little more than it usually did for any previous donations and ended up not being able to finish my donation because one of the nurses said I had a hematoma in my arm and ended up having to wait an extra added 30 minutes and now my arm is turning purple around the insertion site on my arm and it... View More
answered on Jan 27, 2024
While hematomas can be non-serious, it could be something serious. I would get checked out by a medical doctor.
The injury itself can happen with or without malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor... View More
answered on Jan 23, 2024
Could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your... View More
What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?
answered on Jan 20, 2024
It would be a motion for protective order.
Many grounds are possible, including the person may not lawfully be deposed, the notice was not proper, and other reasons including those that are case specific.
The way to analyze how to stop a deposition would be to start with the... View More
I had a tooth filling last December. 2 days after, i felt there are sharp edge on the filled tooth & went back to the dentist to smooth it out. Next morning when i floss my tooth, I felt that tooth become very sensitive & have problem chewing on hard food. I went back to the dentist again... View More
answered on Jan 18, 2024
It might be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of medical malpractice cases, the extent of the injuries may affect the... View More
The 22 year old passenger in the passenger rear seat did not want to put his belt on, and caused damage to the front passenger, and me the driver, upon collision. I am now being sent invoices from two of the passengers insurance companies that I am to pay for the ambulance fees, in the amount of... View More
answered on Jan 9, 2024
Hopefully you had insurance. Turn this over to your insurance. You may also want to hire your own attorney to oversee that the insurance company is protecting your interests.
If you had no insurance, hire your own attorney right away.
If plaintiff requests consolidated hearing on two motions, can motions be consolidated into one document? Please provide CCP or california rules of court that defines consolidated hearing procedural rules.
answered on Jan 5, 2024
Practice manual state that each motion or demurrer should normally be set forth in a separate document. But, CRC 3.1112(c) states a motion, notice of hearing and points and authorities may be combined in a single document “if the party filing a combined pleading specifies these items separately... View More
Is precedent and landmark case synonyms? Is seminal the same as persuasive? What are differences between the definitions?
answered on Jan 1, 2024
Precedent in reference to a case means the case determines an issue and can be used as authority.
These are the decisions of a court that are thought worthy enough to be used as models for future cases.
Seminal when referring to a legal case means it is either the first or main... View More
Some details will be light for privacy’s sake.
I have a history of melanoma.
I pointed out a spot to my dermatologist that ticked a lot of boxes for something suspicious but they diagnosed it as inflammation.
I came back 2-3 months later since it wasn’t healing. The... View More
answered on Dec 27, 2023
Yes you may have a case.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of medical malpractice cases, the extent of the injuries may affect... View More
My toddler went to visit a Kroger little clinic for a stomach ache and diarrhea that continued past a week. Woke up the next morning with a nose bleed, so we took her to the Emergency, where no one understood why she was prescribed azithromycin.
answered on Dec 13, 2023
Where a health care provider
breaches the standard of care
and the breach causes harm, there may be a medical malpractice case.
Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider... View More
answered on Dec 12, 2023
While such a case is possible, there are two hurdles that may be difficult to overcome.
First, you must prove they did something wrong. Bruised can happen without (and with) malpractice.
Second, your harm must be sufficient to warrant a lawsuit and what you describe may not be.
Claim against me for a car accident I was in last year. The issue is I was never in accident. I followed up with my insurance today and they claim the other parties lawyer , car insurance and police department won’t release accident report to my car insurance? I’m very confused and just don’t... View More
answered on Dec 12, 2023
Your insurance company is required to keep you informed and provide to you information.
Unfortunately, even though you do not want to be bothered, this is something that can happen. You should be able to obtain from the insurance company the claim made by the allegedly injured person.... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More
answered on Dec 1, 2023
What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.
Certain costs may be... View More
Run down or a detailed from the time I went in for the surgery until when I was released to go home?
answered on Nov 30, 2023
It is helpful to state:
1. The name of the doctor and the city of the practice.
2. What the doctor did wrong.
3: What future treatment, wage loss and other harm will there be due to the malpractice.
4. The date of the malpractice and the date you discovered the malpractice.
answered on Nov 20, 2023
In most circumstances, pursuing Kaiser must be done through Arbitration.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Due to the nature of medical... View More
Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.
answered on Nov 19, 2023
It would probably not be a viable case.
The first issue is did the doctor commit malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
The second issue... View More
answered on Nov 2, 2023
Medical Malpractice cases are generally taken on a contingent (percentage of recovery) attorney fee.
California's statute of limitations (deadline to file a lawsuit) is one year. When the one year starts requires a technical analysis, and may be after the time the malpractice... View More
Patient suffered from Ventricular tachycardia rhythm, family was at bedside during event ICU team informed family that they was going to wait to see if patient would come out on her own. Family insisted on converting patient or bring in electrophysiologist. After 3 hrs of waiting they finally... View More
answered on Oct 26, 2023
Yes this is a potential case. While doing what the patient or family instructs might not be malpractice, what you describe does indicate there may be malpractice.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be... View More
In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More
answered on Oct 18, 2023
Attorney Arbitration Clauses have to meet certain requirements to be valid.
If valid, they would go into a private forum arbitration. If the arbitration firm is not named in the agreement, any private firm providing mediation services, or private mediators may be used.
If it is a... View More
I had gone into an urgent care experiencing intense lower back pain from seizing muscles, nausea/vomiting, and hot/cold flashes with absence of a fever. While trying to let the provider know about my symptoms, I was unable to inform them of anything past my back pain due to being interrupted and... View More
answered on Oct 13, 2023
Yes you may sue. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.
My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited... View More
answered on Oct 2, 2023
Yes a legal malpractice case is possible.
The first question is did the attorney act below the standard of care (malpractice).
The next question is did the attorney's malpractice cause you harm, that is does it cost you money.
You are required to mitigate your... View More
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