Author Archives: Jay Butchko
Governor Signs Bill Changing Rules for Medical Malpractice
In May of 2023, Governor Newsom signed AB 35, a piece of legislation that modernized how medical malpractice lawsuits are litigated in the State of California. The bill was supported by entities on both sides of the debate. The new law makes two significant changes to MICRA (the Medical Injury Compensation Reform Act) which… Read More »
Lawsuit Settles for $2M after Claims that Employer Allowed Drunk Employee to Drive
This case involves two employees who were injured in a motor vehicle accident caused by one employee who was drunk at the time of the accident. The passenger in the vehicle filed a claim on her employer’s general liability policy after suffering traumatic brain injuries in the accident. On the day of the accident,… Read More »
Former Mayor’s Family Files Wrongful Death Lawsuit Against Transportation Company
A wrongful death lawsuit has been filed against a transportation company that transports disabled residents to doctor appointments. The victim is a former mayor who suffered injuries en route to a hearing aid appointment. According to the lawsuit, the decedent was a former military veteran who had an appointment for a hearing aid with… Read More »
Family of Man Killed in Car Accident Involving High-Speed Police Chase Files Wrongful Death Lawsuit Against Oakland PD
The family of a man allegedly killed in a high-speed police chase has filed a wrongful death lawsuit against Oakland P.D. in federal court, according to a recent news article. The incident begs the question: should police have been pursuing the vehicle at high speed on public roadways? According to the plaintiffs, the pursuit… Read More »
How Does Liability Work for Toxic Torts?
Under California law, a tort is a legal wrongdoing that causes financial, physical, or other harm to someone, giving the victim the right to seek damages for the losses that result. There are many types of torts, including traffic crashes, slip and falls, and medical malpractice, as well as a specific class termed toxic… Read More »
Facts About Use of Physical Restraints in California
When someone with a mental or emotional disorder is having an outburst, the priority goal is to prevent them from hurting themselves and others. In some assisted living settings, providers accomplish this goal through use of physical restraints. However, California regulations on restraints and seclusion are extremely restrictive regarding the situations they may be… Read More »
Diffuse Axonal Injury (DAI) from Accidents
Your head is always vulnerable in an accident because of its weight and unstable position atop your neck, as well as the fact that it is protecting a very important organ. The brain is exposed to significant trauma in a violent impact, leading to traumatic brain injury (TBI). One specific type is Diffuse Axonal… Read More »
What is Included with Maintenance and Cure After a Maritime Accident?
There are some terms associated with workplace accidents that you may recognize, such as lost wages, total and partial disability, and death benefits. However, if you work in the maritime industry and suffered injuries in an accident, there is one that may not be so familiar. Maintenance and cure. The concept comes from common… Read More »
Prepare Your Teen on What to do After a Pedestrian Accident in California
Parents wish to be at their child’s side at all times, but you know that teens will be venturing out and gaining independence as they grow older. When they do, their most common form of transportation around Oakland will likely be walking. While it is mostly safe to get around on foot, teens are… Read More »
How Long Do I Have to File a Birth Injury Suit for Cerebral Palsy in California?
It is devastating to learn that your child developed cerebral palsy at some point during pregnancy or delivery, but this scenario is more common than you expect. The US Centers for Disease Control and Prevention (CDC) reports that around 1 in 345 children in the US have been diagnosed with cerebral palsy. Currently, there… Read More »