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Tahmazian Law Firm, P.C. Tahmazian Law Firm, P.C.
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glendale personal injury lawyerRarely is a car accident 100% the fault of one individual. While there are certainly some cases where the blame is clearly only on one driver, it is more common for multiple drivers to have contributed to the accident in some way. Luckily, in California, you may still be able to recover from a car accident even if you are partially responsible. California law is more laid back compared to many other states in this regard. California uses what is known as the pure comparative negligence system, which generally allows people to win compensation proportionate to their share of fault. 

Dividing blame in a car accident can be technically and legally challenging. It is important to consult an attorney before attempting to bring a claim for a motor vehicle accident you may be assigned some level of fault for. 

What Does Pure Comparative Negligence Mean in California?

The pure comparative negligence rule in California means that people who were hurt in an accident can be permitted to recover damages for whatever portion of the accident was not their fault. For example, if you are 50% at fault for your injuries, you can recover 50% of what you would have if the blame had been 100% on the other driver. 

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b2ap3_thumbnail_shutterstock_140996341.jpgPrescription drugs are only available by doctor’s order for a reason - they can be dangerous if not used correctly. Patients rely on their medical providers to provide them with the correct prescriptions to treat their conditions while doing the least harm possible. Unfortunately, when mistakes are made regarding prescription medications, the consequences can be severe. Some patients may suffer serious harm, including wrongful death as a result of these careless mistakes. In some cases, these errors can amount to medical malpractice. If you or a loved one have been harmed due to a prescription drug error, it is best to contact an attorney as soon as you become aware. 

What Prescription Drug Mistakes Put Patients in Danger?

Taking your prescription medications exactly as your doctor has instructed is typically good advice. Doctors and nurse practitioners are held to a high standard of care in treating patients and should avoid certain mistakes. However, if your doctor has made a serious mistake, then following his instructions could put you in danger. You may be able to bring a claim against your prescriber in these circumstances: 

  • Allergies - If your prescriber should have known about your allergy and prescribed you a medication that you reacted to anyway, she may be liable. Allergic reactions vary significantly in severity, but the most serious reactions can quickly result in death. 

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California car accident lawyerRight after a car crash, it may feel as if there are an overwhelming number of things you need to do. Seeking emergency medical care where needed is always the first priority, but much needs to happen after an accident. You will need to exchange information with the other driver, flag down witnesses, take pictures, and perhaps more importantly, file a police report. Calling the police from the accident scene and having them come take a report builds valuable evidence that can be used to prove your claim later. Your next step would be contacting an attorney. 

Why Should I File a Police Report After a Car Accident?

A police report creates an objective account of the accident from a neutral, third-party viewpoint. This valuable record can later be used as evidence to prove who and what caused the crash. It is critical that you do not skip this step. Reasons to file a police report after a crash include: 

  • Mandatory - If the accident caused injury or death, you are legally required to report it within 24 hours. For crashes that caused property damage over $1,000, you have ten days to report it. It is inadvisable to wait that long, however. If you can, call the police while you are still on the side of the road so they can observe the accident scene close to the time it happened. 

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Posted on in Personal Injury

b2ap3_thumbnail_shutterstock_505011655-min.jpgHospitals are supposed to be safe places where people go to get better. Unfortunately, some inpatients wind up in worse shape after they are injured in a fall. People fall in hospitals for a variety of reasons, ranging from medication to physical therapy equipment failure. Many of these falls can be prevented by a careful hospital. Some causes of falls fall under premises liability, but others can amount to medical malpractice if the fall was directly related to the patient’s care. The law there is nuanced, and a lawyer will need to evaluate the facts of your case. Either way, if the hospital’s carelessness caused your fall, you may be entitled to receive compensation. 

What Are Some Common Causes of Preventable Falls in Hospitals?

Sadly, the patients who are most vulnerable and most likely to suffer serious injury from a simple fall tend to be the most likely to fall. Elderly patients are at particularly high risk of being admitted to a hospital and then suffering a major injury, like a broken hip, after falling. Reasons patients may fall include: 

  • Lack of precaution - When patients are at risk of falling due to age, medication, injury, or other medical issues affecting balance and gait, hospitals should use appropriate precautions to prevent that patient from actually falling. Appropriate precautions may include bed alarms, bed rails, not allowing the patient to walk without assistance, or making sure an assistive device like a walker is within reach. Call lights should also be kept within reach, as patients may fall out of bed struggling to reach them. 

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los angeles medical malpractice lawyerWhen you agree to have a surgical procedure, you are putting a lot of trust in the doctor who recommended the procedure. In most cases, this trust is well-placed. The vast majority of doctors will not tell a patient they need surgery unless that is really the case. Unfortunately, there are some unscrupulous surgeons out there who will perform surgeries that are not medically called for. This may be accidental, or it may be done purposely for profit. Either way, it is extremely dangerous and can amount to medical malpractice

No surgery comes without risks, so performing one without a compelling medical reason puts patients in harm’s way. If you had surgery done and are now unsure that it was needed, you should speak to a medical malpractice attorney to see whether you might have a claim. 

What Are the Risks of Unnecessary Surgery? 

An ethical doctor will balance the risks and benefits of a surgical procedure to determine whether having surgery is in the patient’s best interest. If there is no real medical benefit to the surgery, it should not be performed, period. Risks of needless surgery include: 

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california nursing home abuse lawyerMany Californians trust nursing homes to care for their elderly family members professionally. It is always tragic when a nursing home resident faces any kind of abuse. The dangers of physical abuse or neglect are clear, but verbal abuse is less understood. More elderly persons in nursing homes face verbal abuse than outright physical abuse, and verbal abuse can lead to physical dangers. If you suspect that your loved one is being verbally abused in a nursing home, you should contact an attorney as quickly. An attorney may be able to help you get your loved one to a safer situation and recover financial compensation. 

What Counts as Verbal Abuse of a Nursing Home Resident? 

Verbal abuse coming from a caregiver at a nursing home can be particularly damaging because the caregiver is in a position of authority, and the resident is in a position of reliance. What counts as verbal abuse includes: 

  • Yelling or shouting - Staff should not raise their voices at elderly residents. 

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glendale injury lawyerNursing homes and other long-term care facilities have a monumental responsibility: They keep our parents, grandparents, aunts, uncles, and other loved ones safe. Unfortunately, some nursing homes do not meet the high expectations required of them. One way that nursing homes fall short is not properly supervising residents. Nursing home residents, especially those with cognitive decline, can be severely or fatally injured when they wander into unsafe areas or elope from the property.  Nursing home residents and their loved ones may be able to hold a negligent nursing home responsible through a nursing home lawsuit.

Nursing Home Neglect Can Be Fatal

Nursing home abuse, including physical violence against a resident, often receives the lion’s share of news coverage and attention. However, nursing home neglect is often just as harmful as abuse. In many cases, nursing home neglect is fatal. Nursing home staff have a duty to supervise residents and keep track of their whereabouts. When nursing home residents are not properly supervised, they can wander into dangerous areas or become lost. Wandering and elopement can lead to terrible injuries and fatalities.

Residents With Dementia Are at High Risk

Alzheimer’s disease and other forms of dementia are common in nursing homes. Residents suffering from dementia may not recognize that they are in danger until it is too late. They may wander into the kitchen area and burn themselves or accidentally become trapped in a supply closet full of cleaners and other toxic chemicals. The resident may be left suffering in pain for hours before staff finds them.

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glendale injury lawyerThe Takata airbag issue has been going on for more than a decade. At issue are the airbag inflators that contain ammonium nitrate propellant. Although evidence has shown that the company knew of the dangerous issues associated with their airbags as early as 2000, the first recall did not occur until November 2008, when Honda recalled 4,000 vehicles because of reports they received of airbags erupting. In May 2009, a Honda driver was killed when his airbag erupted, prompting the automaker to recall more than half a million vehicles just days later.

Since then, 67 million airbags from more than 42 million vehicles have been recalled because of defective Takata airbags. Since that first recall, more than 25 victims have been killed and more than 400 injured because of exploding airbags. The recalls have been done in waves - every couple of years, more vehicles are recalled.

Earlier this month, the National Highway Traffic Safety Administration (NHTSA) announced they are opening an investigation into an additional 30 million vehicles manufactured by almost two dozen automakers that potentially have defective Takata airbag inflators.

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b2ap3_thumbnail_shutterstock_561396721-min.jpgA little less than half of California residents rent their homes or apartments. Although many people choose to rent due to the costs of owning a home, renting can also be expensive. In fact, California has some of the highest rents in the country, responsible for seven out of the top ten expensive cities to rent in the United States. Many residents are considered rent-burdened, with 30 percent or more of their monthly income going to pay their rent. California does have a rent control law that some renters are fortunate enough to benefit from, but as a recent lawsuit shows, the law can frustrate landlords required to obey the law, and this can cause a great many landlord/tenant disputes.

San Francisco Lawsuit

The lawsuit involved a couple renting an apartment in San Francisco. The city has some of the highest rents in the state, with the rent for a two-bedroom apartment averaging $3,500. The couple filed the lawsuit in May 2015, accusing their landlord of subjecting them to months of harassment and erratic behavior. The landlord had purchased the property about a year before the lawsuit was filed.

According to the details of the lawsuit, the husband originally moved into the building in 1994. The two-bedroom apartment was under rent control, so this meant the rent could only be raised 1.5 percent each year. While the husband’s rent had only increased about 30 percent over the past 25 years, San Francisco’s rental average for a two-bedroom has increased more than 250 percent.

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glendale car crash lawyerUnder California law, when a person is injured in a car accident caused by a drunk driver, that driver is legally liable for any losses the victim suffers because of those injuries. These losses can include medical expenses, lost wages if the victim was unable to work while they recovered, pain and suffering, emotional anguish, and more. Tennessee’s “dram shop” law also provides another avenue of financial justice for victims of drunk driving accidents: the right to sue the source of where the drunk driver obtained the alcohol that caused their intoxication.

California’s Dram Shop Law

The majority of states in the U.S. have passed some form of dram shop law. The word “dram” originated in the 18th century by the British and referred to a measurement of a three-quarter teaspoon of alcohol.

Under most dram shop laws, any vendor that sells alcohol falls under the dram shop law. This includes restaurants and bars, but can also include liquor stores, grocery stores, convenience stores, and gas stations. A drunk driving accident victim can bring a dram shop claim against a vendor if they can show that the vendor sold alcohol to a person who was “visibly intoxicated,” and the driver’s alcohol consumption was a direct cause of the accident that caused the injury.

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medical malpractice lawyerPeople trust that the medical professionals they go to for care and treatment will do their utmost to ensure the safety and welfare of their patients. Unfortunately, preventable medical errors have now become a leading cause of death, responsible for at least a quarter of a million deaths in the U.S. each year.

In order to protect the public from negligent doctors and other medical professionals, each state has a medical board that is supposed to take action against doctors who are negligent or reckless in treating patients. However, a recent investigation by the LA Times has uncovered numerous cases where doctors still have the blessings of the Medical Board of California to practice, despite multiple cases of gross negligence causing injuries and deaths of their patients.

Medical Board of California Investigation

On the Medical Board’s website, the agency’s says its mission is to protect patients through “licensing and regulation of physicians and surgeons and certain allied health care professionals and the vigorous, objective enforcement of the Medical Practice Act, and to promote access to quality medical care through the Board's licensing and regulatory functions.”

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CA malpractice lawyerAs a society, we tend to put a substantial amount of trust in our health care providers. Unfortunately, human error still occurs even in the most severe of cases, such as cancer. Serious delays and misdiagnoses can lead to a hindrance in both treatment and recovery. If you have suffered from this sort of medical negligence, an LA County medical malpractice attorney can aid in holding the right people accountable and acquiring the deserved compensation.

Different forms of cancer can be incredibly unique, however, early detection and diagnosis are vital to fighting the disease. Tragically, this type of malpractice is becoming more common around the world.

How Does a Cancer Misdiagnosis Occur?

The root of delayed missed diagnoses is often varied and hard to track. Oftentimes, patients travel to and from different locations to complete tests and treatments allowing for higher chances of miscommunication and incorrect findings. Additionally, because of the high pressures doctors often face, solutions and diagnoses tend to be rushed.

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CA accident lawyerThe trucking industry has faced driver shortages for years, but recently, this demand has become an even more pressing matter. The COVID-19 pandemic and the surge in demand for delivery have left many trucking companies scrambling to meet consumer demands. When truck drivers are under pressure to deliver goods faster, they can sometimes make mistakes behind the wheel that lead to truck collisions. Whether due to unsecured truck cargo, speeding, fatigued driving, or other reasons, truck crashes often have devastating consequences. If you or a loved one were injured in a truck crash, a truck accident lawyer can help you determine who may be liable for your medical bills and other damages.

Determining Legal Responsibility for a Truck Accident

Identifying who is at fault in a truck accident can be complex. In many truck crashes, multiple factors contribute to the collision. The actions of the truck driver and the other drivers on the road, the weather road conditions, issues with the truck itself, and many other factors can all result in a serious truck accident. Understanding how and why a truck crash occurred is the first step in determining liability.

The party who is legally responsible for damages caused in a truck crash may be the:

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California personal injury attorneysThere are many forms of negligence by drivers that can cause car accidents. Among these, distracted driving is one of the most common. Even though there are laws prohibiting drivers from using electronic devices or engaging in other activities that distract them from the act of driving, many people disregard these laws out of the belief that they can drive safely while multitasking. Drivers in California will want to understand the specific laws that address distracted driving. Those who have been injured in a motor vehicle collision will need to work with an attorney to determine how they can hold a negligent driver responsible for their damages.

California Laws Regarding Electronic Devices

Drivers in California are prohibited from using handheld cell phones or other electronic devices while they are in control of a vehicle. However, drivers are allowed to use a device in hands-free mode, including having phone conversations through their car’s speakers or Bluetooth devices or using voice-activated commands. Drivers who are under the age of 18 are prohibited from using electronic devices in any way while behind the wheel.

Typically, drivers who violate the law by making calls while holding a cell phone, texting while driving, manually dialing a phone, looking up information, browsing the internet, or otherwise operating an electronic device may be charged with traffic violations, which will usually result in a fine. However, as of July 1, 2021, violations involving electronic devices will also add points to a driver’s record, and multiple traffic violations could lead to the suspension of a driver’s license.

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