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Questions Answered by Joel Gary Selik
2 Answers | Asked in Personal Injury and Medical Malpractice for Louisiana on
Q: Went donate at BioLife today and while getting set up on the machine while the nurse was inserting the needle it hurt a

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Dentist pulled two teeth but one at the bottom was extracted and put a hole in neighbor tooth and didn't say anything
Joel Gary Selik
Joel Gary Selik
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

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?

What are legal ground to file motion to quash defendants's deposition notice in California Superior Court?

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does this count as dental malpractice and should I fill a claim?

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

Joel Gary Selik
Joel Gary Selik
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...
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3 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I was a 17 yo driver in accident with 3 passengers. Two were 17 and one was 22. All 3 were taken away by ambulance.

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

Joel Gary Selik
Joel Gary Selik
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.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Motion(s) requesting consolidated hearing. California superior court.

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.

Joel Gary Selik
Joel Gary Selik
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

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Precedent, landmark case, persuasive case, seminal case.

Is precedent and landmark case synonyms? Is seminal the same as persuasive? What are differences between the definitions?

Joel Gary Selik
Joel Gary Selik
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...
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1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: Does a delay of melanoma diagnosis constitute malpractice?

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

Joel Gary Selik
Joel Gary Selik
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...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: What can I do about a nurse practitioner prescribing azithromycin for what they thought was a stomach parasite?

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.

Joel Gary Selik
Joel Gary Selik
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...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Tennessee on
Q: Can I sue a plasma donation center for a severe bruise due to them putting needle in wrong
Joel Gary Selik
Joel Gary Selik
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.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for New Jersey on
Q: Very odd question. About a month ago I received a call from my car insurance company stating their was a bodily injury

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

Joel Gary Selik
Joel Gary Selik
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....
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3 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick

Run down or a detailed from the time I went in for the surgery until when I was released to go home?

Joel Gary Selik
Joel Gary Selik
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.

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.

Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.

Joel Gary Selik
Joel Gary Selik
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...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can you get a contingency on a malpractice lawsuit if it goes beyond a year since incident?
Joel Gary Selik
Joel Gary Selik
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...
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1 Answer | Asked in Elder Law, Health Care Law and Medical Malpractice for District of Columbia on
Q: can hospital be sued for neglected if they failed to cardiac convert a patient that request to be converted

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

Joel Gary Selik
Joel Gary Selik
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...
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5 Answers | Asked in Legal Malpractice and Arbitration / Mediation Law for California on
Q: If Attorney/Client have a valid Arbitration Clause between them in California, can the case be heard at a private forum?

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can a Physician's Assistant working for an urgent care be sued for malpractice?

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

Joel Gary Selik
Joel Gary Selik
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.

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1 Answer | Asked in Legal Malpractice for Texas on
Q: If a disability attorney ruined my disability case. Will I be able to file a legal melpractice on him?

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

Joel Gary Selik
Joel Gary Selik
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...
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