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Oakland California Legal Blog

You've Been Sexually Harassed: How Do You Tell Your Sexual Harassment Story?

Part 3 of 7 of a series on "How the Law Can Protect You from Sexual Harassment" by Randall E. Strauss, Esq., Gwilliam, Ivary, Chiosso, Cavalli & Brewer

Every story has a beginning, a middle and an end. For victims of sex crimes, the story begins with what they once had, and it ends with what they have lost. In the middle is what happened to them, an event or series of events they must share with others in order to achieve justice and healing.

For a victim of workplace assault or harassment, telling your story can be overwhelming. As you reel from loss of safety, security and self-identity, you may feel that keeping records and filing reports is virtually impossible. Those steps, however, can be powerful tools for moving forward, as well as for obtaining legal relief.

You've Been Sexually Harassed: What Are Your Rights?

Part 2 of 7 of a series on "How the Law Can Protect You from Sexual Harassment" by Randall E. Strauss, Esq., Gwilliam, Ivary, Chiosso, Cavalli & Brewer

Sexual harassment has been around forever, but legal protections for victims are surprisingly recent. The civil rights movement, the women's movement, and a groundswell of victims' stories and protests became the catalysts society needed to finally realize no one deserves to be insulted, threatened or demeaned, including in the workplace.

Laws protect employees from conduct that unreasonably interferes with their job performance. Getting a job, keeping a job or retaining job benefits are no longer contingent on submitting to unwelcome sexual advances or other harassment.

Sexual Harassment: What Is It?

Part 1 of 7 of a series on "How the Law Can Protect You from Sexual Harassment" by Randall E. Strauss, Esq., Gwilliam, Ivary, Chiosso, Cavalli & Brewer

It's about time: Actor Kevin Spacey faces criminal charges; comedian Bill Cosby has been convicted; film mogul Harvey Weinstein and CBS president Leslie Moonves are on the Hollywood blacklist; and TV news personalities Matt Lauer and Charlie Rose are off the air.

But for most people not working in the upper echelons of Hollywood, sexual harassment continues to occur in the workplace. Three quarters of women in the military say they've personally experienced sexual assault or sexual harassment and Google employees worldwide recently protested their company's failure to take high-level harassment seriously.

When the #MeToo movement made headlines two years ago, the country was forced to wake up to the magnitude of a problem that had been kept secret for decades. "It's about time," wrote U.S. Supreme Court Justice Ruth Bader Ginsburg. "For so long women were silent, thinking there was nothing you could do about it, but now the law is on the side of women, or men, who encounter harassment, and that's a good thing."

The link between medical malpractice and cerebral palsy

When infants aren't receiving enough oxygen during labor and delivery, it could lead to serious health problems, including cerebral palsy. Other causes of cerebral palsy during birth include asphyxia, trauma during birth, and premature delivery. Its lifelong impact on the child and parents is not only emotional but also financial. Even though some births resulting in cerebral palsy is no one's fault, approximately 10% of these births are due to medical malpractice.

What is cerebral palsy?

Woman's kidney mistakenly removed during back surgery

A Florida woman suffered from back pain for years after a car accident. In April 2016, she checked into a regional medical center to get her lower back bones fused to relieve her pain. However, a surgical error led to her leaving the Florida hospital with only one kidney.

New study finds Oakland, CA has high rate of distracted driving

A recent study dug into the rate of distracted driving throughout the country. One portion of the study looked specifically at the rate of distracted driving incidents in big cities. It examined data from Chicago, Los Angeles, Boston, Miami, New York and other, similarly sized cities.

The researchers found that the Oakland area was one of the top locations for distracted driving practices.

Are California's medical malpractice damage limits going national?

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California laws governing how medical malpractice claims are handled legally were changed in 1975 in response to alleged concerns over rapidly increasing costs medical professionals faced for insurance coverage. Although limits on medical malpractice damages has been a conservative talking point in Congress for the last several decades, the debate has been kickstarted by medical provider advocacy groups and this time the U.S. Congress is listening.

New proposals are on the table that would force every state to institute or increase restrictions on lawsuits for medical negligence. California's Medical Injury Compensation Reform Act (MICRA) is often held up as the model which other states should be forced into following.

In this post, we'll take a look at one aspect of California's 40 year old MICRA and why it has been harmful to medical consumers since its passage.

Injured on vacation: is your hotel responsible?

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Every year, millions of people from around the world visit California for vacation, business or to visit relatives. Once here, visitors need a place to stay, so they spend millions of dollars on hotel rooms and similar accommodations.

No matter how much a guest spends on a hotel room here in the Bay Area, the hotel's owners have a legal duty to keep the guest reasonably safe. Rooms and common areas must be maintained and kept free of dangerous defects and conditions. Floors, parking lots and sidewalks must be kept dry and clear of debris to minimize the risk of a slip-and-fall accident. Elevators must be regularly inspected and maintained. Smoke detectors and fire extinguishers must be in working order.

Buyer beware: not all stem cell treatments are created equal

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Stem cell research has been a growing area of medical science for years-with real promise of bringing remedies to many of the world's incurable diseases. Scientists are exploring the practice of injecting patients with placental and umbilical cord blood-which is uniquely rich in stem cells. The treatment has life-saving potential for patients suffering from blood disorders, blood cancers and immune disorders-among other ailments.

In recent years, however, a different type of treatment has cropped up across the nation-which goes by a similar name but has potentially devastating consequences. Practitioners of this treatment, involving taking adult stem cells from one area of a patient's body and injecting them into another, problem area, admit that no applications, or potential applications, using these autologous stem cells are approved by the FDA, or are even effective. The theory behind the practice is that the injection of healthy cells will work to regenerate the unhealthy ones. This form of treatment has scientists and federal agencies legitimately concerned.

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