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San Jose Medical Malpractice Blog


San Jose medical malpractice arbitration attorney, medical malpractice, arbitration, medical negligence, Kaiser PermanenteKaiser Permanente is the largest managed healthcare organization in the United States. HMO members must utilize Kaiser Foundation Hospitals and doctors within Permanente Medical Groups. Being limited to the organization has both advantages and disadvantages. Kaiser Permanente’s 11.7 million customers are privy to 208,975 employees, 21,275 physicians, 54,072 nurses, 39 medical centers, and 720 medical facilities, all of which receive excellent reviews consistently. Unfortunately, should a patient experience medical malpractice, his or her compensation options are limited solely to arbitration.

Arbitration vs. Trial

Most California residents have the opportunity for their case to be heard by a jury of their peers in a trial. Typically, the judge and the jury listen to both sides of the argument, the judge informs the jury members of the laws, and the jury members then determine whether or not the medical provider behaved negligently. If they find negligence, the jury also decides how much to award the claimant. Unfortunately, Kaiser Permanente requires a binding legal agreement that requires all malpractice concerns be settled through the arbitration process. In arbitration, one neutral arbitrator will hear both sides of the case and determine the outcome, rather than a jury.

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San Jose, CA medication error lawyer, teething product recall, FDA recall, teething medications, popular teething productsInfants grow at an exceptional rate within the first couple years of life, and their teeth are no exception. Unfortunately, popping teeth through fresh gums is no easy feat, and it leaves many babies with fevers, runny noses, and earaches—and parents with never-ending sleepless nights. For many years, doctors and pharmacists alike quickly suggested the use of over-the-counter teething relief aids. However, many parents will want to find alternative remedies for their struggles as the FDA just issued a severe warning for many popular teething medications.

FDA Warning

The FDA now vigorously warns consumers not to use over-the-counter teething medications containing benzocaine for their children. They also sent letters to manufacturers, asking them to stop producing the medicines altogether, warning that if they fail to do so, they will take regulatory measures to have them forcefully removed from store shelves.

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San Jose hospital malpractice attorney, infant abduction, hospital negligence, infant abduction case, hospital malpracticeIt is known as one of the unthinkable crimes, yet infant abduction happens at a horrifying rate. Statistics of newborn abductions indicate that approximately half occur at hospitals. One in every four kidnappings occurs in a patient's private room. Many facilities have safety and prevention strategies to reduce these numbers. If the unthinkable does happen, who is at fault?

Is the Hospital Negligent?

In most cases, the kidnapper is a woman, aged 17 to 33, is dressed in scrubs, and has visited the hospital recently. This FBI profile matches nearly 98 percent of all newborn kidnappers. Staff members should be aware of their surroundings and anyone who looks out of place, especially if they match that profile.

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Santa Clara County prescription malpractice attorney, prescribing opioids, prescription medication addiction, drug-related deaths, opioid dependenceThe use of drugs has surpassed car accidents as the number one cause of accidental deaths in some states. In Ohio alone, prescription opioids are linked to more than half of the drug overdoses reported.

For years, government officials have made public pleas to the medical industry to utilize alternative options for pain relief rather than merely prescribing an addictive pain reliever. Unfortunately, sales statistics of pain relievers continue increasing, as do drug-related deaths.

If doctors know there is a problem, but they prescribe the medications anyway, can they be held responsible if their patients become addicted?

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San Jose defective medical device attorney, cardiac defibrillators recalled,  heart attack patient, defective medical device, medical device recallCardiac defibrillators are life-saving devices for many individuals who have no other alternative. Implantable defibrillators work similarly to Automated External Defibrillators (AED) which aid in CPR and other rescue procedures. When a patient’s heart rate begins pulsing at a low and unhealthy rate, the implanted device delivers a shock to the heart, forcing it back into a regular rhythm.

Studies show that nearly 100,000 patients undergo the $35,000 procedure annually and that a large percentage of these were unnecessary. Unfortunately, many of these devices were also recalled, yet doctor’s continued to utilize the malfunctioning equipment.

Unnecessary Risk

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Corsiglia McMahon & Allard, L.L.P.

96 N. 3rd Street, Suite 620
San Jose, CA 95112

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