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Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Legal Malpractice for California on
Q: I'm pro per, his lawyer was upset with me, trying to get me alone, chased me through the courthouse, scaring me. Legal?

I'm disabled, have PTSD and panic disorder. This stems from his client!

During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More

James L. Arrasmith
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answered on Apr 19, 2024

Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2024

Medical malpractice cases can be difficult. Between the laws that protect doctors and hospitals and their insurance companies, and the nature of medical malpractice cases, not all valid cases can go forward. I suggest you continue to contact medical malpractice attorneys in the state where this... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

As I am sure you have been told, a bad outcome in a surgery does not necessarily mean that your surgeon committed malpractice.

Take your medical records to another surgeon in or near the county where you first surgery occurred and pay him/her to thoroughly review those records to determine...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently found out that I have been miss diagnosed by Kaiser Permanente.

Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?

James L. Arrasmith
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answered on Apr 19, 2024

Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:

1. The nature and severity of your misdiagnosis

2. The impact of...
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1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?

Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:

1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,...
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1 Answer | Asked in Criminal Law, Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Hospice vicarious liability for independent contractors

For hospice fraud by Hospice as General stock corporation (means CEO).

Hospice as corporation bears vicarious liability for independent contractors, as applicable.

James L. Arrasmith
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answered on Apr 18, 2024

In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:

1. Vicarious liability: This...
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1 Answer | Asked in Personal Injury, Federal Crimes, Gov & Administrative Law and Health Care Law for California on
Q: Section 12651 of California FCA.

Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.

What other California... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More

2 Answers | Asked in Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Legally false claim

Hospital committed multiple frauds, that created basis for further fraudulent assessment of patient's health. Apparent, but may be used as distracting factors in regard to non-existent terminal disease.

After discharge from hospital patient was referred by unidentified hospital... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, there are several potential issues that could constitute false claims and healthcare fraud under California and federal law:

1. If the hospital knowingly falsified the patient's diagnosis and health status in order to refer them to hospice care...
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1 Answer | Asked in Real Estate Law and Personal Injury for California on
Q: I live in California. I own my house..well the bank. Adjacent to my property is a 2 rental houses on the same lot.

Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?

James L. Arrasmith
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answered on Apr 18, 2024

In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:

1....
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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
James L. Arrasmith
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answered on Apr 17, 2024

Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:

1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: What are my choices if my medical clinic chooses to dismiss me on based on unfair choices by the nurse practitioners?

I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More

James L. Arrasmith
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answered on Apr 17, 2024

It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:

1. Request your medical records: Under California law, you...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Which specific California FCA statutes in relevance to hospice fraud?

In California Medicare False Claims Act.

Fraudulent misrepresentation of the patient's status of health at hospital, with non-existent terminal disease - for the purpose of fraudulent referral to hospice care.

Which specific California FCA statutes in relevance?

James L. Arrasmith
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answered on Apr 17, 2024

There are a few key California False Claims Act (FCA) statutes that would be relevant in a case of fraudulent hospice referrals and misrepresentation of a patient's health status:

1. California Government Code Section 12650 et seq. - This is the overarching California False Claims Act...
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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: Specific requirements for filing HealthCare Medicare False Claims Act case in California Superior Court.

Case: hospice fraud, abuse of California Medicare.

What are specific requirements for filing HealthCare False Claims Act case in California Superior Court?

What rules of the Court define this process?

FCA cases are filed in chambers. What artifacts are required in addition to Complaint?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, filing a healthcare Medicare False Claims Act (FCA) case in California Superior Court involves several specific requirements. Here are the key aspects:

1. Jurisdiction: FCA cases are typically filed in the Superior Court of the county where the defendant resides, where...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I had a lawyer for my malpractice law suit but made the mistake of giving a bad review and I was dropped. What now?

2 years gone. Never was working on my case. Never informed on what was going on by lawyer. I just wanted to know that I was still her client. So, I thought she was just leading me on and not doing anything. I did apologize but was to late. I removed the post anywhere I saw it. Did not help.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

At this point, you must continue to directly contact malpractice attorneys in the state where the malpractice occurred to see if someone will take on the case.

For other people who read this response online, note, once you complain about an attorney online or if you file a bar complaint,...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

More facts would be needed to provide information. In particular, what harm was caused by the medication and what the doctors did prior prescribing the medication.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
James L. Arrasmith
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answered on Apr 17, 2024

I'm so sorry you're going through this difficult and stressful situation. Misdiagnosis of a miscarriage and being prescribed medication that could potentially harm a pregnancy is a serious matter. Here are some steps you should consider taking:

1. Contact your healthcare provider...
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