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Questions Answered by Eliza Jasinska
2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is a two year non elective surgical postponement grounds for a medical malpractice lawsuit for a SSDI senior.

Torn right patellar tendon that has left me on crutches for over two years in February that has contributed to shoulder tendinitis’s, bone spurs, degenerative lumbar disc disease and daily lower back and shoulder pain. Have reached out to several local attorneys with little or no response. I... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 9, 2023

You should establish a basis for medical malpractice and notify the medical provider of your intent to file a lawsuit. Usually, this should happen within a year of injury, or one year after the victim discovered or should have discovered the injury, or three years of the date of the malpractice.... Read more »

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1 Answer | Asked in Child Custody and Family Law for California on
Q: In a custody battle, My findings and orders after hearings paper was not signed by a judge. Is this order enforceable?

The judge gave custody to the other parent. But when I got the paperwork back, I had a minute order form, but not any signatures from the judge on anything. Is this ruling effective or do I still have custody of my daughter?

Eliza Jasinska
Eliza Jasinska
answered on Jan 3, 2023

Please consult with the family law attorney. Family Code section 3022 requires that upon either party's request in a contested child custody proceeding, the court shall issue a statement of decision explaining the factual and legal basis for its determination. If your minute order expressly... Read more »

2 Answers | Asked in Contracts and Medical Malpractice for California on
Q: In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund?

In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund legal case?

I had an in home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for refund or partial discount. Total billing was... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Nov 15, 2022

Please reach out to an attorney for legal advice. Breach of contract and medical malpractice are complex issues that should be evaluated by an attorney that handles these types of cases.

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6 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: What type of lawyer would handle disputes with insurance companies over car accident involving a fatality?
Eliza Jasinska
Eliza Jasinska
answered on Nov 15, 2022

Please reach out to a personal injury attorney that is able to handle catastrophic cases.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Is there something I can do to move forward with my daughters? Am I able to attend games and graduations?

My ex and I have been in a nasty custody battle for the last 8 years. She has accused me of everything from not feeding my daughters to sexual abuse. All unfounded and untrue. Because I did not have a lawyer and she did, the Judge ordered that I was not to contact my daughters except through... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Oct 17, 2022

Please contact a family law attorney to review your custody agreement.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I am looking for Pro Bono representation for child custody case with other party incarcerated for DV against myself.

Sentenced 10/2018 Parole Eligible 05/2029. We share 3 children under the age of 16. 14, 11, 9. I have affidavits for the older 2 but the last I listed no father. CA CPS Court recognized him as father of all 3. I am looking to obtain SOLE custody of all 3 mainly due to unhealthy communication from... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jun 6, 2022

Please discuss the facts with a local family law attorney. The incarceration of a parent, which sometimes follows an application for a domestic violence restraining order, is a significant factor that will require detailed fact-finding by the court so as to make appropriate orders. This is... Read more »

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1 Answer | Asked in Child Support for California on
Q: I’m a Realtor in California and my license was suspended two months ago due to an error from child support.

My listings and my clients have been on hold also checks for me. I worked one month with a suspended license until a client complained and that’s how I found out.

Eliza Jasinska
Eliza Jasinska
answered on Mar 28, 2022

Please discuss this with the family law attorney. You might qualify for a set aside due to the lack of notice/

A family law litigant may be able to obtain a set-aside of a default and a default judgment for support based on a lack of notice of the action. However, a successful set-aside...
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1 Answer | Asked in Health Care Law for California on
Q: high funct autistic, went to hospital for tooth abscess ended up in ICU on a ventilator code blue sepsis, pneumonia NMS
Eliza Jasinska
Eliza Jasinska
answered on Mar 24, 2022

There are many kinds of medical malpractice cases and each one requires a specialist to evaluate facts and applicable law. Please discuss your particular case with the attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: I was declined to give me colonoscopy when I asked her for it twice after I consulted her with my underlying symptoms,

Which includes blood in the bowel back in January and March, 2021. Then in Mid June, 2021 I was diagnosed with Stage 3 Metastatic Colon Cancer that originated from a polyp that could have been removed from a colonoscopy procedure before it turned into cancer.

Eliza Jasinska
Eliza Jasinska
answered on Mar 23, 2022

Please discuss your case with the attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify that the healthcare... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Is this malpractice?

Uncle passed due to heart attack. He did not have his high blood pressure medicine. His primary care doctor at Kaiser retired and was in the midst of refilling his prescription. He was unable to fill it and passed shortly.

Eliza Jasinska
Eliza Jasinska
answered on Mar 6, 2022

There are many kinds of medical malpractice cases and each one requires a specialist to evaluate facts and applicable law. If your loved one was injured while receiving care from a medical professional, please contact medical malpractice attorney immediately for a free evaluation.

Some of...
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4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Eliza Jasinska
Eliza Jasinska
answered on Feb 25, 2022

Please contact the medical malpractice lawyer right away and discuss the case. In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of the action shall be three years after the date of injury or one... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: How can my husband adopt my son, his stepson.

My son is 14, he has never met his biological father and has no father listed on his birth certificate. My son and my husband want this adoption. My son wants to change his last name to our last name.

Eliza Jasinska
Eliza Jasinska
answered on Feb 12, 2022

It is a fairly simple process. Custodial parent and stepparent will fill out court forms, there will adoption investigation, consents must be obtained. The court will schedule a hearing. You will get a copy of the adoption order from the court, and the amended birth certificate will be mailed to... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I have primary physical custody at an 80/20 timeshare. We want to move out of CA. What are my chances of winning?

I have not filed yet but have been talking to the other party about the move. My child is 10. I currently homeschool him and I work remotely. My parents, grandparents and sister’s family are also moving. We all want to live close by in tennessee. They are our main support system. The other party... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 12, 2022

In general, when the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that the change of custody will be in the... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for California on
Q: My divorce papers say my ex and I have to split the property that is in the house. Our divorce was final in July 1, 2019

He hasn't live in the home since end of December of 2019. I told him he needs to get his stuff out of the garage and he is wanting to get half of the property in the house. I believe that it's been abandoned and that I am being nice letting him get stuff from the garage. I told him he... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 8, 2022

Please discuss with an attorney. The answer depends on the details in your MSA. An attorney must review your agreement in order to properly advise you of your rights and obligations. In general, as soon as practicable after the effective date of this agreement, the parties will meet for the purpose... Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: My soon to be ex-wife of 4 years refuses to become a citizen and plans to use the affidavit of support against

She refuses to become a citizen in order to use the affidavit against me. She cleans houses and does not have earned credits, has been lying to the court in our divorce case claiming we were married in 1994 when in reality we married in 2015-as noted on her immigration application. She is... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 6, 2022

Please discuss your case with a competent family law attorney. In general, in addition to considering the marital standard of living when ordering long-term spousal support, the court must consider all of the following 14 circumstances (also called "4320 factors") that apply to the... Read more »

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4 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Nursing Home Abuse for California on
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.

The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 6, 2022

Please have your mother evaluated by a qualified doctor and document all of the injuries. Having a complete set of medical records is crucial in any negligence case. Abuse and Negligence can occur at home, home health agencies, assisted living facilities, residential care facilities, skilled... Read more »

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1 Answer | Asked in Family Law for California on
Q: I have joint custody. Trying to move out of state. Doesn't state full legal. But I have full decision for school n medic

Joint custody. I have full medical and school decisions. But doesn't specify as full legal. Can I move out of the state?

Eliza Jasinska
Eliza Jasinska
answered on Feb 4, 2022

Please discuss your case with a family law attorney. When the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that... Read more »

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a vehicle accident that was not my fault. Totaled my vehicle and fractured my sternum how long will it take?
Eliza Jasinska
Eliza Jasinska
answered on Feb 3, 2022

Compensatory damages could include medical bills, the missed from taking too many sick days, and pay lost in the future from a reduced capacity to work. Also, many courts will consider many different types of injuries. For example, if the plaintiff was badly frightened and suffered nightmares,... Read more »

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1 Answer | Asked in Child Support for California on
Q: Can I File A Motion For Modification On My Child Support Order without a Lawyer?

On August 2021 I Got served for Child Support. I then missed all the mail that was sent to my home because I Had Moved Out for a few months for personal reasons. So without being aware , its turns out they had sent mail for me to apear in court On Dec 22nd for the 1st hearing . I was completely... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

Please discuss your case with an attorney. A modification may be retroactive at most, however, to the date of service of the notice of motion or order to show cause. There are neither equitable nor statutory grounds to modify child support before the date of filing of the motion, and the court may... Read more »

2 Answers | Asked in Family Law for California on
Q: I have a spousal support modification hearing March 1st. I just found out my terminally ill mother will be passing in

the next few few weeks. I thought I could ask the court for continuance so I can fly back to the east coast for her passing/ funeral. I am now being told there would have to be an exparte hearing because the other party won't agree to it and more than likely he will ask for Temporary orders... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

The purpose of a request for emergency orders is to address matters that cannot be heard on the court's regular hearing calendar. The process is used to request that the court make orders to help prevent an immediate danger or irreparable hard to ta party or to the children involved in the... Read more »

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