In People v. Clark, Janssen Malloy LLP represented a victim of a sexual assault. Pursuant to statute, victims of Penal Code (PC) section 288 are entitled to recover in criminal courts for pain and suffering as part of restitution. PC section 1202.4(f)(3)(F) provides for the recovery of non-economic losses, including but not limited to psychological harm caused by a violation of … Read More
In Fenimore, The Court of Appeals Limits The Scope of Worsham
In Worsham v. O’Connor Hospital (2014) 226 Cal.App.4th 331, a patient brought an action against a hospital for elder abuse claiming that, as a result of understaffing and undertraining at the hospital, Worsham suffered a fall, breaking her hip. In a case nearly devoid of analysis, the Worsham court held that allegations of inadequate staffing were nothing more than allegations of “professional negligence” and … Read More
Advocating for Victims in a Companion Criminal Case
Often in personal injury and wrongful death cases the District Attorney’s (“DA”) office will be in a position to consider filing criminal charges. In such circumstances the attorney you hire to represent you in the civil case should protect your rights and give voice to your concerns in the associated criminal case. The concept of crime victims having specific rights in … Read More