Archives for : October2015

My Dental Procedure Went Wrong

Dental malpractice is a major problem in California. When you go to the dentist, you reasonably expect that the dental professional will keep you as safe as possible during any oral procedure. A dentist, and dental assistants, are required to provide patients with appropriate care that meets legal standards. If your dentist fails to live up to this standard, the damage you face can be significant. Damage from a botched dental procedure can be physical, mental or financial. A physical injury caused by a negligent dentist can be very painful, to the point that the injury is completely debilitating. If your Sacramento dental procedure went awry, contact an experienced dental malpractice attorney, to learn about your legal options.

Do I Have A Valid Dental Malpractice Claim?

If you feel like your dental procedure went wrong you might have a valid medical malpractice claim. Victims of dental malpractice are often entitled to substantial compensation. A successful legal claim for dental malpractice has four different required elements:

  • Prove the existence of a dentist and patient relationship;
  • Demonstrate the appropriate standard of care the dentist owed the patient;
  • Show that the standard of care was breached; and
  • Connect the harm that was caused to the patient to the breach of the standard of care.

The majority of the time, the existence of the dentist and patient relationship is not contested. Establishing the appropriate standard of dental care can also be relatively routine in most dental malpractice cases. The key to successfully winning a dental malpractice lawsuit is establishing that a breach occurred and proving that the established breach was the cause of your damage. If for any reason you believe your dentist might have committed malpractice, you should speak to an attorney as soon as possible.

What Compensation is Available for Dental Malpractice?

Once you have established negligence on the part of the dental professional. You must also show that you sustained real damage in order to collect compensation. There are several different types of compensation which may be available to you if you were the victim of dental malpractice, they include:

  • Any medical expenses;
  • Lost wages and future lost wages; and
  • Pain and suffering.

Contact An Experienced Sacramento Dental Malpractice Attorney

If you, or your loved one, has been injured by the malpractice of a dentist or dental assistant an experienced personal injury attorney can help. At Teal Law Group, our attorneys have deep understanding of California dental malpractice law and can comprehensively review your case and determine what steps you should take next. Contact the Teal Law Group today for a free consultation.

Trick-or-Treating Safety Tips

Halloween is a time where children are excited to dress up as their favorite characters and parents are excited to take their little ones out to show off their costumes. However, Halloween can also be very scary, for children and parents alike, when you have people playing tricks rather than giving treats, or giving treats that are really tricks. Therefore, there are specific tips that can help you and your loved ones enjoy your Halloween night. However, if you or a loved one find yourself in a less than perfect circumstance that results in injury, contact Teal Law Group to help fight for your rights.

Halloween Safety Tips

When you and your loved ones are out on Halloween night Trick-or-Treating remember these safety tips to keep you and your loved ones safe:

  • Choose costumes without masks or that minimally interfere with your vision
  • Children should wear costumes that are visible at night or have reflectors on them
  • Before going out, it is best to give your littles a light snack so that they are not tempted to eat candy from their bag before reaching home
  • Children should be accompanied by an adult and older children should travel in groups
  • Carry a flashlight for lighting
  • Do not have your children enter the home or car of a stranger
  • Only Trick-or-Treat at houses that have their porch lights on
  • Avoid costumes that contain replica firearms
  • Do not run
  • Cross the street at the corners and not diagonally across intersections or in between cars
  • Closely inspect all candy before allowing children to eat it
  • Lastly, remove all candy that could cause a small child to choke

Need Legal Advice?

Though Halloween is an exciting time for many, it can also be scary if certain precautions are not met. Do not become a victim due to your own actions. However, if you or a loved one finds yourself the victim of some cruel trick that leads to personal injury please contact an experienced personal injury attorney at Teal Law Group to figure out the best strategy for your case. We are here to help. Happy Trick-or-Treating!

Most Common Medical Malpractice Cases in Sacramento

When you are feeling under the weather, most people first seek over the counter medicine to cure them, and if that does not work they tend to seek medical attention. You trust that when you seek medical attention that you will be provided the utmost care and that the proper procedures will be used. Though most of the time you are, unfortunately, this is not always the case. If you or a loved one suspect that you have been the victim of medical malpractice, it is imperative to contact an experienced Sacramento medical malpractice attorney to seek legal advice.

What is Medical Malpractice?

Medical malpractice in Sacramento, is when a healthcare provider omits or acts in way that deviates from the accepted standards of practice in the medical community that results in death or injury to the patient. It is essentially negligence by a healthcare professional. This negligence by a healthcare provider includes physicians, hospitals, or other providers of health that results in injury or death. Medical professionals are held to a higher standard than most people and are measured against other medical professionals with the same degree of knowledge, skill, and intelligence.

What are the Most Common Medical Malpractice Cases?

The most common cases of medical malpractice includes:

  • Misdiagnosis
  • Delayed treatment
  • Surgical errors
  • Prescription errors
  • Anesthesia miscalculations
  • Injuries to baby during childbirth
  • Failure to acknowledge or act on a test results

California Section 340.5 of the Code of Civil Procedure states that all medical malpractice claims must be brought within three years of the date of injury or one year after you discover the injury, whichever comes first. Therefore, seeking legal advice as soon as you are aware of the medical negligence is of the utmost importance.

Need Legal Advice?

Medical malpractice cases are never easy; however, with the right legal advice medical malpractice cases can be easier. Nonetheless, it is important to note, that just because a patient is not happy with the outcome of their medical treatment does not automatically mean that the medical professional engaged in medical malpractice and that is why it is important to contact an experienced Sacramento medical malpractice attorney to consult about your case. Here, at Teal Law Group we will consult with you about your case and strategize about how to achieve the best possible outcomes for your case. Contact our office today to ensure that your rights are protected!

California’s Statute of Limitations for Medical Malpractice

Though we all like to believe that injuries during medical treatment by medical personnel does not happen, unfortunately it does. Sometimes you find out immediately that an injury has been sustained to you, however, often times, you do not find out that an injury has occurred until later. So in these cases, what should you do? What is the best course of action to take? If you or a loved one have been the victim of medical malpractice it is extremely beneficial to contact an experienced Sacramento medical malpractice attorney about your case.

What is the Statute of Limitations for Medical Malpractice Cases?

For California, the law imposes a statute of limitations which sets a maximum amount of time that legal proceedings can occur after the date of an accident. A statute of limitations is the deadline for filing a lawsuit. Most lawsuits must be filed within a certain amount of time, and if not filed within that time frame, can no longer be filed.

Depending on the type of case or procedure, California’s statute of limitations range from one year to ten years. California’s state law states that for professional malpractice, the period of time during which you can file a lawsuit for personal injury is three years from the date of the injury or if the injury is not discovered right away, then the statute of limitations is one year upon the date of discovery or when you should have discovered the injury, whichever occurs first. Also, at no time shall an action exceed this three year time frame unless the event is tolled due to: fraud; intentional concealment; or the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.

Need Legal Advice?

Injuries can be sustained at any time during a medical procedure, however, once that injury has been discovered it is invaluable to contact an attorney to determine whether you have a case and to make sure the statute of limitations have not run on your case. If the statute of limitations has been ran then you will no longer be able to file a claim. Therefore, contacting Teal Law Group to receive an initial consultation on your case is beneficial. Contact our office today so that we can help strategize about the best action plans for your case.

Most Common Medication Errors

We, as people, expect that when we visit a doctor’s office and medication is prescribed it will be sufficient in helping make us feel better. If the medicine does not work we tend to go back to the exact same doctor so that they can prescribe us “better” medicine. However, what happens when you have received a medication error? If you or a loved one have sustained an injury due to a medication error from a medical provider you should seek an experienced Sacramento medical malpractice attorney to see if you have a case.

What are Medication Errors?

Medication errors can be harmless to some, however, for others, it can prove to be detrimental. A medication error is any preventable event that may cause or lead to inappropriate medication use or patient harm. Approximately 1.3 million people are injured annually in the United States following medication errors and unfortunately this number continues to increase making a great amount of medical malpractice claims being filed.

What are the Most Common Medication Errors?

Though there are several reasons for medication errors, there are certain errors that are repeated throughout Sacramento. These medication errors include, but are not limited to: taking too much medication, overdoses, medications interacting with other medications, illegible prescriptions; and staff distractions. Also, studies show that most medication errors occurs with older people because they often times more than one prescription within an eight hour time frame.

There are certain precautions that can be made to minimize medication errors. When your doctor gives you a prescription you should be sure to ask him or her: the name of the drug; the correct dosage; what the drug is used for; and the purpose of the drug. Asking these questions before taking certain medication should keep error rates at a low.

Need Legal Advice?

Medication errors can be detrimental to a person depending on other circumstances. Because of the seriousness that medication errors can have on a person, it is important to seek legal advice if a medication error has created a serious injury to you or a loved one. Contact Teal Law Group for your initial consultation. We understand the complexities of drug interactions and are here to help.