Category Archives: Personal Injury

Nevada state psychiatric hospital to lose accreditation

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A Nevada state psychiatric hospital is being stripped of its accreditation, but is choosing not to appeal.

It seems a conundrum here: The hospital loses its accreditation and that means they will not be paid by the government, patients will have to be released, transferred to another facility if available and/or others will not be admitted until they apply for and receive a new certification.. There are many who believe the 72 hour hold is sufficient to protect the patient as well as society because psychiatrists and staff are required to determine if there is a present danger to the patient and/or society and only if that does not appear to exist is the patient released.

If the patient does not have any family or caretakers, they are released into the community. Unfortunately, there are an insufficient number of places for community housing and/or locations that can provide an appropriate, albeit temporary period of time for such patients to be sufficiently stabilized to be on their own. It is clear that we have far too many members of society that fall into this category and need ongoing care and treatment. While some pundits will claim we cannot provide appropriate and adequate transitional care for psychiatric patients who are medically challenged, others who are more enlightened including myself passionately believe the billions of dollars we send to foreign countries should first be used to fix this and countless other problems in our own country.

Commentary by Sam Spital, California State Board Licensing Defense Attorney & San Diego Personal Injury Lawyer:

Trolley strikes person in Grant Hill

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A person was sent to the hospital on Sunday after being struck by an MTS trolley.

The person, whose gender and name haven’t been released, had to be extricated from underneath the trolley by firefighters. The person was taken to Scripps Mercy Hospital with what were described as major injuries.

Our hearts go out to the victim and the victim’s family in this difficult time.

 

 

Filner’s sexual harassment debacle

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While the rates of sexual harassment have fallen in recent years, it is still a pervasive problem, especially in the workplace.

Scandals such as the recent call for the resignation of San Diego Mayor Bob Filner remind us that the problem is not going away by itself, and that the harassment can hurt more than just the person who is being harassed. In the case of businesses, sexual harassment cases can divide teams, destroy trust, damage reputations, and potentially make the business lose money.

An accusation of sexual harassment, whether it is true or not, can be destructive. Either the allegations are true, and women are being treated in an abusive manner, or the allegations are false, and a dark shadow is cast over someone’s reputation.

 

Female inmates sterilized without approval

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The Center for Investigative Reporting has found that almost 150 women were sterilized by the California Department of Corrections and Rehabilitation between 2006 and 2010 without state approval. Former inmates and prison staff both say that patients were coerced into being sterilized, and those who were targeted were often pregnant, and were those deemed likely to return to prison.

The tubal ligation procedure for prisoners has required approval from top medical officers on a case-by-case basis since 1994. No requests have come before the health committee, yet at least 60 were performed at Valley State Prison for Women, and many were performed at California Institution for Women.

It is disgusting to treat human beings in this way. These women’s bodies are their own, and have the right to decide whether or not they should be able to bear children. A licensed professional should not be able to manipulate and coerce people in this way. It is against the code of ethics and against human decency.

Some proponents will argue that society has a vested interest in the welfare of the children of those who lack good judgment. All taxpayers not only pay a huge sum of money to incarcerate criminal offenders, but for their medical conditions and/or diseases. Some pundits ask why we spend more money for each staff to operate our prisons than we pay teachers.
As long as we debate the pros and cons of this and all other important  topics of particular interest, we will eventually reach a consensus if not a reasonable and proper solution.

Killing of pit bull sparks controversy

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Pit bulls are known as dangerous, unpredictable dogs, so when a San Diego man admitted to shooting one, it sparked a debate.

Lee Pattison, a 24-year-old Navy diver, was on the sidewalk when he said that a pit bull across the street broke loose from his tether and attacked his Husky dog, Bolt. Pattison said that he punched the pit bull several times, during which time it bit him on the thigh. Pattison went inside to get his shotgun and eventually, after hitting the pit bull with the butt of the gun several times, shot and killed the dog.

Pit bulls have a rabid following of people who maintain that they are misunderstood animals. The real issue here, though, is animal control. No matter what type of dog a pet owner may have, they should keep it on a leash or fenced in when outside. It is negligent to let a pet run around, especially when it has the potential to injure another pet or person. The debate about pit bull dogs and their somewhat uncertain and possible propensity to bite, though some seem loving and gentle during other times, will undoubtedly continue as long as these pets are not properly safeguarded to prevent any attack or harm to others, including another animal.

Gun owner charged in accidental shooting death

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55-year-old Todd Conrad Francis is being charged with three felony counts: involuntary manslaughter, child endangerment and criminal storage of a firearm.

Francis’ 9-year-old daughter was playing with her neighbor Eric Klyaz in the garage on June 4. They were handling Francis’ 9 mm pistol when it apparently went off, killing Klyaz. At the time, the children were being babysat by the girl’s 14-year-old brother.

Francis surrendered at the police headquarters on Tuesday and was released after posting $100,000 bail. He will be arraigned at 1:30 p.m. on June 25 in San Diego Superior Court.

This is a tragic situation, and our hearts go out to the family of all of those involved.

 

Truckers treated unfairly

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A plaintiff said that he and other truckers were misclassified as independent contractors and thus treated unfairly.

Plaintiffs and brothers Jose A. and Jose I. Estrada launched a civil suit against Harbor Express Inc., saying that the truckers who were classified as independent contractors did not receive the benefits of being an employee, such as rest breaks, paid overtime, and meal times. However, they were treated like direct employees in many ways. They drove company-owned trucks exclusively for the company, and were not allowed to go drive for other companies while working for Harbor Express Inc.

It’s illegal to deny workers these rights if you are treating them as direct employees of the company.

 

The California Supreme Court deals with insulin-administration case

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The California Supreme Court will be hearing a case that will determine whether school employees can administer insulin to diabetic students, rather than only licensed nurses. This case will set a precedent for protecting the rights of schoolchildren with diabetes or other medical conditions.

The problem here is that insulin is a tricky thing. The wrong dose can be fatal. Have an untrained, overworked school employee administering insulin to diabetic children could be disastrous. Procedures like this should be left to trained professionals so children in school can remain safe and healthy.

Fundraiser for shooting victim

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A fundraiser was held for Will Barton, a courageous young man who survived being shot in the head during a violent crime spree during October of 2012. He was one of two people who were shot, and his condition was considered by doctors to be “unsurvivable” Miraculously, he is alive and doing much better than anticipated.

Barton, who graduated from Point Loma high school, has come a long way since the shooting last years. His loved ones gathered in Mission Hills to show their support for him and raise money for him.

 

California Dental Board questioned after patient death

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Team 10 investigated the California Dental Board and found that the board does not disclose important information to patients.

One California dentist had a patient die, but more than a month later, no information about the incident was provided by the board.

According to medical reports, the patient was in cardiac arrest when the paramedics arrived. They apparently found two pieces of surgical gauze in his airway and up to six different sedatives in his system. They took all measures possible to save his life, but were unable.

The dentist removed someone’s wisdom teeth the next day.

 

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