San Diego Injury Law Blog

Real estate agents who defrauded a single mom trying to rent a home in a good school district thought they had it all figured out. They wouldn't tell the woman the house they would rent her was in foreclosure; they would make her thing she is getting a good deal, offer her a detailed lease, get first month's rent and a deposit, and then bail with the money – leaving her and her son in a real estate mess. The problem is they picked the wrong mom.

Linda Smith thought she had found the perfect house for rent on Craigslist. It was in a good Carlsbad neighborhood on Adams Street, there was a good school for her son, and the price was excellent. Because the competition for the house seemed fierce, she was aggressive in pursuing the deal, withdrawing most of her savings to apply to first month's rent and a security deposit. When she was selected, the listing agents went over the lease with her in detail then gave her three sets of keys. She was ecstatic.

There was a problem though: the house was in foreclosure. When she learned this she was devastated and immediately called the police to file a report. But police were not optimistic she would see her money again. No doubt very angry, Ms. Smith when back on Craigslist and found a similar looking ad to the one she responded, but for a different house. She posted a warning listing on Craigslist, and was contacted by another prospective renter/victim, who was going to meet the same agents at a different house. Ms. Smith called the police, who showed up at the meeting instead. Sure enough, it was the same real estate agents who defrauded Ms. Smith. Police arrested both of the men, who are now being prosecuted, and face up to eight years in prison.

We applaud Ms. Smith for being proactive and essentially solving her own crime. No doubt her efforts prevented other unsuspecting renters from being victimized in this difficult real estate market.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Real Estate

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Four area hospitals have received $25,000 fines for serious mistakes that state investigators allege have caused serious injury and death. The mistakes include. (1) the use of a malfunctioning anesthesia machine at Pomerado Hospital, causing patients to be partially awake during surgery, (2) allowing a patient to fall off an operating room table during surgery at Scripps Green Hospital, (3) permitting an individual with a revoked nursing license to treat patients at Promise Hospital’s skilled nursing facility, and (4) the failure to turn on a ventilator at Sharp Grossmont, which caused a patient to die.

In the matter of the malfunctioning anesthesia machine, an injured patient told the San Diego Union Tribune that she “felt cutting, smelled burning, felt intense pulling down and towards (my) right side...I could feel the tears coming down my cheek . . . why didn't they see my tears? I tried to talk . . . the pain was horrendous.”

Of course, most people don't realize that few of the victims will receive justice for the medical negligence that caused their suffering. California's MICRA law restricts the recovery of non-economic damages (e.g. pain, suffering, disabling, embarrassment, etc.) to $250,000.00. Under no circumstances can any victim who is injured, maimed, or killed by a health care provider in California receive more.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice , Professional Negligence

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If you have a personal injury matter, whether it's an auto accident, motorcycle accident, dog bite or wrongful death, do NOT wait to contact an attorney. A woman recently contacted Walton Barber LLP about a bad car accident she had been involved in back in 2006. For a variety of reasons (long treatment of her injuries, changing jobs, etc.) she did not contact us until after the statute of limitations had expired. In California, most personal injury lawsuits must be filed within two-years of the date of the accident. As she had failed to resolve her claim or file a lawsuit within the two-year period, the woman was, unfortunately, out of luck.

The moral: If you're involved in a personal injury matter, contact a lawyer sooner rather than later. Even if it turns out you don't need a lawyer, you'll at least get an idea what hurdles you face and know when you'll need to resolve your claim or file a lawsuit.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Personal Injury

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The hit-and-driver that nearly killed Leslie Nunez has never been held accountable for the devastating injuries she wrought upon Leslie and her friend last year in Pacific Beach. Exactly one year ago, Leslie and her friends were walking to a restaurant in PB when they crossed Grand Avenue near Cass Street and were hit by a Nissan Maxima. Leslie suffered severe personal injuries, including head injuries and broken bones requiring surgery. The driver just took off.

Now Leslie needs your help to find the bad guy, and is offering her own money to boost the San Diego Crimestoppers reward up to $2500 for information that leads to the identification of the negligent driver. The accident occurred on August 10, 2007 at 9:40 p.m. in Pacific Beach. Witnesses say there were two women in the car, which may have been customized with specialty rims and tinted windows. Leslie still has over $200,000 in medical bills. Anyone with helpful information about this hit-and-run crash should call (888) 580-TIPS or go to the Crimestoppers website.

Walton Barber LLP is a personal injury law firm that represents clients throughout San Diego County. Contingency fee arrangements available, and consultations are always free.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury , San Diego Personal Injury

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Sharp Grossmont Hospital is under investigation after an anonymous tipster told officials that the recent death of a patient was not due to natural causes but because of medical malpractice. Harvey Houtkin, a successful author, died on July 25th after what was considered uneventful surgery on his tonsils. The cause of death was listed as natural until a physician anonymously told investigators that Mr. Houtkin died after his breathing tube became dislodged, blocked his airway, and no one noticed. The San Diego Union Tribune reported that:

No staff member had noticed quickly enough that Houtkin had turned blue, the doctor said, and efforts to save him came too late. What ensued was a very messy scene where the anesthesiologists could not reintubate the patient and the surgeon could not establish an opening in the windpipe, the physician said.

The hospital, of course, is denying this.

But recent events at this hospital make is sound more like some third-world health facility, not a state-of-the-art hospital in the orbit of America's Finest City. During two state inspections last spring investigators found numerous deficiencies, including poorly trained nurses, improper use of restraints, an old operating room mattress (held together with tape and glue), and other problems. They also discovered three deaths that they deemed were preventable.

Sharp Grossmont Hospital is now at risk of losing federal funding.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice , Professional Negligence

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Two San Diego pedestrians died yesterday after being struck by cars in separate incidents. The first was in North Park, where a 20-year-old pedestrian suffered major head injuries and died after being struck on University Avenue. The other occurred in Paradise Hills, where a pedestrian was hit near Sky Harbor Road.

According to the National Highway Traffic Safety Administration a pedestrian is struck and injured every eight minutes in the United States, and killed every 111 minutes. A large majority of pedestrian accidents occur in urban areas, at non-intersection locations, and in normal weather conditions.

Nearly half of all pedestrian accidents occur in the afternoon, and children and the elderly are typically at a greater risk of being injured in a pedestrian accident. Many of these incidents are the result of negligent or reckless drivers.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury

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The U.S. Agency for Healthcare Research and Quality announced the results of a study that finds preventable mistakes that occur during and after surgery would save countless lives, and save approximately $1.5 billion per year.

According to the study, medical insurance companies paid 52% more for surgical patients who suffered acute respiratory distress post-surgery, and 48% more for post-surgical infections, compared to patients who did not experience those complications. In addition, the study found that nursing care associated with medical errors, including bed sores and hip fractures, caused an increase in costs of 33%.

Most stunning is the study's finding that one of every 10 patients who died within 90 days of surgery did so as a result of medical malpractice.

Some tips to follow to avoid medical mistakes. If you have a choice in which hospital to have a procedure performed, choose one with a lot of experience with your condition. In addition, prior to surgery make sure that you, your doctor, and your surgeon are clear on exactly what procedure is going to be performed.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice

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While we expect spice when we bite into a jalapeno, we certainly don't expect salmonella food poisoning. However, the FDA announced yesterday that a jalapeno pepper from Mexico and imported through Texas have tested positive for the same strain of the salmonella virus that has sickened thousands and killed two across the United States.

Although the FDA has not yet determined the source of the outbreak, they are currently recommending that consumers avoid eating fresh jalapeno peppers or products, such as salsa, made with them. That's of little comfort to me, and many others I suspect, as I've eaten a lot of salsa in the past couple of weeks.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Defective Products

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Studies show that hundreds of deaths and injuries on the highway each are caused by truck drivers suffering from medical problems behind the wheel. The Federal Motor Carrier Safety Administration admits that it hasn't implemented any of the eight recommendations regulators proposed in 2001. The number of trucking crashes has been described as a "major public safety problem," and impacts drivers in every state.

The leading cause of serious accidents by large trucks occurred where drivers fell asleep, suffered heart attacks or seizures, or otherwise became impaired because of a medical condition. The FMCSA medical oversight board states that trucking accidents are one of the biggest causes of occupational death in the US, and is urging more doctors visits for truck drivers.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Trucking Accidents

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One of the most frequent questions Walton Barber gets from potential clients is, "Do I need a lawyer?" While there is no set answer, here are some general guidelines. You probably need a lawyer if:

1) You need more than one doctor visit to treat your injuries. Generally, if your injuries are such that you require two or more doctor visits or physical therapy, in addition to incurring medical bills, you are going to miss some work. When the bills start mounting and medical insurance gets involved, you probably need a lawyer.;
2) You're in a car accident and your vehicle sustains over $1,000 in damage. Generally, the higher the amount of damage to the car, the higher the forces transferred to the occupants. Of course there are exceptions to this so the amount of damage to a vehicle alone is not a determinative factor.; or
3) The other party denies responsibility for the accident. If the other party was at fault but denies it, you will definitely need an attorney as their insurance will likely not settle without a fight.

If you've been in an accident which meets one or more of the three criteria above, please do not hesitate to contact Walton Barber for a confidential and free consultation. If you're going to need a lawyer, it's better to get them involved earlier rather than later.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

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According to the Environmental Protection Agency (EPA), the value of the average American life has declined $1 million in the past five years and is now worth just $6.9 million.

Unlike the calculations made in wrongful death lawsuits, the calculations made by the EPA are based upon how much individuals are willing to pay to avoid risk and how much more employers must pay workers to encounter certain risks in their jobs. In California wrongful death lawsuits, the value of the case is dependent upon a number of factors including the deceased's earning capacity and the loss of the care, comfort, solace and society of the decedent.

The concern over the devaluation, moral questions notwithstanding, is that government agencies use this figure when enacting regulations designed to prevent various harms. Traditionally, a cost benefit analysis is done to determine whether the cost of enforcing a regulation is worth the benefit of saving lives.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Personal Injury

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A decline in auto accident deaths may be attributed to the increase in fuel prices, a new study shows. The report was released last month at a meeting of the American Society of Health Economists.

The study found that for every 10% increase in gas prices, there was a 2.3% decline in automobile accident fatalities. Surprisingly, there was a greater decrease in accident deaths for drivers ages 15 - 17, which was 6%, than for drivers 18-20, which was 2.3%. The auto death statistics were acquired from the National Highway Safety Administration.

The study's authors believe that the number of auto-related deaths will decrease by 1,000 each month that gas prices continue to rise. There are approximately 40,000 deaths every year resulting from car crashes.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury

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