Areas of Practice

CLASS ACTION LAWSUITS

 

A class action is a civil court procedure under which one party, or a group of parties, may sue as representatives of a larger class. Class actions in Federal Court are governed Federal Rule of Civil Procedure 23. Class actions allow attorneys to vindicate the rights of a large group where no individual party has sufficient economic incentive to bring suit on his/her own. Oftentimes, these cases involve automobile defects, hidden credit card or telecommunications charges, drug/pharmaceutical drug overpricing, defective pharmaceutical drugs, insurance fraud and securities fraud.

The attorneys at the McNulty Law Firm are knowledgeable and proficient in handling class action lawsuits as well as complicated business torts. If you or someone you know feel that you’ve been a part of a group that has experienced a wrong-doing, contact the McNulty Law Firm for a free consultation.


COMPLICATED BUSINESS TORTS

 

If you or your company is involved as either a plaintiff or defendant in a complicated business litigation matter, contact us to discuss your case. The McNulty Law Firm has handled such diverse matters as acting as liaison counsel for Asia Pulp & Paper in a shareholder suit; advising Hong Kong counsel in a contested Macau merger/gaming and hotel dispute and representing individuals and businesses in litigation, involving allegations of fraud, breach of contract and interference.


ELDER ABUSE

 

The 1987 Nursing Home Reform Act was created to protect the elderly from mistreatment, abuse, and neglect. This collection of laws defines standards of care for nursing homes and assisted living facilities. The Nursing Home Reform Act requires that each nursing home resident be provided with an individual care plan, nursing and social services, medical and pharmaceutical care, dietary/nutritional services, rehabilitative services, daily hygiene and assistance with all activities of daily living.

The goal of this legislation is to insure that nursing home staff and owners will take extra care to provide a safe environment that will promote health and well being of elderly residents. When the nursing home staff or managers do not uphold this standard, and their negligence or wrongful actions lead to injury or illness among residents, the nursing home is guilty of nursing home abuse.

For the last 15 years, the McNulty Law Firm has represented victims and their families who suffered from elder abuse and neglect. A recent study reported that 11% of people older than the age of 60 who were intellectually normal, were subject to abuse. The percentage is much high in older adults who have intellectual, physical and emotional impairments. The National Center on Elder Abuse (NCEA) reports that more than one million Americans over the age of 65 have experienced some type of abuse, neglect or exploitation by caregivers.

Severe cases of physical abuse or neglect come in the form of broken bones, bedsores and paralysis or death. Most victims of elder abuse suffer in silence. For every one case of reported abuse, five additional cases go unreported. Because of this, it is important for caregivers and family members to know the signs of elder abuse. If you suspect that a loved one or somebody that you know has been a victim of elder abuse, contact the McNulty Law Firm.


MEDICAL MALPRACTICE

 

Medical malpractice, in general, is any act or failure to act by a member of the medical profession that results in harm, injury, distress, prolonged physical or mental suffering, or death to a patient while that patient is under the care of that medical professional. Usually harm must be proven to have occurred.

In California, a doctor is negligent if he/she fails to exercise the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful doctors would possess and use in similar circumstances. While most medical providers do offer excellent medical care, some providers do not hold themselves to a requisite standard of care. When these medical professionals fall below this standard of care, they may be liable for medical malpractice. Physicians, nurses, all members of hospital staff, and any other individuals providing care to a patient may be liable for medical malpractice.

Examples of medical malpractice can include hospital acquired infections, negligent care, surgical or anesthesia mistakes, hospital mistakes, failure to diagnose, a failure to gain informed consent prior to an operation, improper treatment of a disease, misuse of prescription drugs and many other issues. At McNulty Law Firm, we have an excellent track record dealing with many types of medical malpractice. We have successfully litigated against hospitals, doctors, nursing homes and others who have committed malpractice resulting in serious injury or death. We specialize in cerebral palsy/brain injury obstetric and pediatric cases.

If you have suffered a significant injury or have a loved one who has suffered a significant injury or death due to medical malpractice, please contact McNulty Law Firm for a free consultation. While our primary practice is in California, we handle significant injury and death medical malpractice cases throughout the United States and its territories.


NATIONAL LITIGATION

 

If you or a family member has taken Beovu, Elmiron, HIV Medications, Singulair, Taxotere, Zantac, or other prescription drugs or been exposed to Asbestos and developed or passed away due to mesothelioma, please contact us to discuss your case.


PRODUCT LIABILITY

 

Product Liability cases involve injuries or death caused by a product defect. Often, through neglect or a desire to save money, manufacturers and other companies create products that injure and kill people. Often, such cases involve a “strict liability,” meaning that whether or not negligence has occurred, the manufacturer is still liable. If a defect in the product results in injury or death, then the manufacturer or defendant can be held liable. We have successfully represented individuals who suffered catastrophic injury or death as a result of defects in automobiles, aircraft, industrial blenders, washing machines, motorcycles, ATV’s, watercraft and a host of other industrial/workplace machinery and equipment.