Encino Head Injury Lawyer
At the Law Offices of Elia J. Castranova, we are strong advocates for accident victims and their families. We have the experience, skill and determination needed to get results for our clients.
- The Castranova Law Offices obtained a large settlement when I was hurt by a drunk driver even though I had no car insurance.
- Mr Castranova went to trial on my case and was victorious when the other party tried to wrongfully take my home.
- Mr Castranova got my son a generous settlement in court when he was injured in a school ground accident, he can now have a more secure future.
- Mr Castranova will fight for you in court. He got me settlement of over $700,000 when the bus company that injured me did not want to compensate me for my injuries.
We want to help you get the medical care, rehabilitation services and compensation you need to rebuild your life.
Help for Brain Injury Victims
Forgetfulness and inability to concentrate are typical symptoms of concussion or mild brain injury. In more serious cases, the injury victim may exhibit irritableness and emotional outbursts as well. People who have suffered traumatic brain injuries may have difficulty speaking or functioning as they previously could.
Elia Castranova will put a priority on helping your loved one get the medical care and rehabilitation services he or she needs to recover to the fullest extent possible. We can arrange for the injured person to be evaluated by a neurologist or neuropsychologist or other medical specialist who can determine the course of treatment your loved one needs. We will also make a full accounting of all of the economic and non-economic losses incurred for inclusion in your claim.
With You All the Way
A serious brain injury changes lives forever. Suddenly, the loving person you once knew has changed in subtle and dramatic ways. Attorney Elia J. Castranova and staff understand the stress and uncertainty that injured people and their families experience as they deal with the new reality of their lives. We will provide compassionate counsel, responsive service and aggressive legal representation designed to help you obtain maximum compensation for all your losses. We will be with you all the way.
Free Consultation With a Lawyer
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In my years of practice I have represented numerous clients with head injuries running the gamut from minor trauma to severe injuries resulting in death. When presented with a case where the client is complaining of headaches, nausea, memory problems, fuzziness, etc., it is intrumental that the attorney assure proper evaluation by medical professionals to confirm or rule out any possible head injuries. Head injuries may not present themselves immediately, and sometimes take lengthy periods of time to fully reveal them MEDICAL NEGLIGENCE
The most important thing to understand regarding cases of Medical Negligence or Malpractice in California is that there is a very restrictive law called the MICRA Law that was passed in 1975. This MICRA Law favors the doctors and hospitals rather than the injured victim of the medical malpractice incident. The first, and perhaps most important part of this law, is that it limits the time you have to bring a lawsuit to one year from the date of injury, or discovery of injury (with a maximum of three years total from the time of the injury) rather than the two years California allows in other injury cases. So in cases of medical malpractice if the victim waits too long after the injury to file a suit, there will be no chance of recovering any damages regardless of the severity of the injury. The other implication of this law is that in medical malpractice cases, no matter how terrible the injury is, even if it is a lifelong injury that paralyzed the patient or will require 24 hour care, damages are limited to only 250,000 dollars for the pain, suffering, and disability the victim will endure for their entire life. This does not include economic damages such as loss of earnings and medical bills, which can be recovered as well. This law was passed back in 1975 and there has never been an adjustment for the cost of living despite inflation devaluing this maximum recovery limit time and time again.
In such cases of Medical Negligence, our office must make sure that the case is a strong one, where we can virtually guarantee the maximum recovery of 250,000 dollars, or more if there is economic damages. The financial investment on the part of my office in pursuing these cases is very high, often ranging from 50-100,000 dollars, none of which is recovered if we fail to collect for our client. Even though there are very high numbers of malpractice incidents due to negligence on the part of medical professionals and studies have shown that this is a leading cause of death in hospitals in the US, these cases can be very difficult to prove. In order to achieve recovery in medical malpractice suits, the burden lies with us to show that the doctor or hospital caused the injury by treating the patient below the standard of care, which can be very difficult to do.
In my many years of experience I have represented numerous clients for wrongful death, botched surgeries, and a variety of other types of medical malpractice suits. With the one year window for filing medical malpractice suits in mind, it is instrumental that any suspicions of injury due to negligence or medical malpractice be investigated immediately. Often what will happen is that the client, or their family member will seek medical help from another doctor, who might make an off handed comment like, “This should have never happened,” or some other statement indicative of malpractice.
When bringing a medical malpractice complaint to an our office it is integral that you prepare ahead of time by trying to obtain all medical records from the doctors and hospitals involved in the case. This allows us to evaluate the case and seek consultation from trusted experts, both of which would be impossible without the adequate records needed for thorough discovery. It is well known that under both California and federal law, a person has the right to privacy regarding their medical records, but perhaps less understood is that they also have a right to get copies of those record upon demand, for free. So if a doctor or a hospital is telling a patient that they have to wait to get the records for an inordinate amount of time, that the records are unavailable, that they should have an attorney request them, or are in any other way resisting supplying the records, they are in the wrong and the patient should insist on their rights and demand the records. Unless the records are kept off site the records should, in my opinion, be supplied almost immediately, and even when off site, a week or ten days at the very most. If it is taking two, three weeks, or thirty days, etc, there may be something wrong… I have seen many cases of tampered with medical records where doctors have changed records during or even after a surgery to make their actions appear more favorable.
I had one case in particular involving a wrongful death due to medical malpractice where the patient had given consent for a gall bladder surgery only via a minimally invasive laparoscopic procedure. But during the surgery, the doctor decided he needed to use a more traditional procedure where he opened the patient up. Instead of just sewing him up and getting the consent for the more invasive procedure or just doing the open procedure and saying that it was an emergency situation, he actually changed the records to make them reflect that he had consent to perform the surgery as an open procedure and had a nurse initial and timestamp that she was a witness to his consent. Fortunately it was rather easy to prove the fraudulent consent because the doctor quite foolishly used a timestamp that reflected a time where the anesthesia records show that the patient was under anesthesia, and therefore obviously unable to give consent. Needless to say, when I returned to my office after deposing the doctor, I found a faxed offer from the doctor’s insurance company who were previously refusing to offer compensation for my client’s injuries. I have had clients with severe head injuries even though their heads did not actually strike anything during the accident.
I had one case recently where a young woman was rear ended. The impact was quite intense, completely destroying the back area of the car, but it left the occupant compartment unaffected. Still, during the accident, high velocity forward and backward movement of her head caused her brain to hit the inside of her skull. This kind of injury, called a contrecoup head injury. can cause a variety of trauma varying from minor contusions to major injuries including bleeding, microscopic tears in brain tissue or even major tears in tissue. When a patient goes to the emergency room in this kind of situation, a hospital may do a CT scan to check for bleeding or fractures in the skull, but the CT does not necessarily show damage to the tissues, which an MRI might. Often even when an MRI does not show signs of injury, the client may continue to show symptoms of something being wrong. In these cases, we have a neuropsychologist who can through a series of tests determine if there are cognitive problems (problems with the person’s perceptions or interactions with the world) that they did not have before the accident.