The Burchett Law Firm, PC The Burchett Law Firm, PC 2026-10-06T14:26:14Z https://www.theburchettlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1404850/2020/10/cropped-Burchett-siteicon-1-32x32.png On Behalf of The Burchett Law Firm, PC <![CDATA[San Diego hospital protocols and birth injury risks: What parents must know]]> https://www.theburchettlawfirm.com/?p=49316 2026-10-06T14:26:14Z 2026-10-06T14:26:14Z This article is Part 1 of a three-part series on birth injuries published on behalf of The Burchett Law Firm, PC, a San Diego medical malpractice practice led by attorney Brian Burchett.

How standard labor and delivery monitoring protocols work in San Diego hospitals

San Diego regional healthcare networks – including UC San Diego Health, Sharp Mary Birch Hospital for Women & Newborns, and Kaiser Permanente – follow strict clinical guidelines to monitor mother and child during labor. Standard monitoring protocols require medical staff to continuously evaluate electronic fetal heart rate monitor printouts, uterine contraction patterns, and maternal vital signs. In these medical facilities, standard care protocols require practitioners to:
  • Monitor fetal heart rates continuously to detect fetal distress, including decelerations or lack of heart rate variability
  • Track contraction frequency and intensity to avoid uterine hyperstimulation
  • Identify labor arrest or failure to progress in a timely manner
  • Escalate care immediately to an attending obstetrician when fetal distress signals occur
Strict adherence to these standards ensures that any emerging complications are flagged and addressed before they cause permanent harm to the child. When nurses or physicians fail to observe these monitoring standards, or fail to communicate changes in fetal heart tracings to the attending doctor, critical interventions like emergency C-sections may be delayed.

How protocol failures cause preventable birth injury complications

Deviations from hospital guidelines lead directly to life-altering medical conditions. Two common preventable delivery complications resulting from communication failures or protocol breaches are:
  • Hypoxic-ischemic encephalopathy (HIE): HIE is a brain injury caused by oxygen deprivation to the baby during labor. When hospital staff fail to recognize sustained drops in fetal heart rate or delay ordering an emergency delivery, prolonged oxygen deprivation damages brain tissue.
  • Shoulder dystocia: This emergency occurs when an infant's shoulder lodges behind the mother's pubic bone during delivery. Hospital protocols require specific physical maneuvers to free the shoulder safely. Applying excessive traction or pulling on the baby's head violates delivery guidelines and can cause nerve damage to the brachial plexus or bone fractures.
Both of these conditions demonstrate how a single lapse in adhering to delivery standards can have lifelong consequences for an infant.

What to do if you suspect a birth injury: Diagnosis and legal timeline

Parents often wonder if they must wait for an official diagnosis or how long they have to take legal action.

Does my baby need an official diagnosis before I contact a lawyer?

No. Your baby does not need a formal diagnosis before you contact an attorney. You should reach out to a legal representative as soon as you suspect that something went wrong during labor or delivery. Early legal evaluation allows an attorney to secure medical records before details are lost or altered.

How long do I have to file a birth injury lawsuit in San Diego?

In California, medical malpractice and birth injury claims are subject to strict statutes of limitations. Under California law, a medical malpractice claim for an injury to a minor under six years of age must be filed within three years of the date of injury or prior to the child's eighth birthday, whichever provides the longer period. (Note: Claims involving public or government-run health facilities, such as county hospitals, may have administrative filing deadlines as short as six months).  Because California laws involve strict filing deadlines, missing a deadline generally bars your right to financial recovery.

Key documentation to request after a birth incident at a San Diego facility

If you suspect medical staff deviated from the standard of care during delivery at a San Diego medical facility, request full copies of your medical records immediately. Healthcare facilities in California must provide complete clinical documentation upon formal request. Request the following specific records:
  1. Electronic fetal monitoring (EFM) strips: The complete continuous strip readings showing fetal heart rate patterns and contractions during labor.
  2. Physician and nursing progress notes: Real-time notes documented by nurses and doctors tracking labor progress, cervical dilation, and staff communication.
  3. Labor and delivery summary reports: Formal records detailing delivery timing, staff present, instruments used (such as vacuums or forceps), and emergency interventions.
  4. NICU admission and evaluation records: Initial APGAR scores, arterial blood gas readings, and pediatric evaluation reports immediately following delivery.
Obtaining these records right away ensures that an independent medical expert can review the objective timeline of your delivery and evaluate whether standard protocols were breached.

Summary and next steps

Adherence to labor and delivery monitoring protocols in San Diego medical facilities protects infants from preventable injuries. When healthcare providers fail to monitor fetal heart rates, mismanage labor progression, or breach delivery standards, infants face severe risks of HIE, shoulder dystocia or other harm. If you suspect delivery care errors, securing complete medical documentation is the critical first step. Then, learn more about your options after a birth injury.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[What if you were partly at fault for a bicycle accident? ]]> https://www.theburchettlawfirm.com/?p=49285 2026-08-24T14:09:47Z 2026-08-26T07:00:30Z You could recover reduced damages In California, the law follows pure comparative negligence rather than modified comparative negligence. The California Supreme Court adopted this approach in Li v. Yellow Cab Co. Under the decision, your damages generally decrease according to your share of responsibility. If another party also contributed to the crash, you may recover damages even when your portion exceeds 50%. However, your award could drop as that percentage rises.

Your conduct may increase your share of blame

An insurer might argue that you rode after dark without proper lighting or signaled too late before turning. State law requires a front lamp and specified rear, pedal and side reflectors when cyclists ride in darkness. The insurer may raise a similar argument about your turn signal. California law generally calls for continuous signal during the last 100 feet before a turn. It also prohibits changing course until you can do so with reasonable safety. Even so, a late signal may not excuse a driver who was speeding or failed to yield. The available facts could show how each person contributed to the collision.

Evidence can limit an unfair fault allegation

A crash report may not capture every relevant fact. Camera footage, bicycle damage and witness accounts can demonstrate how the impact occurred. Medical records often serve a different role by connecting the collision to your injuries and treatment. An attorney can preserve these materials, examine the driver’s actions and question an insurer’s proposed percentage.

Why shared fault may require closer review

Partial responsibility often makes a bicycle claim harder to evaluate because a small change in percentage can substantially affect compensation. Early legal guidance may clarify which losses you may pursue and which facts support your account. A lawyer can also handle insurer communications and challenge arguments that might overlook the driver’s role. This assistance could help you seek compensation despite partial fault.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[How misinterpreted MRI and CT scans can delay your treatment ]]> https://www.theburchettlawfirm.com/?p=49282 2026-08-24T14:02:39Z 2026-08-24T14:02:39Z Missing an abnormality can postpone the correct diagnosis A radiologist might overlook a small tumor, subtle fracture or early brain bleed. If the report calls the scan normal, your doctor could rule out the correct diagnosis. Your condition then has time to progress.

Labeling a dangerous finding as harmless may prevent follow-up

Sometimes the radiologist sees a lesion but calls it benign or stable. That interpretation may lead the care team to decide against a biopsy or repeat scan. Without follow-up, a harmful mass could continue to grow or spread.

Skipping earlier scans can hide disease progression

Prior studies can reveal that a nodule has enlarged or spinal compression has worsened. Without that comparison, the care team might miss a pattern that calls for prompt action.

Failing to report urgent findings could delay intervention

An accurate report often may not prevent harm if no one acts on it. A critical finding may remain in the chart without direct notice to the ordering doctor. Internal bleeding or restricted blood flow could then cause lasting damage.

When an imaging error may support a negligence claim

A poor outcome alone may not establish medical negligence. A claim generally requires evidence that a radiologist or another provider failed to use the skill and care reasonably expected in similar circumstances. You would also need evidence linking that failure to additional harm, such as disease progression or more intensive treatment. Your legal options may include a malpractice claim against a radiologist, another provider, the hospital or a combination of parties. A qualified expert can compare the images, reports and follow-up care with the applicable standard. That review may show whether a timely reading likely would have changed your treatment. If the expert’s findings support your claim, you also need to consider the filing deadline. In California, the filing period is the earlier of one year after you discovered or reasonably should have discovered the injury, or three years after the injury. Limited exceptions and separate rules for minors may affect that period.

Seeking answers after delayed care

Medical and legal review can distinguish a reasonable difference of opinion from a preventable diagnostic failure. Your original images and hospital records and later test results may help an independent radiology expert trace when the condition first became visible. A lawyer can preserve that evidence and examine which providers handled the report or follow-up care. Prompt legal guidance may also evaluate your claim before the applicable filing period expires.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[What can you expect during a personal injury deposition?]]> https://www.theburchettlawfirm.com/?p=49276 2026-07-24T12:35:18Z 2026-08-04T12:32:49Z Understanding what a deposition is A deposition is a formal question-and-answer session that usually takes place in a law office conference room instead of a courtroom. During the session, the lawyer representing the other side will ask about the accident, your injuries and other facts related to your case. Your lawyer will attend the session, protect your interests, make appropriate objections and advise you when California law allows. A court reporter records the session and creates an official transcript that the parties may use later in the case. The parties may also record the session on video. Think of the session as testimony given under oath. The main difference is that it happens without a judge or jury present. Its purpose is to help both sides gather information. The defense lawyer wants to hear your version of events, see how you may come across to a jury and preserve your testimony before trial. This helps reduce surprises and allows both sides to better evaluate the strengths and weaknesses of the case.

Who will be present during your deposition?

You will not go through the session alone. Your personal injury lawyer will stay with you from start to finish. The lawyer representing the defendant or the insurance company will ask the questions. A court reporter will record everything that is said. In some cases, an insurance company representative may attend as an observer. The defendant may also attend, but that happens less often. Most sessions stay professional and calm.

Types of questions you might face

The other lawyer will cover several topics during the session. Expect questions about your education, work history and family background. You will also answer detailed questions about how the accident happened. Be ready to explain where you were, what you were doing, what you saw and what happened before, during and after the incident. Much of the questioning will focus on your injuries. The other lawyer may ask about your symptoms, medical treatment, health care providers, medications and how your injuries affect your daily life. They may also ask about past injuries or medical conditions. You should also expect questions about your losses, including lost income, medical bills and how the injuries have affected your work and daily activities. You may also be asked about statements you made to health care providers, insurance adjusters or on social media.

Tips for giving effective testimony

Always tell the truth because you will be under oath. Giving different answers or guessing can hurt your credibility. If you do not know the answer or cannot remember something, say so instead of guessing. Respond to each question clearly and directly. If "yes" or "no" fully answers the question, avoid giving extra details. Sharing unnecessary information may lead to more questioning. Take your time before answering. Listen carefully and make sure you understand each question. If anything is unclear, ask for it to be explained or repeated. Stay calm and polite throughout the session, even if some questions seem repetitive or frustrating. The other lawyer may be watching how you present yourself as a witness.

How can you approach your deposition with confidence?

If you were hurt in an accident and filed a personal injury claim, a deposition may be an important step in your case. Preparing ahead, reviewing important details and staying focused can help you provide clear answers. By understanding the process and working with your lawyer, you can feel more prepared when answering questions under oath.  ]]> On Behalf of The Burchett Law Firm, PC <![CDATA[How to handle a Kaiser Permanente medical malpractice claim]]> https://www.theburchettlawfirm.com/?p=49272 2026-07-17T10:57:35Z 2026-07-17T10:37:37Z A medical injury can leave you with many questions about what went wrong and what steps you may take next. If your care involved a Kaiser Permanente facility, your claim may follow a different path than a typical medical malpractice case in a California court. Knowing how this process works could help you feel more prepared as you explore your options.

How does Kaiser Permanente arbitration work?

Many medical malpractice claims move through the California court system. However, some Kaiser Permanente patients agree to use arbitration instead. This agreement may come from the terms of a health plan or enrollment documents. Kaiser Permanente often uses a process called arbitration for certain medical malpractice disputes. Instead of having a judge or jury review your case, you may need to present your claim to a private decision maker called an arbitrator. The arbitrator reviews the facts, records and arguments before making a decision. During arbitration, the arbitrator reviews information from both sides. The process may involve steps such as:
  • Gathering medical records and details about your treatment
  • Filing a claim under the required arbitration rules
  • Selecting an arbitrator to review the dispute
  • Sharing evidence about your injury and the care you received
Arbitration may look different from a courtroom case, but you may still need to show that a medical provider did not provide proper care and that the care contributed to your injury.

What does California law says about medical arbitration?

California law allows some healthcare disputes to go through arbitration. The rules can vary based on the type of healthcare provider and the agreement involved. General medical malpractice arbitration agreements may follow the California Code of Civil Procedure. Health care service plans, including Kaiser Permanente, follow different rules. Under California Health and Safety Code, these plans must provide clear information about arbitration agreements in certain enrollment materials and contracts. The details of your Kaiser Permanente agreement could affect how your claim moves forward. The agreement may explain important parts of the process, including filing steps, deadlines and other requirements.

What can you expect during the claim process?

A Kaiser Permanente medical malpractice claim may require careful preparation. You may want to gather records about your treatment, review details about your injury and organize information that explains what happened. The process may also include sharing information with the other side before the arbitration hearing. This exchange can help both sides review the facts and prepare their arguments. Getting the right legal advice, keeping your records organized and learning about the steps involved may help you better understand what to expect during the claim process.

Knowing your path can make a difference

A Kaiser Permanente medical malpractice claim may follow a different process than other medical injury claims. Arbitration can change how you present your case and how someone reviews your concerns. Learning about the arbitration process and the rules that apply to health plan agreements could help you understand the path ahead. Each claim involves different facts, so reviewing your agreement and the details of your situation may help you identify the steps that apply to you.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Debunking the myths: when surgical complications cross the line into malpractice]]> https://www.theburchettlawfirm.com/?p=49270 2026-07-15T00:58:43Z 2026-07-15T00:58:43Z surgical error claim in California. When surgery results in serious, unexpected harm, many San Diego patients never pursue a legal claim because they believe common myths about medical malpractice. Two of the most damaging misconceptions involve consent forms and complications.

Myth 1: signing a consent form means you cannot sue

Before any procedure, hospitals require patients to sign paperwork acknowledging the general risks of surgery. Many patients assume this document eliminates any right to legal recourse if something goes wrong. It does not. A consent form covers the inherent, unavoidable risks of the procedure. It does not authorize substandard care, medical incompetence, or reckless behavior in the operating room. If a surgeon, anesthesiologist, or nurse deviates from the accepted medical standard of care and causes harm, a signed consent form provides no legal protection for the provider.

Myth 2: every bad surgical outcome is just a complication

There is a significant difference between an unavoidable complication and a preventable mistake. Some adverse events, such as a standard post-operative infection or a reaction to anesthesia, can occur even when a surgeon follows every protocol correctly. When the surgical team acted appropriately and the outcome falls within the known risks of the procedure, that event may not constitute malpractice. Preventable surgical mistakes are different. These are sometimes called "never events" because they should not occur when standard safety protocols are followed:
  • Wrong-site surgery: Operating on the wrong body part, the wrong side, or the wrong patient.
  • Retained foreign objects: Leaving surgical sponges, clamps, or other instruments inside a patient's body after closing.
  • Severed organs or nerves: Damaging adjacent healthy structures due to inattention or rushed technique.
These errors represent clear deviations from the standard of care, not unavoidable complications.

Acting within California's legal deadline

According to state law, patients generally have one year from the date they discovered, or reasonably should have discovered, the injury to file a medical malpractice claim. Proving surgical negligence requires a detailed review of operating room records, anesthesia logs, and expert medical testimony. A California medical malpractice attorney can evaluate whether your surgical outcome crosses the line from complication into actionable negligence.  ]]> On Behalf of The Burchett Law Firm, PC <![CDATA[The hidden dangers of pharmacy prescription errors: what you need to know]]> https://www.theburchettlawfirm.com/?p=49268 2026-09-08T14:12:10Z 2026-07-10T03:27:22Z How prescription errors happen Most pharmacy errors trace back to a breakdown in standard verification protocols. Medication errors related to drug names, labeling, and packaging are a recognized and ongoing patient safety concern. Common examples include:
  • Sound-alike and look-alike drugs: Many medications have names that are visually or phonetically similar but treat entirely different conditions. Confusing Celebrex (an anti-inflammatory) with Celexa (an antidepressant) is a well-documented example.
  • Dosage errors: A misplaced decimal point can result in a patient receiving ten times the intended dose, turning a therapeutic medication into a toxic one.
  • Missed drug interactions: If a pharmacy database is not current or a pharmacist does not conduct a thorough review, a newly dispensed medication can interact dangerously with an existing prescription, causing acute organ damage or severe complications.
Each of these errors is preventable with proper verification procedures.

How to cross-check your medication

Patients can take a few straightforward steps before taking a new or refilled prescription:
  • Check that the drug name and dosage on the label match your doctor's written orders or discharge paperwork.
  • Use a reputable online pill identifier to verify the shape, color, and imprint code on the pills. If a refill looks different from previous months, contact the pharmacy before taking it.
  • Ask the pharmacist directly to confirm what the medication is for and how it should be taken.
These steps take only a few minutes and provide a meaningful additional check beyond what the pharmacy performs.

Your legal rights after a prescription error

A prescription error that causes physical harm is not simply an unfortunate mistake. The California State Board of Pharmacy licenses and regulates pharmacists across the state and enforces professional standards that require accurate dispensing, drug interaction screening, and patient counseling. When a pharmacist fails to meet those standards and a patient is harmed, there is a legal basis for a claim. Pharmacy malpractice cases require demonstrating that the pharmacy fell below its professional standard of care, typically through expert review and an analysis of internal dispensing records. If you or a family member suffered a serious injury, required hospitalization, or experienced toxic complications because of a prescription error, a California medical malpractice attorney can evaluate whether you have grounds for a claim.  ]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Brain injuries from slip-and-fall accidents: what to know]]> https://www.theburchettlawfirm.com/?p=49266 2026-07-29T20:46:57Z 2026-07-01T11:36:44Z How brain injuries happen without direct impact Your brain floats in cerebrospinal fluid inside your skull. When you slip and fall violently, the sudden acceleration and deceleration forces your brain to shift rapidly. This movement can cause your brain to strike the inside of your skull, tear nerve fibers or damage blood vessels. While the violent motion of a fall alone can cause serious traumatic brain injuries such as concussions or diffuse axonal injuries, medical professionals typically reserve the term 'coup-contrecoup' for injuries resulting from a direct physical impact to the head. The sheer force of your body hitting the ground can send shockwaves through your spine and neck, transmitting that energy directly to your head. This is why seemingly minor falls can sometimes result in significant neurological damage.

Symptoms that should concern you

Brain injury symptoms do not always appear immediately. It might help to monitor yourself carefully in the days and weeks following any fall. Watch for persistent headaches, dizziness or balance problems. Confusion, memory difficulties and trouble concentrating are also red flags. Other warning signs include nausea, sensitivity to light or sound, mood changes and sleep disturbances. If you experience any of these symptoms, you should seek medical attention promptly. Early documentation of your injuries strengthens both your medical treatment plan and any potential premises liability claim.

Property owner responsibilities matter

Commercial property owners have a legal duty to maintain safe conditions for visitors. When they fail to address hazards like wet floors, uneven surfaces, poor lighting or damaged walkways, they may be held liable for resulting injuries. Negligent maintenance, inadequate warnings about known dangers and failure to inspect the property regularly can all contribute to preventable accidents. These failures matter when determining fault in slip and fall cases.

Protecting your rights after a fall

Your health comes first. After seeking medical care, consider documenting everything about your accident and symptoms. Property conditions change quickly, so photographs and witness statements gathered soon after an incident can prove invaluable. Understanding that brain injuries can occur without direct head impact could help you recognize when you need medical and legal help. Your recovery and your rights both deserve attention after a serious fall on commercial property. It is essential to know your options when navigating the aftermath of such an accident to help determine the best path forward for your situation.]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Pushing back against drivers who blame lane splitting for crashes]]> https://www.theburchettlawfirm.com/?p=49264 2026-06-24T20:33:39Z 2026-06-24T20:33:39Z Lane splitting is legal Some motorcycle riders do not understand the law and may assume that referencing lane splitting is a valid defense to personal injury liability. However, California state statutes clearly permit lane splitting. Motorcycle riders can help ease traffic congestion and keep themselves safe by appropriately sharing lanes with other vehicles when traffic slows or stops. Drivers have an obligation to monitor their surroundings for any likely safety concerns, including motorcycles lane-splitting during times of traffic congestion. While the driver who hit the motorcycle rider, their insurance company or their lawyer may try to place 100% of the blame on the motorcycle rider, the rider may still have the right to pursue compensation. Under California's pure comparative negligence rules, even those who bear significant responsibility for a crash can still hold the other party accountable for their portion of fault. So long as a driver is at least 1% at fault for a motorcycle crash, the injured rider can seek compensation from them. Riders may need help overcoming social bias about motorcycle riders in court and providing that the driver caused the crash by failing to look for them as they safely and legally split lanes with other vehicles. Motorcycle riders seeking compensation from drivers who do not want to admit their responsibility may need help evaluating insurance coverage, documenting what happened during a crash and pursuing appropriate compensation for property damage and injury-related expenses. Working with an attorney who handles motorcycle collision cases can make it easier for injured riders to pursue the compensation they deserve.  ]]> On Behalf of The Burchett Law Firm, PC <![CDATA[Early warning signs that a baby may have a birth injury]]> https://www.theburchettlawfirm.com/?p=49262 2026-06-22T11:59:15Z 2026-06-22T11:58:43Z What are the symptoms you need to look out for? While the physical process of labor and delivery itself can cause injuries, certain situations increase the risk. Difficult deliveries, particularly those involving larger babies, unusual positioning or the need for forceps or vacuum assistance, are more likely to result in birth injuries. If you or your partner had a difficult delivery, it’s crucial to observe your baby for any unusual or concerning physical symptoms. This can include:
  • Unusual muscle tone: Arms or legs that seem extremely floppy or unusually stiff
  • Feeding difficulties: Problems nursing or taking a bottle, weak sucking or trouble swallowing
  • Extreme behavior: Excessive, inconsolable crying or unusual lethargy and sleepiness
  • Neurological symptoms: Seizures, tremor-like movements or arching of the back
  • Arm weakness: One arm that does not move normally or hangs limp, which can indicate possible nerve damage
  • Breathing problems: Labored breathing, grunting or periods of stopped breathing
  • Head shape or appearance: Significant swelling, unusual bruising or abnormal shape beyond typical molding
These signs do not always mean an injury occurred. However, it is better to err on the side of caution and have your baby checked by a doctor. Seizures or extreme lethargy may signal Hypoxic Ischemic Encephalopathy (HIE), a brain injury from lack of oxygen during delivery. Unusual muscle tone can be an early sign of cerebral palsy, which can also result from oxygen deprivation.

When to question what happened during delivery

If your baby shows any of the issues above, it is natural to wonder why. While some birth injuries happen despite proper care, others result from preventable mistakes. Medical negligence can include:
  • Failure to act on abnormal fetal heart rate patterns or other distress signals
  • Delaying a needed C-section when labor is not progressing
  • Using forceps or vacuum extractors improperly
If your delivery involved any of these situations and your baby now shows concerning symptoms, the care provided may have fallen below acceptable standards.

Trust your instincts

Catching these warning signs early can help your baby get the right treatment. If questions linger about whether mistakes were made during delivery, you deserve answers. Consider seeking advice from an attorney experienced in birth injury cases. They can help you understand your options for seeking the resources your child may need.]]>