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Medical Malpractice

Medical Malpractice

Our medical malpractice attorneys at Tyson & Mendes have substantial experience defending professional healthcare providers, ancillary staff, and facilities against claims and lawsuits brought about by the question of whether or not negligence or deviation for the applicable standard of care has occurred. We work closely with healthcare risk management departments to identify high-risk practices, institute changes in appropriate policies, and conduct educational in-service programs to limit risk.

We partner with medical professional clients to actively defend medical malpractice litigation. Our attorneys have aggressively attacked pleadings and filed motions for summary judgment/adjudication with impressive success. We have also obtained judgments and dismissals in favor of our professional clients. Our attorneys work to resolve litigation in the most efficient manner. When early resolution is not possible, the firm provides medical professional clients the best representation in the industry through trial. Our extensive network of specialists enables us to conduct comprehensive reviews of medical files and relevant medical research, to select and retain appropriate and effective expert witnesses and consultants, and to conduct all phases of litigation, trial, and appellate work.

Medical Malpractice Articles:

Jury Finds L.A. Physician Not Liable in $1.7 Million Medical Malpractice Trial

November 5, 2018 3:17pm
LOS ANGELES (Nov. 2, 2018) – After a 3-week trial, a California Superior Court jury in San Bernardino has found a physician in Upland, Calif. not liable in a $1.7 million medical malpractice case. Tyson & Mendes attorney Susan Oliver represented Dr. Mark L. Alwan in the high stakes case, which alleged wrongful death and professional negligence.

National Deaf Academy, LLC v. Townes: Medical Malpractice Claims Made Murkier

Author: Allison Lawrence | July 9, 2018 9:00am
Florida courts have grappled with the issue of whether or not claims for quasi-medical injuries occurring in a hospital, medical clinic, or physician’s office, automatically fall under the regulations of Florida’s medical malpractice statutes, or should be brought as ordinary negligence claims. Likewise, plaintiffs claiming damages resulting from these quasi-medical injuries were torn between filing claims under the purview of medical malpractice statutes, or simply filing claims asserting ordinary negligence. Does the classification make any difference? The short answer is, yes.

California Case Law Updates

Author: Emily Berman | May 31, 2018 10:49am
Products Liability-Record $70 Million Punitive Damage Award Pending Appeal Kuhlmann et al. v. Ethicon Endo-Surgery Appellate Case No. A147945, Court of Appeal, First District A record high $70 million punitive damages verdict against Johnson & Johnson in a lawsuit over a defective surgery stapler is up on appeal.  Johnson & Johnson contends the evidence does not support the jury’s finding  the stapler manufacturer acted with malice. If the verdict is allowed to stand, it will be the highest punitive award affirmed by a California court. Johnson & Johnson’s attorneys claim the amount is excessive, as it far exceeds what courts have approved for cases involving far more reprehensible alleged misconduct, such as harm caused by asbestos or the tobacco industry.

California Case Law Updates

Author: Emily Berman | April 3, 2018 3:41pm
Coalition Against Distracted Driving et al. v. Apple Inc. et al.[1] In this appeal recently brought before the Second Appellate District (downtown Los Angeles), appellant urged the Court to revive a suit in he and a coalition brought against Apple, Google, Samsung and Microsoft. In that suit, it was alleged these tech giants should be required to warn consumers about the dangers of using smartphones while driving.  Plaintiffs argued the four tech companies must apply warning labels regarding the dangers of distracted driving to their products.  The trial court dismissed the case, ruling the coalition had no standing to sue.

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