medical malpractice in san francisco

Medical Malpractice for Failure to Treat or Diagnose Coronavirus

April 24, 2020 | Gregory J. Brod

The coronavirus has impacted nearly every region of the world, and its impact is likely going to be felt long after there is a vaccine available. Although medical professionals throughout California are doing their best to stay on top of the virus and care for the patients who are infected with it, there are going to be mistakes made. Tragically, with this virus being so deadly, those mistakes are going to cost lives.

When this happens, it is important that patients understand that they have legal options, but any personal injury cases involving the coronavirus are going to be particularly complex. A California medical malpractice lawyer can help injured patients and their families throughout the process.

Failure to Treat and Diagnose Coronavirus

HR 1215 Concerns Lawmakers, Attorneys, and the Elderly

March 20, 2017 | Gregory J. Brod

Under House Bill 1215, introduced in February 2017 by Rep. Steve King, R-IA, there would be a cap of $250,000 on non-economic damages for civil malpractice cases involving elderly and dependent adults. While California has a similar cap, it does not apply to lawsuits involving negligence and abuse toward the elderly and dependent adults. Lawmakers stress that the bill is intended to reduce healthcare costs and increase access to healthcare – it is even named “Protecting Access to Care Act of 2017.” Since the federal government is adversely affected by malpractice lawsuits for individuals insured through Medicare, legislators estimate it could save the government $62 billion in the next 10 years. However, many healthcare providers and attorneys feel this law would take away a crucial protection against elder abuse and interfere with state’s rights.

Elder Protection Issues in HR 1215

As David R. Cohen of Stark and Stark pointed out, civil lawsuits are one of the only ways elderly individuals and their families have to recover after an elderly person or dependent adult is significantly injured or killed due to negligent, reckless, or intentionally harmful medical care. Civil cases enable victims and their families to be reimbursed for their expenses and compensated for their pain and suffering, which can be severe in elder abuse situations. These civil cases also serve to make fraud in nursing homes and other care organizations known to the public, increase accountability, and improve the quality of care adults receive.

Lawsuit Alleges Counterfeit Parts Used in Spinal Surgeries Nationwide

June 11, 2015 | Gregory J. Brod

Patients place trust in their health care providers; they trust their doctors to provide a diagnosis and offer safe, effective treatment options. Unfortunately, sometimes health care providers take advantage of that trust. An increasing number of doctors across the country are alleged to have participated in a scheme to file false claims with insurance companies while using counterfeit parts in spinal surgeries. As recently as this month, new doctors alleged to have used fake parts in surgeries have been identified.

Nationwide Scheme to Submit Fraudulent Insurance Claims

Beginning last summer, more than two dozen lawsuits have been filed against a variety of defendants for participating in a scheme to use fake parts – such as screws and hardware – in spinal surgeries across the country. According to a Southern California Public Radio report, a Murrieta distributor, Spinal Solutions, manufactured fake non-FDA approved parts, which were provided to hospitals and doctors who submitted claims for more expensive FDA approved parts. Providers billed insurers as much as $12,500 for parts that cost as little as $300. The lawsuits allege that there are thousands of surgery patients who may have unknowingly had counterfeit parts used in their spinal surgeries.