It is estimated that approximately 230,000 American women will be diagnosed with breast cancer in 2015. That means that around 12 percent of American women will be diagnosed by invasive breast cancer in their lifetimes. Breast cancer can be complicated to treat and catching it as early as possible is absolutely critical. Unfortunately all too often doctors negligently fail to follow proper procedures resulting in early developing breast cancer going undetected for far too long and putting the patient at risk. Negligent misdiagnosis of breast cancer is medical malpractice.

I felt a lump and nothing was done

Public awareness campaigns highlighting the importance of self examination of breasts for lumps other abnormalities are increasingly widespread. Yet sadly, even today some doctors fail to properly follow up on this self-reporting from their patients. If a patient self reports feeling a lump a doctor should follow up by then examining the breasts for a lump. But even if a doctor is unable to find evidence of a lump in their medical examination the doctor should continue to pursue the possibility by ordering a mammogram or other advantage imaging tests. The risk is too high to simply ignore and brush off the patient’s self report as nothing.

Proving Misdiagnosed Breast Cancer is Medical Malpractice

To prove misdiagnosed breast cancer is medical malpractice one must prove negligence on the part of the doctor. A doctor would be negligent if they fail to provide the same standard of care that other qualified doctors would have provided in a reasonably similar circumstance. In the case of breast misdiagnosis, this requires establishing the proper medical standard of care. And then establishing how the doctor deviated from that standard of care. The failure to order a mammogram when a patient claimed they found a lump during self examination may be negligence. An attorney experienced in medical malpractice should review the case thoroughly if this happened to you or your loved one. When the negligence of a doctor rises to the level of medical malpractice in a case of misdiagnosed breast cancer the result can be very serious and possibly deadly. The patient or their family may be entitled to substantial compensation.

Contact an experienced Sacramento medical malpractice attorney for help

Medical malpractice claims for failure to diagnose breast cancer can be complicated, you must have a highly experienced medical malpractice attorney by your side. If you or your loved one is dealing with a case of misdiagnosed case breast cancer in Sacramento contact the Teal Law Group at 916-448-1010 today for a free consultation.

Almost every type of surgery or other medical procedure comes with a wide variety of risks. Some risks and complications can lead to injuries more severe than the original underlying condition. Medical professionals are required to provide patients with information regarding procedures including possible risks that may cause the patient to refuse the treatment. Not every possible risk must be disclosed, however, California doctors are required to inform patients of any information that would be material to a patient making a decision whether to proceed. Agreeing to a procedure after knowing the relevant risks and information is referred to as “informed consent.”

If a doctor fails to properly inform a patient of the risks of surgery or other procedures and the patient suffers serious injury as a result, the patient may be entitled to significant compensation.

The doctor told me the procedure was necessary to save my life

Informed consent cases may become complicated if the procedure is necessary to save a patient’s life. For example, in an emergency situation, a patient may need surgery or other treatment immediately or else they may die. In such cases, there is no time to discuss the risks of the procedure and get the dying patient’s signature on a consent form. For this reason, doctors are not held liable for failing to get informed consent in emergencies.

Additionally, if a doctor knows that you need a particular surgery to survive and suspects that, due to an emotionally fragile state, you would be too afraid to agree to the surgery, the doctor may sometimes be intentionally vague about the risks. For example, imagine that a patient needs spinal surgery to remove a large tumor and avoid imminent death, but there was a risk of nerve damage and paralysis. If the patient is mentally or emotionally fragile, knowing the risks would likely cause too much anxiety and lead to a preventable death.

The above examples demonstrate that not every failure to obtain informed consent rises to the level of medical malpractice. It is important to discuss your particular situation with an experienced attorney who can advise you whether you have a valid legal claim.

Discuss your situation with a Sacramento medical malpractice lawyer today

At the Teal Law Group in Sacramento, our attorneys have extensive experience standing up for the rights of patients injured by various forms of medical malpractice. If you believe that your doctor has wrongfully caused you injury, call us today at 916-448-1010 or contact us online for a free consultation.

Have you been fired recently? How do you know if you were terminated legally or illegally? While most employment is at will it’s important to understand there are exceptions to the rule, and of course legal ramifications, which could help you fight your former employer for wrongful termination.

Below you’ll find helpful information that may guide you towards understanding whether or not you are victim of wrongful termination.

Did You Receive Promises in Writing?

You have a very strong argument if you have, in the past, received a written contract or other statement that promises you job security. Contracts such as these mean you are not an at will employee. An example is a contract stating that you can only be dismissed for reasons clearly communicated in the contract. Additionally, you may have received a letter promising your duration of employment. These are documents handy in court.

Did You Receive an “Implied” Contract

An agreement based on things your employer said and did is the existence of an implied employment contract. This is another exception to the at will rule.

While, this can be difficult to prove because most employers are very careful not to make promises of continued employment, implied contracts have been found where employers promised employment for a specific period of time.

Courts look at a number of things in deciding whether an implied employment contract exists, including:

• Continuation of Employment
• Employment Duration
• Job Promotions Regularity
• Performance Reviews History
• Employer Violations

We are the Attorneys for You
Are you the victim of wrongful termination?

The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest.

If you feel you’ve been terminated illegally, we can help. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of wrongful termination law. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.

Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or  Contact us today.

People are often confused about the subject of sexual harassment in the workplace. If you’ve suspected that you’re being sexually harassed, but aren’t exactly sure what steps to take to remedy the situation, here are a few things to be aware of regarding sexual harassment at work.

First Things First, Don’t Quit.

Often, at the first incident of sexual harassment, many employees quit, often because they’re embarrassed. While your feelings are perfectly understandable, if you quit, you might be giving up your claim to sexual harassment.

Look for Your Company’s Sexual Harassment Policy

See if your company’s employee handbook has a written sexual harassment policy. Follow the steps it lays out to file a sexual harassment claim. It’s the first step in creating a case.

Quick Note. If your employee handbook states to file the policy with the individual you’re filing the case against, give it to the next person up the ladder.

Know That the Employer Must Investigate

Once you file a sexual harassment claim, your employer’s human resources department will most likely interview co-workers, the harasser and any witnesses you list on the claim. Because of this investigation, it is likely the harasser will figure out that you’re the one who reported it. While the employer might promise confidentiality, it’s gossip around the water cooler that’ll get the word out. It’s unfortunate, but likely true.

You’re Not Alone

In the end, it’s helpful to remember that you’re not alone. You’re not the first person to have to file a suit of this sort. Additionally, you’ll help pave the way for future employees who might otherwise be in a similar situation without you leading the way.

We Are the Attorneys for You

If you have you found yourself the victim of sexual harassment, call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or contact us today. The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest.

If you feel you’ve been terminated illegally, we can help. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of wrongful termination law. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.

With all the talk of sexual harassment in the media, usually surrounding celebrities or politicians, at times in can be confusing as to exactly what constitutes as sexual harassment punishable in the court of law. Questions can arise, such as:

• Is asking someone out on a date considered sexual harassment?
• Is telling someone they look pretty or handsome sexual harassment?
• If I tell someone their clothes look nice on them, is that considered sexual harassment?

The Equal Employment Opportunity Commission Lays It Out

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is unwanted sexual conduct or attention. Simply stated, by the EEOC:

“Unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”

To further clarify, Erin Matson, vice president of the National Organization for Women explains two different types of “unwelcome” sexual advance. They are:

1. Quid Pro Quo, which means, ‘do this or you won’t get work or a promotion.”
2. Creating a hostile work environment with an ongoing pattern of sexually suggestive comments.

The EEOC goes on to further explain:

“Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”

What If I Ask Someone Out on a Date?

According to the EEOC, asking someone out on a date once and being turned down is not considered sexual harassment, however continued, unwanted sexual advances could be considered sexual harassment.

We Are the Attorneys for You

Have you found yourself the victim of sexual harassment? The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest.

If you feel you’ve been terminated illegally, we can help. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of sexual harassment law. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.

Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or  Contact us today.

Your Loved Ones Deserve Care and Respect

Whether they’re battling health problems or not, your loved ones have persevered through life and deserve to be treated extremely well in their golden years. Unfortunately, especially while residing in a nursing home or care facility, their health and communication problems can cause them to be vulnerable to abuse.

Elderly abuse can occur in:

• Nursing Homes
• Assisted Living Homes
• Other Residential Facilities

You’ve put a lot of care and thought into selecting the best home for your retired loved one and it can be absolutely calamitous to learn your loved ones are being neglected, treated unfairly or even physically abused.

Different Types of Abuse

Abuse associated with the elderly does not only include physical abuse, but also:

• Fraud
• Financial Abuse*
• Emotional Abuse
• Sexual Abuse
• Identity Theft

*It’s important to note that financial abuse of the elderly is increasing. Con artists understand the elderly are an easy target. Often financial abuse comes from someone who you have placed in a position of trust.

Warning Signs

There are a lot of warning signs that you can look for if you have suspicions about the care your loved one is receiving, including, but not limited to:

• Unexplained Bed Sores
• Problems Financially
• Changes in Personality
• Unexpected Weight Loss
• Injuries
• Overmedication

We are the Attorneys for You

If you fear that your loved one has been abused, be proactive. Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or Contact us today.

The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of experience and success rate and are prepared to take your trial to court if it is in your best interest.

If you feel your loved one has been mistreated, we can help. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of wrongful termination law. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.

The term medical malpractice is a commonly heard phrase in this day and age, though, if you’ve never been involved in a medical malpractice suit, you might not know the definition of such an expression.

Medical Malpractice

When a medical professional is negligent with his or her healthcare, or treatment provided by a professional or provider was substandard and caused injury or even death, medical malpractice has occurred. Typically, in a medical malpractice case, the negligence is usually associated with the diagnosis, dosage of medicine, management of health or aftercare. Error in one or more of these areas is negligence. Thankfully, there are laws supporting medical malpractice. These laws provide a way for victims to gain compensation for harm resulting from their lack of professional treatment.

Example of Medical Malpractice

Let’s say you bring your daughter for a routine check up at your family practitioner to take a look at a deep gash your child sustained while playing outdoors. Your doctor rushes through the exam because his schedule was quite full that day. In haste, your doctor says your daughter will be fine and just to keep an eye on it.

Several days have passed, and the cut has become infected and increasingly painful. Upon a second opinion from another doctor, you find that several stiches and antibiotics should have been prescribed. Now, unfortunately, the deep cut has been infected and it’ll require several follow up treatments to ensure a safe recovery.

Your original doctor was negligent.

Elements to Negligence

Below you’ll find the elements to medical malpractice:

• Duty
  Once relationship between the doctor and physician has been established, it is the doctor’s responsibility to give the patient a certain duty of care.
• Breach
  The doctor is required to exercise reasonable care and treatment for his or her patient.
• Injury
  An injury, due to negligence, must be sustained.
• Damages
  The victim must suffer damages, whether economic or non-economic, because of the negligence.

We are the Attorneys for You

It’s important to understand that, while most personal injury lawyers claim to be trial attorneys, most of these types of cases are actually settled out of court. The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest.

The attorneys of Teal Montgomery have an in-depth knowledge of personal injury and medical malpractice law. We work to understand our cases in detail, including the experience of one of our attorneys who is also a physician. We maintain relationships with experts who help us build strong cases on your behalf.

Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or Contact us today.

The New England Journal of Medicine states that over 30 percent of all deliveries are by Cesarean section (more commonly known as “C-section.”) Though, C-sections are considered routine procedures, problems can occur. Even though most doctors are to identify and handle cesarean section complications, unfortunately there are documented complications involving this type of birthing option.

Cesarean Sections in Medical Malpractice Cases

Each year, medical malpractice suits account for hundreds of millions of dollars in settlement awards. Included in medical malpractice suits is physician malpractice, which is defined as an act of omission by a physician who fails to follow through with a standard duty of care, and as a result, unnecessarily harms the patient.

Physician malpractice associated with errors during cesarean sections is highly common. If you or your baby were injured because of above factors, it’s important to know you may file a claim against your doctor (and quite possibly the hospital) where you were cared for. You do need to meet four requirements, by law. Those burdens of proof are:

• You Were Owed a Duty by Your Doctor to Perform Your C-Section According to the Medical Standard of Care

• The Doctor’s Standard of Care, from the Birth of Your Child, Spiraled Downward

• Because of Negligence, You or Your Baby Were Harmed

• The Negligence was Directly Responsible for the injuries.

We Are the Attorneys for You

If you feel the victim of medical malpractice involving your C-section, contact us today. You want an attorney who knows far more about C-sections than your own physician. This gives us the advantage when handling your case. Additionally, we’ll consult with experienced physicians to offer you the best options for your situation.

The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of medical malpractice suits. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.

Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or contact us to speak to an attorney today.

Cerebral palsy, also referred to as CP, is an overarching term that refers to a group of disorders affecting an individual’s ability to move. Unfortunately, it is a permanent condition, however, it generally does not worsen over time. Cerebral palsy is due to damage to the developing brain either during pregnancy or shortly after birth.

People are affected differently by cerebral palsy, whether by affecting movement of body, muscle control and coordination, muscle tone, reflex, posture or balance. Additionally, those with cerebral palsy might have issues with eyesight, hearing, ability to learn, speech, epilepsy and intelligence.

Prenatal Care

It is important for women to get proper health care prior to conception, to be evaluated by their physician after conception, and to have early and continuous prenatal care throughout the pregnancy. A child being born prematurely may result in brain injury and subsequent cerebral palsy. If you are pregnant, the following steps can help prevent premature births:

• Reducing exposure to viruses and other infections
• Recognize and treat bacterial infection of the urinary tracts
• Avoiding unnecessary exposure to X-rays
• Control maternal health problems such as diabetes, anemia and hypertension

Reducing Risk of Head Injury

Because cerebral palsy is caused by brain injury, it makes sense that trauma to the head should be avoided, especially when pertaining to babies. It’s imperative to ensure optimal safety for your newborn baby. Often, the baby’s head can be harmed during labor. It’s imperative to note that proper care is being taken during the birthing process.

We Are the Attorneys for You

If you feel medical negligence has taken place regarding your birthing experience, or worse, that your child is suffering from cerebral palsy due to medical malpractice, we can help.

The attorneys of Teal Montgomery have the significant experience you need, both in the courtroom and out. We can show you the results to back up our claims of trial attorney and are prepared to take your trial to case if it is in your best interest. We’ll walk you through the details of your case, help you organize your thoughts and explain your options. The attorneys of Teal Montgomery have an in-depth knowledge of medical malpractice suits. We work to understand our cases in detail. We maintain relationships with experts who help us build strong cases on your behalf.

Call 707-525-1212 (Santa Rosa Office) or 916-448-1010 (Sacramento Office) or contact us to speak to an attorney today.

“How long am I going to be able to work in my field?” “How long before my position is take and given to a younger version of me?” “Am I viewed differently and less effective due to my age?” “Will I be overlooked for promotions?” Many professionals ask questions like these after reaching the age of 50-55. Some of these questions are well founded. Ageism does exist and is there a way to fight against it? Ageism is a form of discrimination and prejudice particularly based on a person’s age. Age discrimination (or ageism) is not typically recognized by the court until the age of 40.

With the rate of unemployed Americans increasing, the competition for obtaining jobs and maintaining jobs has become more evident. In the past it was an advantage to be loyal to a company or an organization and to “grow” with the company. Many companies, in fact, rewarded longevity in employees by bonuses after reaching certain employment anniversaries.

Seniority was a term of prestige and respect, an earned badge of loyalty. However, in today’s society that is no longer the case. Often regardless of the experience, performance qualifications, and longevity of employment within a company a person can still be wrongfully terminated based on their age. Sometimes age is only a result of acquiring attributes as such listed above and with those come a higher cost of compensation.

With more experience, and the qualifications of the job and older person can often require a higher paying salary. However, companies can higher a younger person that is right out of school and pay them a lot less money to do the same job.

If you feel that you have been wrongfully terminated because of your age, contact the Teal & Montgomery employment lawyers to evaluate your case. Call Santa Rosa Office: 707-525-1212 or Sacramento Office: 916-448-1010 for a free consultation today.