, you have a right to seek compensation in civil court. Consult with a personal injury lawyer in your area for more information.

read more

On April 30, 2014, Johnson & Johnson’s power morcellator manufacturing unit Ethicon withdrew from the market its Gynecare Morcellex Tissue Morcellator, Morcellex Sigma Tissue Morcellator System, and Gynecare X-Tract Tissue Morcellator, suspended the sales and promotion of these devices and asked hospitals (with that use these devices) to return these. Ethicon’s move is in response to the FDA’s safety alert that discourages further use of power morcellators in surgical procedures that removed either the uterus or uterine fibroids.

Based on studies reported in medical literatures, power morcellators have been found to cause the spread of undetected uterine sarcoma (a cancerous tissue) beyond the uterus. As there is no available device capable of accurately detecting the presence of uterine sarcoma, a power morcellator can cause it spread during a surgical removal of uterine fibroids or myomas (which are benign tumors growing in the uterus).

Power morcellators began to be introduced in the 1990s, improving the way of performing hysterectomy, the surgical procedure for removing the female’s womb or uterus. This power device, which is capable of mincing large masses of tissues, to allow these to pass through abdominal incisions as small as 0.5-1cm, was approved by the US Food and Drug Administration to be used in laparoscopic surgeries (which are minimally-invasive surgical procedures), specifically in hysterectomy and myomectomy (which removes uterine fibroids).

The use of power morcellators in laparoscopic surgeries eventually gained popularity as their use offered benefits that were lacking in traditional hysterectomy procedures, such as abdominal hysterectomy. While abdominal hysterectomy required incisions in the abdomen that were 5 – 7 inches long, minimally invasive surgeries only needed four 0.5-1cm cuts, making the wounds heal faster, reducing possibilities of infection or complications, lessening the amount of blood loss, reducing pain, and requiring shorter recovery period or hospital confinement.

The FDA, however, see cancer development in women an unacceptable consequence of the use of the device. And while debates on whether to totally ban the use of power morcellators continue to be held, a number of lawsuits have already been filed by women diagnosed with leiomyosarcoma, the type of cancer resulting from morcellation treatment.

Women who have been treated with a power morcellator in the past will find the articles on the website of the National Injury Law Center at www.legalhelp247.com/practice-areas/morcellators/ very informative and interesting. The articles actually talk about women’s legal rights and options after having been diagnosed with cancer after undergoing laparoscopic surgery; it also explains the necessity of being represented by a highly competent lawyer in a civil litigation.

read more

Being licensed and well-practiced is not only valuable, but necessary, for all drivers. However well-prepared a driver is for the roadway, car accidents are an unfortunate reality for most people. The best way to prevent a car accident is to remain alert and cautious while maneuvering a vehicle. The most common cause of trucking accidents, accidents involving semis, is the failure of other drivers to stay out of the no-zones. No-zones on a semi are blind spots that the trucker is not able to compensate for, It’s important for other drivers to be aware of these no-zones in order to protect themselves from potential harm.

In addition to motorcycle accidents, rollover accidents are extremely dangerous as they pose a serious threat to the health of victims involved. Sports Utility Vehicles (SUVs) and pickup trucks are at the most risk of rollover accidents because of the structural layout of the vehicles. The narrow width of the left and right tire wells in relation to the height of the vehicle renders SUVs and pickups vulnerable to rolling upon navigating a sharp turn or receiving a blow from a strong force. Some of the most common personal injuries sustained from rollover accidents are head injuries, spinal cord injuries, scarring, broken bones, and child injuries.

Another vehicle accident that could potentially cause a lot of damage to victims is the motorcycle accident. These Milwaukee car accident lawyers say that motorcyclists are particularly vulnerable to physical injury because of their lack of external protection; unlike drivers, who are encased and safely buckled inside a metal box. If a motorcyclist is involved in an accident that throws them from their motorcycle, their risk for serious injury increases exponentially. It’s incredibly important for other drivers to be aware of and extra attentive around motorcyclists. Wearing protective gear and observing the appropriate speed limits and traffic precautions are the most important steps that motorcyclists (and all other drivers) can take in keeping themselves safe from injury.

read more

Healthcare providers in the United States are among the most medically advanced physicians in the world. In addition to rigorous schooling, prospective physicians must have years of first-hand experience in their residencies before they are able to establish themselves independently in the medical field. For these reasons, people often rightfully put their trust and confidence in the abilities of their healthcare provider.

Unfortunately, when a doctor makes a mistake the consequences can be devastating to the patient. If the physician or hospital staff negligently injures a patient, the injured party can file a medical malpractice case. Medical malpractice can manifest itself as misdiagnosis, delayed diagnosis, improper treatment, surgical mistakes, pharmaceutical errors, or hospital staff negligence. In order to avoid being the victim of medical malpractice, patients need to be assertive and communicative when consulting with a physician. In most cases though, medical malpractice can not be avoided since it isn’t any fault of the patient.

A notable subgroup of the medical malpractice classification is surgical errors. According to the Goings Law Firm, LLC website, surgeries naturally pose a higher risk to the patient’s health because of the administration of anesthesia and invasive nature of the process. However, since they pose a higher risk, surgeons need to practice the utmost amount of caution while operating. Something like performing a surgery on the wrong patient or removing the wrong organ can be incredibly costly to the patient as well as the hospital and should never happen. Nevertheless, these mistakes are made on occasion, and are clear-cut instances of medical malpractice. This means the hospital or doctor can be held accountable for their mistakes.

If a surgeon’s negligence causes stroke, paralysis, brain injury, infection, bleeding, or death, the victim and victim’s family are entitled to pursue financial compensation. In some cases, post-operative exams have revealed surgical utensils, like scalpels and spectrums, within the body of the patient. Even if an injury has not been sustained, having to re-operated in order to remove the tool is cause for compensation.

read more