Wednesday, May 11, 2011

Orange County Anesthesiologist Accused of Molesting Patients

The Orange County Register has reported that an anesthesiologist suspected of sexually abusing two female patients during surgeries at Placentia-Linda Hospital was arrested  a month after he resigned from the hospital’s staff.  The doctor, Yashwant B. Giri, 58, is facing felony counts of sexual battery and penetration with a foreign object after being taken into custody as he drove away from his Cypress.  Citing official sources, the Register reported hospital employees apparently witnessed Giri sexually abusing a 16-year-old girl in February 2009 and a 36-year-old woman on March 18th of this year.  Investigators allege that he sexually abused the woman during a medical procedure and the girl after a surgery while she was still under the influence of anesthesia.

See the Register story and photo HERE.

According to the California Medical Board website, Giri has been in practice in California since 2004, with no history of discipline.  He received his medical degree from a school in India in 1977, and practices primarily in anesthesiology.  He is apparently not board certified in any medical specialty.  Other than the incident in 2009, it would appear that the hospital administration at Placentia-Linda had no reason to suspect the doctor was a sexual predator.  However, it remains to be seen what investigation was done into the allegations from 2009 and what steps, if any, were taken to protect female patients from being victimized.  Ordinarily, an employer is not liable for the sexual abuse committed by their employees, unless they knew or had reason to know of a propensity to commit such acts.  Assuming the hospital administration failed to take reasonable steps to prevent the victimization of female patients at the hands of Giri, Placentia-Linda may be held liable for the harm the doctor caused.  Obviously, Dr. Giri would be individually liable for his own acts of sexual abuse, if the allegations prove to be true.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual abuse they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling sexual abuse cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual misconduct by a doctor?
  • Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Tuesday, May 10, 2011

Hit and Run Accident in Temecula Area Claims Two Lives

The Press Enterprise has reported a couple was killed late Friday night near Temecula when the car they were driving was reportedly struck head-on by a hit-and-run driver.  Citing official sources, the Enterprise reported the victims in the crash, Carlos and Laurie Castro (both in their 50s), were driving a 2004 Honda Civic east on Glenoaks Road west of Bella Vista Road, just a few miles from their home when the crash occurred.  A westbound 1997 Chrysler Sebring apparently crossed into their lane, striking the Castros’ car head-on.   The driver of the Sebring was described by witnesses as getting out of his car and running from the accident.  According to police, an open container of alcohol was found in the vehicle.  Both Castros died at the scene.  Citing the CHP’s incident information website, the Enterprise story describes the suspect as a Hispanic male, about 30 years old, 5-foot-10, 190 to 200 pounds, with dark, wavy hair, wearing an orange and white striped shirt and white tennis shoes.  Police are asking for the public’s assistance in apprehending the suspect.
See the Enterprise story HERE.

While the accident is still under investigation, it would appear the unidentified driver of the Sebring caused this accident by perhaps committing two unlawful acts:  driving while under the influence and violating the Castros’ right of way by crossing into their lane.  Assuming that the suspect was under the influence (which may difficult to prove at this point), then he could be charged with a number of felonies relative to this accident.  Unfortunately, a conviction will not actually compensate the Castros’ family for their loss.  A civil action for wrongful death would have to be pursued in order to recover monetary compensation for the family.  Under California law, the surviving family members are entitled to seek damages for the loss of society, care, comfort, affection, love and support lost as a result of the fatal accident.  While juries are not called upon to assess the value of human life in such cases, they are assigned the difficult task placing a monetary value on the lost relationship, which is all the law allows.

Compensation for the families of fatal hit and run accident victims should be an important concern for all Californians.  When a carelessly causes an automobile accident and then flees the scene, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one to a fatal automobile accident?
  • Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Are Skechers' Shape-Ups What They Claim?

Like most of us, you have probably seen a number of ads for Skechers’ Shape-ups.  The company touts these toning shoes as being able to improve the wearer’s health in a wide range of ways.  From improving posture to reducing fat, the Skechers’ Shape-ups are advertised as seemingly one of the best investments a consumer could make in their health.

However, studies which suggest the shoes provide little to no benefit are pouring in.  Critics, including licensed health care professionals, have linked the shoes to an increased risk of injury and falls.  One such study by the American Council on Exercise (ACE) was released in July of last year.  According to ACE, all three toning shoes tested (including Skechers’ Shape-ups) showed no statistically significant increases in either exercise response or muscle activation during treadmill trials, when compared to the normal athletic shoes tested.  The researchers found there was simply no evidence to indicate that the toning shoes offer any enhanced fitness benefits over traditional sneakers, despite studies cited by manufacturers seemingly “proving” the toning shoes’ effectiveness.  See the study summary at the ACE website.

As indicated in an earlier post, the Law Offices of Paul W. Ralph has filed what appears to be Orange County’s  first product liability lawsuit against Skechers, as a result of injuries sustained by a Shape-ups wearer.  Since that time, Mr. Ralph has received consumer reports from as far away as Chicago that they have experienced injuries/pain as a result of wearing Shape-ups.  The product liability action here in Orange County will be moving forward in discovery shortly and informative blog posts should follow.

Compensation for the victims of dangerously defective products, including toning shoes, should be an important concern for all Californians.  When a product, such as toning shoes, causes severe injuries or chronic medical conditions, the manufacturer should be held accountable for the injuries and damages they cause.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by toning shoes?
  • This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Tuesday, February 15, 2011

Fullerton High School Teacher Killed in Motorcycle Accident

According to a story in the Orange County Register, a beloved Fullerton Union High School teacher died today, more than three weeks after he was seriously injured during a traffic collision.  Jeff Rupp, a 58-year-old government and philosophy instructor and 2007 teacher of the year, was critically injured after colliding with a car while riding his 2003 Harley-Davidson motorcycle during the evening hours January 19th.  Rupp died just after 2 p.m. Friday, Orange County Coroner’s Office officials said.   The exact cause and location of his death weren’t immediately clear.

As for the circumstances surrounding the accident, police say Rupp was riding northbound on Euclid Street when the driver of a 2004 Hyundai sedan traveling southbound on Euclid made a left turn in front of him in the Malvern Avenue intersection.  Rupp, who suffered head injuries and broken bones in the collision, was taken to UCI Medical Center in Orange in very critical condition.   According to updates of Rupp’s condition posted on the Fullerton Union High School web page, Rupp was moved from the intensive-care unit at UCI Medical Center to a different facility early Friday but remained in a coma and nonresponsive.  Several hours later, the school posted “with a very heavy heart” that Rupp had passed away.

Police do not believe that alcohol, drugs or excessive speeds were factors in the crash but are investigating the driver of the Hyundai for failing to yield. No charges have been filed.
See the full story and photographs HERE.

It is very unfortunate that accidents just like the one above happen with alarming frequency.  Motorcycles simply are not as visible as automobiles and drivers often overlook their approach during their turning maneuvers.  It goes without saying that a motorcycle is no match for even a small passenger car when these accidents occur, and safety equipment (even DOT required helmets) cannot prevent serious injuries or fatalities.  In the situation above, the driver of the Hyundai had an obligation to comply with the requirements of California Vehicle Code § 21801, which provides in part:
(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
It seems a logical inference that the driver of the Hyundai violated this section, unless there are circumstances beyond the operator’s control that would have blocked his view of the oncoming motorcycle.
Compensation for victims of motorcycle traffic accidents, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and causes an accident with a motorcyclist, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured in an automobile versus motorcycle accident?
  • Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Saturday, January 29, 2011

Two Teenagers Struck By Van In Costa Mesa


According to a report in the Orange County Register, two teens went to the hospital Friday after being struck by a van while crossing 19th Street in Costa Mesa.  Citing police sources, the Register reported the two 15-year-olds were “hurriedly walking across” the 700 block of 19th Street outside of a crosswalk at about 9:30 p.m., when they were struck.  Paramedics took both of the victims to Western Medical Center in Santa Ana, where they were treated for concussions, cuts to the head, and bruises to their bodies.  One of the boys suffered bleeding in the brain. Their names and current conditions were not released . Police questioned the van’s driver, Jeffrey Ford, 57 of Costa Mesa.  According to the police sources, Ford was not impaired, and he was released at the scene.  The police will conduct an investigation to determine whether any citations should be issued.

See the full story HERE
The incident above is a perfect example of the kind of pedestrian accident requiring a detailed, reconstructive analysis.  To lay the foundation for that reconstruction, the investigation should initially focus on the speed of the pedestrians and the vehicle.  Then, a sight-distance examination should be done to determine the whether any obstructions or roadway configuration compromised the view the parties to the accident had of one another.  Additionally, since this accident happened at night, the reconstruction must take into account the color of the pedestrians’ clothes, the headlight operation on the van and any ambient or artificial lighting in the area (i.e., streetlights)  Finally, once the speed is determined and the visibility measured, the reconstruction can determine whether inattention by the driver of the car played any role in the happening of this tragic accident.  While the injuries were not described in great detail in the news story, the fact that one of these boys suffered bleeding in the brain raises the question of a permanent, debilitating injury.
Compensation for pedestrian victims of traffic accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a pedestrian, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.
Have you or a loved one been injured in a pedestrian versus motor vehicle accident?
  • Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.