Practice Areas And Legal Definitions

Nursing Home Neglect:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Nursing Home Liability:
Sadly, when people age, they become more vulnerable to abuse, neglect and exploitation. Some older people opt to move into nursing homes or long-term care facilities to ensure that they are well cared for and will be protected from the effects of their deteriorating physical and/or mental conditions. In these settings, however, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers.

Many people in the U.S. discount the feelings and rights of the elderly because they associate aging with physiological, psychological and social disability.  Senior citizens should be allowed to live out their lives free from pain, suffering and distress caused by the negligence or abuse by others. One could argue they have an even stronger right to live in peace and comfort than any other segment of society, given the contributions they have made over their many years.

In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents and the known reluctance of residents to report abuse out of embarrassment or fear.

For all of these reasons, it is both an honor and a challenge for Law Offices of Michels & Watkins to represent the elderly in personal injury litigation. Specifically, these cases present the challenge of overcoming a tendency on the part of others, including insurance adjusters and even physicians, to discount an elderly person's injuries and the diminished quality of life that results from them. With an attorney's thorough investigation and effective presentation of the losses sustained by an elderly client, however, insurance adjusters and jurors can be convinced to fully compensate injured senior citizens.

Nursing Home Negligence:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported.  Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Nursing Home Breach of Contract:
Usually, a nursing home will enter into a contract with a resident, in which it sets out what services it will provide and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's wellbeing, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

Nursing Home Criminal Conduct:
Some states provide criminal penalties for the abuse, neglect or other mistreatment of nursing home residents. Historically, prosecutions for crimes involving abuse, neglect and exploitation of the elderly were relatively infrequent. This was due in part to the reluctance of older persons to report incidents or press charges, the fact that the immediate harm was removed through the intervention of adult protective services, the difficulty some older people have in participating in a criminal trial, physical frailty, the frequent lack of supporting evidence and the concern of some prosecutors that elderly victims might not make credible witnesses due to physical limitations or loss of memory. Recently, however, there have been more and more prosecutions of such actions.

Moreover, some states have enhanced penalties for crimes committed against older people. In some cases, failures to provide residents with sufficient food, keep residents clean enough or prevent bedsores from occurring have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. In some states, the definition of abuse may require inappropriate physical contact that harms or threatens to harm the patient and may not cover verbal threats.

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in CA, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered.  If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence.  Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.  If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States.  Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.  When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible.  Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

• J.D., University of California at Los Angeles School of Law, Los Angeles, California, 1973
• M.A., English, University of California at Santa Barbara, Santa Barbara, California, 1969
• B.A., Mathematics, University of California at Los Angeles, Los Angeles, California, 1966

• California

• Los Angeles County Bar Association
• State Bar of California (Member: Committee on Rules and Procedures of Court, 1982-1985; Litigation Section)
• American Board of Trial Advocates
• American Board of Professional Liability Attorneys
• Association of Trial Lawyers of America
• Consumer Attorneys of California
• Consumer Attorneys Association of Los Angeles (Member, Board of Governors, 2001-2004; First Vice-President 2009-2010; Second Vice-President 2008-2009; Treasurer 2006-2007)
• Named CAALA Trial Lawyer of the Year 2003
  
• Named California’s Best Lawyer, 2006, 200, 2008 and 2009
  
• Named Southern California Super Lawyers, 2007, 2008, 2009 and 2010
• Named Top 100 Medical Malpractice Lawyer by Southern California Super Lawyers 2010

• American Board of Professional Liability Attorneys: Certified in medical malpractice law

• J.D., California Western School of Law, San Diego, California, 1982
• B.A., University of California, San Diego, California, 1979

• California
• U.S. District Court, Central District of California
• U.S. District Court, Southern District of California
• U.S. Supreme Court

• Consumer Attorneys Association of Los Angeles (Emeritus Member, Board of Governors, 1991-)
• Women Lawyers Association of Los Angeles (Board of Governors 1993-1996: Lifetime Sustaining Member)
• Trial Lawyers for Public Justice (Board of Directors, 1996-1997)
• Los Angeles County Bar Association (Board of Trustees, 1999)
• Consumer Attorneys Association of California
• Named Southern California Super Lawyers 2007, 2008, 2009 and 2010
• Named Top 50 Women Lawyers by Southern California Super Lawyers 2010

• J.D., Loyola Law School, Los Angeles, California, 1988
• B.A., History, University of California, Los Angeles, California, 1985
  • Honors: Certificate of Completion of Business Administration

• California
• U.S. District Court, Central District of California
• U.S. District Court, Eastern District of California

• Korean-American Bar Association
• Consumer Attorneys Association of  Los Angeles
• Named California Super Lawyer 2009

Alyssa K. Schabloski
Alyssa is a bright, energetic attorney who was introduced to our firm through the American Board of Trial Advocates as a Fellow.  She has her Masters in Public Health and her Juris Doctor, both from UCLA where she was also Editor in Chief, Law Review.  She is a cum laude graduate of Barnard College, Columbia University and fluent in French after studying in France for a year.

EDUCATION:

• UCLA School of Law, Los Angeles, California, J.D., 2008
  • Editor in Chief, Law Review: UCLA Journal of International Law & Foreign Affairs, 2007 - 2008
• UCLA School of Public Health. M.P.H., 2008
• Barnard College, Columbia University, B.A., 2001
  • Honors:  Cum Laude
  • Major: Political Science
  • Major: French & Francophone Studies

JURISDICTIONS:

• California, U.S. District Court, Central District of California 2008;
• U.S. Ninth Circuit Court of Appeal, Dec. 2008

PROFESSIONAL MEMBERSHIPS AND ACCOMPLISHMENTS:

• Los Angeles County Bar Association, 2007-Present
• Consumer Attorneys Association of Los Angeles, 2009-Present
• Founder and Coordinator, UCLA Mobile Clinic Legal Services 2006-2008
• Ruth J. Roemer Award for Social Justice, 2006
• Morris Greenspan Memorial Prize in International Law
• American Board Of Trial Advocates (ABOTA), Fellow, 2008
• Published: “Health Care Systems Around the World,” Insure the Uninsured Project, White Paper, 2008

Gregg A. Farley - Of Counsel
Gregg brings to Michels & Watkins his expansive background and experience in the practice area of Class Actions. He was a Class Action Defense Specialist in the Los Angeles office of a major Chicago based law firm and co-chaired the ABA' Class Action & Derivative Suits Committee.

EDUCATION:

• UCLA School of Law, Los Angeles, California, 1984, J.D.
  
  • Honors: Order of the Coif
    
  • Law Review: UCLA Law Review, Board of Editors, 1983 - 1984
    
• University of California - Berkeley, Berkeley, California
  
  • Honors: Summa Cum Laude
    
  • Honors: Phi Beta Kappa
    
  • Major: Classical Languages (Greek & Latin)

JURISDICTIONS:

• California, 1984
• District of Columbia, 2006
• U.S. District Court Central District of California, 1985
• U.S. District Court Southern District of California, 1985
• U.S. District Court Eastern District of California, 1992
• U.S. Court of Appeals 9th Circuit, 1996

PROFESSIONAL MEMBERSHIPS AND ACCOMPLISHMENTS:

• American Bar Association, Section of Litigation, Class Actions Today, 2008
  Board of Editors
  
• American Bar Association, Section of Litigation, Class Actions & Derivative Suits Committee, 2003 - 2007
  Co-Chair of Committee
  
• Leader Publications, Product Liability Law & Strategy, 2000 - Present
  Member, Board of Editors
  
• Los Angeles County Bar Foundation, 2003 - 2007
  Member, Board of Directors
  
• State Bar of California, Litigation Section, 2001 - 2003
  Member, Executive Committee
  
• American Bar Association, Litigation Section, 1998 - 2001
  Member, Products Liability Committee
  
• Association of Business Trial Lawyers
  Member
  
• Los Angeles County Bar Association, 1995 - 1996
  Member, Legislative Activity Committee
  
•  Editorial Board, Los Angeles Lawyer, 1995 - 1997
  Board Member
  
• American Association for Justice
  Member
  
• American Constitution Society
  Member
  
• Consumer Attorneys Association of Los Angeles
  Member, Board of Governors
  
• Consumer Attorneys Association of Los Angeles, 1995 - 2002
  Editor-in-Chief, Advocate
  
• Consumer Attorneys Association of Los Angeles, 1993 - 1995
  Associate Editor
  
• Consumer Attorneys of California
  Amicus Curiae Committee
  
• Los Angeles County Bar Association
  Member
  
• Cowboy Lawyers Association
  Member
  
• Society of Professional Journalists
  Member

Steven B. Stevens - Of Counsel
For over 25 years Steve Stevens has practiced law and developed an expertise in the areas of appeals, writs and law & motion. Over the span of his career he has written over 50 articles and columns on law and procedure. He is a frequent speaker at Mandatory Continuing Legal Education programs (MCLE), many sponsored by Consumer Attorneys Association of Los Angeles (CAALA) and Consumer Attorneys of California (CAOC). Selected and voted by his peers to receive this distinguished award, in 2001 he was named Appellate Attorney of the Year by CAALA.

EDUCATION:

• University of Illinois College of Law, Champaign, Illinois, J.D
• Carleton College, Northfield, Minnesota, B.A.
  • Honors: Magna Cum Laude
  • Honors: Distinction in Senior Thesis
  • Major: Government

JURISDICTIONS:

• Illinois, 1981
• California, 1982
• U.S. Court of Appeals 9th Circuit, 1983
• U.S. Supreme Court, 1985

PROFESSIONAL MEMBERSHIPS AND ACCOMPLISHMENTS:

• Consumer Attorneys Association of Los Angeles
  Member, Board of Directors
• Consumer Attorneys Association of Los Angeles
  Member, Board of Governors
• Consumer Attorneys Association of Los Angeles, 1995 - 2002
  Editor-in-Chief, Advocate
• Consumer Attorneys Association of Los Angeles, 1993 - 1995
  Associate Editor
• Consumer Attorneys of California
  Member, Amicus Committee
• Consumer Attorneys of California
  Member, Amicus Curiae Committee
• American Association for Justice
  Member
• American Constitution Society
  Member
• Los Angeles County Bar Association
  Member
• Cowboy Lawyers Association
  Member
• Society of Professional Journalists
  Member