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October/November 2022
There’s a New Law in Town THE NEW MEDICAL MALPRACTICE LAW DOUBLES WRONGFUL DEATH DAMAGES
Failure to treat a patient, anesthesia errors, emergency room and hospital mistakes, medication errors, and birth injuries are just a few of the many complications that fall under medical malpractice. In fact, any error in diagnosis, health management, dosage of medication, or aftercare is considered malpractice. Medical malpractice occurs when a health care professional or provider neglects to provide appropriate treatment, fails to take necessary action, or provides substandard treatment resulting in injury, harm, or death to a patient. According to the Medical Malpractice Center, between 15,000 and 19,000 medical malpractice suits exist in the U.S. annually.
Medical malpractice laws make it possible for victims of this negligence to recover compensation if they are harmed through substandard treatment. According to a study, medical malpractice cases typically fall under three categories: 26% involve a failure to diagnose, 24% are related to surgical procedures, and 28.5% involve improper treatment. The remaining cases involve an adverse reaction a patient has to anesthesia, an injury at the injection site, or improper monitoring. A new medical malpractice law, AB 35, was signed into effect in California by Governor Gavin Newsom, which significantly increases compensation patients can claim over the next decade. Beginning Jan. 1, 2023, medical malpractice cases that do not involve a patient’s death have a new limit — $350,000, which is set to increase over the next 10 years to $750,000, with a 2% inflation adjustment to follow. If the malpractice case does involve death, the limit will be $500,000 ($1 million over the next 10 years). The previous law had a cap of $250,000 and was only applicable to damages that were not economic in nature. This significant change aims to deliver more accountability, patient safety, and trust in the medical world. “After decades of negotiations, legislators, patient groups, and medical professionals have
THANKS TO THIS NEW LAW, MEDICAL MALPRACTICE IS NOW VIEWED IN A DIFFERENT LIGHT.
reached a consensus that protects patients and the stability of our health care system,” Governor Newsom told news reporters. Individuals and their families place a great deal of trust and faith in medical professionals, and unfortunately, some doctors are unable to live up to the responsibility that comes along with the profession. When they fall short, the consequences can be absolutely devastating and irreversible. At the Law Offices of Elliot Kanter, we are here to fill the gaps and help those affected by medical malpractice to receive the compensation they deserve. Thanks to this new law, medical malpractice is now viewed in a different light. Call today to let us know how we can help! We’ve got you covered.
–-Elliott Kanter
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The Law Offices of Elliott Kanter APC | (619) 231-1883
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Reusable Products That Are Actually Worth It
Maybe reusable grocery bags aren’t your bag, but you still want to save the environment — or even save money. Fear not! These eco-friendly products are sturdy, reliable, and will reduce waste in your home. NO. 1: SILICONE STRETCH LIDS Never buy plastic wrap to cover your food again! If you’re always out of lids or food coverings, a silicone food lid might be the answer you’re looking for. A single lid can fit any size container — even stock pots or half a watermelon. NO. 2: REUSABLE SWAB A package of 1,000 Q-tips will tell you “Do not use this product to clean your ears” — but we know that’s what we’re using them for anyway. If you feel guilty about buying thousands of garbage-destined cotton swabs, give LastSwab a try. It’s an affordable, easy-to-clean, reusable silicone swab that’ll do the job — no guilt involved. NO. 3: DISHWASHING SOAP IN BLOCK FORM Liquid soap has been the standard dishwashing soap for decades, but, believe it or not, a bar of dish soap is just as hygienic. Dish Block by No
Tox Life is vegan soap that has no harsh chemicals or animal-based ingredients, and no excess plastic packaging. Just lather it against your sponge, and you’re ready to wash. NO. 4: BAMBOO DISH CLOTH Did you know that microfiber cloths are non-recyclable microplastics? Instead, consider bamboo washcloths, which can be just as effective and longer lasting. They wash easily after use, and your paper towels will thank you. NO. 5: COMPOSTABLE IPHONE CASES Don’t want your smartphone case collecting dust in a landfill 30 years from now? Consider a compostable case! Pela Case, for instance, uses Flaxstic, which is a flax straw-based bioplastic that is bendy and easy to grip. You might be surprised to find that Flaxstic will protect your phones for up to a 20-feet drop. These are just a few of the eco-friendly products sweeping the nation, but definitely some of our favorites. Giving them a try? Let us know what you think!
A GLIMPSE AT 2 MUST-READS! It’s National Book Month
October is National Book Month — what better time to give not one but two book recommendations? As J.K. Rowling said, “I do believe something very magical can happen when you read a good book.”
completely absent, and former major leaguer fathers who passed on the magic of the game to their sons. Within the pages of this book, baseball players truly come alive! “The Stranger in the Lifeboat” by Mitch Albom is a fast- paced and compelling
The first book I’d like to share and recommend is “The Baseball 100” by
Joe Posnanski. It discusses Posnanski’s top 100 baseball players of all time and takes the reader on a journey through baseball rings and championships — it’s a must-read for any baseball fan. From cover to cover, “The Baseball 100” provides a humanistic viewpoint of
novel that shows us that, sometimes, the answers to our prayers are in the places we’d least expect them. Albom, author of the bestselling memoir “Tuesdays with Morrie,” grabs your attention right away with a quick, uplifting read. It’s a thought-provoking and emotional story of survival, faith, and love as nine people are stranded in a lifeboat after a ship explosion. The story, which features different characters from all walks of life, is captivating, relatable, and sure to keep you hooked until the very end. Once again, Mitch Albom hit a “home run” with this must-read novel!
players’ upbringing and relationships with their fathers — fathers who were highly involved, fathers who were
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Spooky and Safe Halloween Safety Precautions
HAVE A LAUGH
Houses are decorated with spooky spider webs, lighting, skeletons, and jack-o’-lanterns. Pumpkin patches are flooded with excitement, and the kids have their costumes picked out — Halloween has finally arrived! While it’ll surely be a night filled with fun, endless amounts of candy, and playful frights, it’s important to remember that safety is a huge priority on Halloween. According to the National Safety Council, children are more than twice as likely to be struck by a car on Halloween than on any other day. To keep everyone safe and the spirit of Halloween alive, here are some safety tips and precautions to follow! AS A DRIVER, OBEY ALL RULES OF THE ROAD. If you are driving on Halloween, be sure to follow all rules of the road! This includes coming to a complete stop at traffic signals, lights, and stop signs and looking twice for nearby children. Keep in mind that costumes may make them more difficult to spot. Take care to drive the speed limit and avoid driving aggressively or failing to yield to pedestrians or other vehicles in the right of way. DRIVE SOBER. If you plan to drink on Halloween, don’t get behind the wheel of a car — doing so could put your life and the life of others at great risk. Designate a driver instead or call a cab. REMAIN VIGILANT. As previously mentioned, you never know what children may be wearing on Halloween. Children wearing dark costumes are more difficult to see. Be on the lookout for kids running out into the road unexpectedly. You can stay aware of your surroundings by keeping your eyes on the road and limiting distractions. OBEY ALL PEDESTRIAN RULES. When trick-or-treating, ensure you and your children understand and obey pedestrian safety rules. Use sidewalks and remain as far to the right as possible while facing oncoming traffic. Always look both ways before attempting to cross the street. Instill these rules in older children if they are going out on their own and ensure they put safety tips first. GO THE EXTRA MILE. Avoid dark costumes. Your children need to be visible to drivers on the road — bright costumes are the way to go! Caution tape is an excellent alternative for darker costumes. Carry a flashlight and travel in groups while trick-or-treating. A group of children is much easier to spot!
Creamy Baked Pumpkin Risotto
Nothing highlights fall quite like pumpkin-inspired dishes. Grab your blankets, turn on your favorite movie, and enjoy a delicious meal.
INGREDIENTS
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5 cups of low-sodium chicken or vegetable broth
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Salt, to taste
Pepper, to taste
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2 cups Arborio rice
1/2 cup fresh basil, chopped
2 cups of pumpkin, diced
1/4 cup grated Parmesan cheese
1 1/2 cups canned pumpkin purée
2 tbsp mascarpone cheese
2 tbsp olive oil
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1/2 yellow onion, minced
1. Heat the oven to 400 F and arrange a rack in the middle. 2. In a 3-quart baking dish, combine broth, rice, diced and puréed pumpkin, and onion. 3. Season with salt and pepper, then stir until evenly combined. 4. Cover tightly with aluminum foil and bake until water has been absorbed and rice granules are puffed. 5. Remove from the oven and stir in basil, grated Parmesan cheese, mascarpone cheese, and olive oil. DIRECTIONS
Inspired by FoodNetwork.com
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The Law Offices of Elliott Kanter APC | (619) 231-1883
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The Law Offices of Elliott Kanter APC 2445 Fifth Ave., #350 San Diego, CA 92101 (619) 231-1883
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INSIDE THIS ISSUE
JUSTICE FOR MEDICAL MALPRACTICE
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RELIABLE, ECO-FRIENDLY ITEMS YOU’LL LOVE NATIONAL BOOK MONTH CREAMY BAKED PUMPKIN RISOTTO STAYING SAFE THIS HALLOWEEN
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BEST TAILGATING HACKS
TAKE YOUR TAILGATE TO THE NEXT LEVEL
FREEZE WATER BOTTLES. Instead of having to constantly refill your coolers and spend money on bags of ice, you can actually freeze your water bottles. The frozen bottles will keep your drinks and other refrigerated items cool for hours, and then by the end of the game, you will have fresh, cold water to drink. SET UP A HAND-WASHING STATION. This may be one of the most overlooked essentials in tailgating. Though some may settle for a simple hand sanitizer, if you’re cooking with raw meat and marinades, you’ll want to wash your hands with soap and water. Rather than waiting in long lines and missing tailgating time, you can have a “hand-washing station” nearby so you don’t miss out on the action! An empty laundry detergent dispenser or a cooler with a water spout can be filled with warm water for rinsing your hands — just have soap and paper towels on standby. Get in the Game
One of the best parts of football season — other than watching your team dominate the scoreboards — is tailgating! It’s a great time filled with good food, drinks, and friends. The basics are easy to remember (condiments, trash bags, silverware, etc.), but sometimes the innovative and ingenious hacks are what bring the tailgate to a whole new level. USE A TOOLBOX. You can find these in just about any home improvement store and turn them into a tailgating kit filled with all of the essentials. From can openers and spatulas to trash bags and sunscreen, a toolbox can hold everything and anything you may need for the best tailgating experience. It’s also great for keeping everything in one place. You can even keep it in your car so you’re ready to tailgate at any moment.
Try these tailgating hacks this coming football season — or any sporting season! Whether you’ve been showing up to the games for decades or you’re hosting your first tailgating event, these genius hacks will make your next game easy, fun, and one for the books.
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The Law Offices of Elliott Kanter APC | www.enkanter.com
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