Monday, April 24, 2023

Can You Sue for Medical Malpractice without an Attorney?

Representing yourself in a medical malpractice lawsuit is certainly an option, though rarely a good one. Because they exist at the intersection of two highly specialized fields — medicine and law — medical malpractice lawsuits tend to be legally and factually complex. These cases nearly always require the attention of a malpractice lawyer with the knowledge, experience, and resources to evaluate the available evidence in your case and persuasively argue about medical standards on your behalf.

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What is Medical Malpractice?

We are all legally obligated to take adequate precautions to avoid harming others through our actions. Failure to do so results in negligence. If someone’s negligence causes an accident, injured victims may file a lawsuit seeking compensation from the at-fault party. The standard of care in these cases varies based on context. However, it is generally determined by speculating about what a "reasonable person" would have done in a comparable situation.

Related Link: - Los Angeles Medical Malpractice Attorney

What are the Challenges of Handling a Medical Malpractice Claim without an Attorney?

Personal injury cases are already complicated, especially when they go to trial. They become even more so when they involve medical malpractice. The reason is simple: medicine is a highly complex field that requires years of specialized training and continuing education to master. In turn, this means that determining the appropriate standard of care in each case requires a close, contextualized look at the facts.

What Damages Can I Recover Through a Medical Malpractice Lawsuit?

If you successfully prove that a medical care provider injured you by violating their professional standard of care, you may be entitled to a wide range of compensation, which should reflect both the economic and noneconomic impact your injuries have on your life. Our legal team can help you pursue compensation for things like:

  • Medical care bills incurred treating your injuries
  • Lost income from time missed at work
  • Lower future earning capacity if your injuries cause a long-term disability
  • Physical pain and suffering
  • Emotional distress
  • lower quality of life

Contact Our Los Angeles Medical Malpractice Attorney

If you believe your medical provider injured you or violated their professional standard of care, the best thing to do is speak to a medical malpractice Attorney as soon as possible. This will ensure that you know your rights and do not miss out on the full and fair compensation you deserve for your injuries and other losses. The legal team at Marcarian Law Firm, P.C., is here to help. We have the experience and skills needed to handle your case from start to finish. Contact us today to schedule a free, no-obligation consultation.

Tuesday, April 18, 2023

How to Prevent Discrimination in the Workplace in California?

Federal and state laws ban California employers from discriminating against job aspirants or jobholders based on certain covered characteristics, including race, religion, color, age, and disability status. Plant demarcation can take numerous forms, such as refusing to hire, refusing to promote, discriminating against, or terminating workers based on these characteristics; espousing company programmer that disproportionately impact workers who belong to a defended class; refusing to give reasonable lodging; or permitting workers to suffer immunities without causing impacts.


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How to Help Discrimination in the Workplace in California

Disability Discrimination Laws

When workers struggle with disabilities but are otherwise suitable to perform their duties on the job in a normal way without seeking backing from associates, they cannot be discriminated against in the plant. This law also requires employers to provide a physically accessible workplace for workers who struggle with physical challenges.

Age Discrimination Laws

While child labour laws cover youthful, underage workers from being exploited in the workplace, the Age Discrimination in Employment Act of 1967 and an analogous law constituted in 1975 provide protection to workers over the age of 40. Still, offers better compensation to youngish workers, or simply chooses to retain youngish workers, if you believe that your employer promotes youngish workers over aged bones

Educate and Train Workers about Demarcation

All workers should completely understand your anti-discrimination policy and what kind of consequences will be abused if demarcation occurs. Conduct regular anti-discrimination training so workers can identify cases of demarcation and impunity, know how to respond to an alert operation of the issue, and be confident that their complaints will be heard and instantly addressed.

Call a Los Angeles Employment Discrimination Attorney Today

When you need a Los Angeles Employment Discrimination Attorney, you can communicate with us for an initial discussion of your case by clicking here or calling 818-995-8787 or 800-924-3784.

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Tuesday, April 11, 2023

5 Common Signs of Age Discrimination by Age Discrimination Attorney

 

Age discrimination, or ageism, in the workplace, essentially penalizes a person for having more experience and qualifications than younger colleagues. Despite years of effort to build up your resume and/or loyalty, you may find yourself either gradually or aggressively being pushed out of your job in the later stages of your career. Older employees also have a more difficult time finding other work or being rehired after losing a job. These concerns often keep older employees from leaving an abusive employer. California’s age discrimination laws are intended to be enforced "with the goal of not only protecting older workers as individuals but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.


Age Discrimination Attorney

Here are Some Common Signs of Age Discrimination to Look Out for in the Workplace

  • Unfair Discipline
  • Being Pushed (Or Forced) to Retire From Your Job
  • Social Isolation
  • Being Demoted For Younger Workers
  • Harassment and Bias Towards Other Older Workers

Unfair Discipline

Sometimes mistakes at work happen to the best of us.  Be mindful of whether you are treated fairly in terms of discipline.  For an older worker, a small mishap may be trumped into a terminable offense, whereas the same mistake by a younger colleague may result in lower-level discipline or a warning.  In this context, if an employer is making a mountain out of a molehill, it may be a sign of ageism. 

Being Pushed (Or Forced) to Retire From Your Job

Mandatory retirement or pension plans requiring participants to retire at a specific age are generally illegal and not enforceable. An employee still desiring to work must be allowed to continue working beyond any retirement date in a pension or retirement plan.
Some professions, however, are excluded. Although such plans expressly requiring retirement by a certain age are no longer as common, employers still try to push older workers to retire. You may get a severance offer in exchange for your resignation. Employers may comment to the effect that it is time for you to retire, essentially indicating to you that you should leave your job. To avoid a claim of wrongful termination, the employer may prefer to force you out or incentivize your exit instead of firing you.

Social Isolation

Mandatory retirement or pension plans requiring participants to retire at a specific age are generally illegal and not enforceable. An employee still desiring to work must be allowed to continue working beyond any retirement date in a pension or retirement plan.
Some professions, however, are excluded. Although such plans expressly requiring retirement by a certain age are no longer as common, employers still try to push older workers to retire. You may get a severance offer in exchange for your resignation. Employers may comment to the effect that it is time for you to retire, essentially indicating to you that you should leave your job. To avoid a claim of wrongful termination, the employer may prefer to force you out or incentivize your exit instead of firing you.

Being Demoted For Younger Workers

As a preliminary manner, you have to show that at the time of your demotion, you were performing your job satisfactorily.  Relevant evidence may include but is not limited to bonuses, raises, performance metrics, performance reviews, and even informal feedback and any other accolades applicable to your industry.  Further relevant evidence includes showing that after you were demoted; you were replaced by a substantially younger employee.

Harassment and Bias towards Other Older Workers

Pay attention to whether there is a pattern of unfavorable treatment and harassment towards older employees. If senior colleagues have similar complaints about a particular manager, supervisor, department, or company-wide practice, the workplace may be permeated with age bias, especially if Human Resources is aware of these complaints and does not intervene. Get to know these individuals and learn from their experiences. They may offer you emotional support or collaboration if you find yourself in their shoes. Knowing that others like you are treated as second-class citizens or harassed may also have a direct impact on you. Also, notice the demographics of the employer are favored "in the group" and whether there is a trend of promoting and advancing younger individuals more frequently.

Call a Los Angeles Employment Discrimination Attorney Today

If you or somebody you love has faced discrimination in the workplace in or around the Los Angeles area, contact the team at the Marcarian Law Firm as soon as possible. Our Los Angeles employment law Attorneys have the resources necessary to fully investigate your claims of discrimination and help ensure that you recover the compensation you need.

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Tuesday, April 4, 2023

Four Ways to Have Your Medical License Revoked in California


There are many ways a physician can suffer the humiliation, pain, and frustration of having his or her medical license revoked, often before a very unsympathetic and heartless Medical Board of California.

Over many years of experience, we have found that certain patterns of conduct often result in revocation, and want to provide our clients and potential clients with the following list of the top 4 ways to have your California medical license revoked and how a California medical board license attorney can help you keep your license and career.

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Malpractice or Negligence

Medical malpractice or other instances of patient harm due to the actions or inaction of a physician.

Even if you feel that you have done your due diligence in the care of a patient, complaints and accusations of valid or perceived mistreatment on the side of a patient can lead to formal investigations and license revocation.

Related Link: - What Does a California License Attorney Do? | MarcarianLawFirm

Insurance Fraud

Involvement in a conviction for, or aiding and abetting in the commission of insurance fraud, whether at the federal, state, or private insurance levels.

Many times, physicians find themselves involved in very serious Medicare, Medical, or other insurance fraud matters, and a conviction or even investigation for such activities can often result in revocation if the matter is not handled aggressively and proactively by experienced counsel.

Criminal Conviction

Conviction of a felony-level offense

This is somewhat self-explanatory, but depending on the circumstances of the criminal complaint against the licensee, the Board may or may not seek revocation, and depending on the severity of the allegations, may often seek a "Cease Practice Order" which attempts to immediately suspend the physician’s license pending a resolution of the accusation, which is filed soon thereafter. These matters must be handled in a very expeditious manner, as every day of delay results in a longer period of license suspension, not to mention the potential erosion of the physician’s reputation and ability to practice medicine and serve his or her patients.

Prescription Negligence

Overprescribing opioids and other highly addictive medications results in patient death

The California Medical Board has for the last several years embarked on somewhat of a witch hunt, also known as "death certificate cases" which is a retroactive effort by the Board to investigate physicians who prescribed medications, oftentimes with no intention to do any harm, to patients who have passed away under circumstances reported by the coroner as concerning or suspicious. These cases often result in unfair and aggressive disciplinary action against the prescribing doctor, even if he or she did not improperly prescribe pain or other addictive medications, which may or may not have contributed to the death of the patient at issue. In these cases, it is imperative to have highly experienced counsel assist you if you are being investigated or have received an "accusation" from the Medical Board of California seeking to revoke your license. These cases are prosecuted in a very aggressive manner, and you should immediately retain counsel to protect yourself, your license, and your career.

Contact a Los Angeles Medical Malpractice Attorney

If you or somebody you love has been injured or has become ill due to the negligence of a medical provider, contact the team at the Marcarian Law Firm as soon as possible. Our attorneys will work diligently to recover full compensation for your losses. We are not afraid to stand up to aggressive insurance carriers or well-funded medical agencies. When you need a Los Angeles medical malpractice attorney, you can contact us for an initial consultation of your case by clicking here or calling 818-995-8787 or 800-924-3784.

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