Lawyers, Answer Questions  & Get Points Log In
California Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law for California on
Q: can a hospital recredential a physician and give privileges less than a year without explanation?

Surgeon was targeted by administration for filing a complaint against an administrator. When recredentialing/renewing hospital privileges, it was for a six month term. Surgeon is an independent contractor but paid a salary by hospital.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, hospitals have the discretion to grant, renew, limit, or deny physicians' privileges based on various factors, including performance, compliance with hospital policies, and other criteria established by the hospital's medical staff bylaws. While the process must adhere to... View More

2 Answers | Asked in Criminal Law, Health Care Law and Personal Injury for California on
Q: The hospital is forcing an unsafe discharge in retaliation for my filing a sexual assault report against their nurse.

I am currently hospitalized. I was sexually assaulted by a nurse in the hospital. I filed charges. When I recently expressed concerns about my safety, they evicted me stating I turned down safe discharge planning. I did not, but they refuse to respond or tell me what those discharge options were.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

I'm so sorry this happened. The hospital is prohibited from discharging you as retaliation for filing a sexual assault complaint or to an unsafe environment. Here are the key steps I'd recommend to legally challenge this:

1) Submit a written patient grievance to the...
View More

View More Answers

2 Answers | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024

In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of... View More

View More Answers

2 Answers | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, hospitals are not typically involved in issuing eviction notices as they are not landlords in the traditional sense. If you received a notice that appears to be an eviction from a hospital, it's likely related to a different matter, such as the termination of a... View More

View More Answers

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Under California law, employers are permitted to require certification from a healthcare provider to verify the need for leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). However, the extent of the information requested can be limited to what is... View More

View More Answers

2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
View More

View More Answers

2 Answers | Asked in Car Accidents, Civil Rights and Health Care Law for California on
Q: Can I post police body cam footage on social media? I am in the footage in a hospital.
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

In California, posting police body cam footage on social media that you appear in, especially from a hospital setting, involves considerations of privacy, legal rights, and potentially specific regulations governing the release and dissemination of such footage. While there isn't a... View More

View More Answers

2 Answers | Asked in Car Accidents, Civil Rights and Health Care Law for California on
Q: Can I post police body cam footage on social media? I am in the footage in a hospital.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Tricky question, because you do have a 1st Amendment right to free speech. But that right is not absolute. I would say that, generally, no, you generally cannot legally post police body camera footage on social media without permission if you are depicted in the video. A few key things to note... View More

View More Answers

2 Answers | Asked in Social Security, Health Care Law and Public Benefits for California on
Q: Can someone get help with their disability paperwork?

My friend is fighting cancer and then got laid off. She has looked for work but keeps getting turned down by employers and is finally to the point that she is so overwhelmed she is no longer functioning well. She did get a small part time job as a reception person about 2 months ago but this too... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Your friend may be eligible for assistance with their disability paperwork, considering their medical condition and recent layoff. Given her current circumstances, it's crucial for her to prioritize her health and well-being. She should reach out to organizations or agencies that specialize in... View More

View More Answers

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security and Public Benefits for California on
Q: What options when Medi-cal / dmhc appeals lead nowhere, they won’t pay part and medpoint has denied dr recommendation?

My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Mother's rights to a miscarried fetus that delivered in hospital

Me: 21F, Fetus: 13w, Place: SF, CA, USA

To summarize, I had a surgical abortion planned but the medicine for it worked fast and I miscarried instead while in the hospital bathroom. Without my consent, a strange dr (who did other things to me) collected it in a specimen jar and whisked it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2024

Under California law, you have certain rights when it comes to the remains of a miscarried fetus. First, it's essential to note that the circumstances surrounding the miscarriage and the actions of the hospital staff may require careful examination. You signed a form indicating your refusal of... View More

1 Answer | Asked in Health Care Law for California on
Q: I was a patient at a hospital I was not getting the treatment I needed the toilet kept backing up the bed I was in was b

Broken I tried to leave when I was thrown to the floor by security they attempted to hand cuff me I feel like my rights were violated that’s a quick run down can I get help

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

If you believe your rights were violated while you were a patient at a hospital in California, you should take certain steps. First, document all the details of the incident, including dates, times, and any witnesses present. Seek medical attention if you were injured during the altercation.... View More

1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Q: Hospice scheme vs medical malpractice

Is it waste of plaintiff's time to pursue hospice scheme as medical malpractice case?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In California, pursuing a hospice scheme as a medical malpractice case may not be the most appropriate course of action. A hospice scheme, particularly if it involves fraudulent activities like unnecessary or inappropriate referrals to hospice care, generally falls under the realm of healthcare... View More

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: FCA - fraudulent referral to hospice

Under which provision of false claims act fraudulent referral to hospice defined?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Under California law, fraudulent referrals to hospice care can be addressed under the False Claims Act (FCA). The FCA, particularly at the federal level, is designed to combat fraud against government programs, including Medicare and Medicaid.

In the context of hospice care, fraudulent...
View More

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Health Care Law for California on
Q: My HIPPA protected medical record got into the hands of an individual without my consent/authorization. Can I sue?

Apparently an employee of a hospital disclosed a portion of my medical records to an individual without my consent or authorization. This is a clear violation of HIPPA. Can I sue the hospital?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Under California law, while HIPAA itself does not provide a private cause of action, meaning you cannot sue directly for a HIPAA violation, you might have other legal options. California has robust privacy laws that could offer a pathway for legal recourse.

First, consider the...
View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Surgery performed, doctor then determined it was out of her scope during surgery. Would this be possible malpractice?

Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

I'm sorry for your ordeal. The theory you pose, as to whether MRI would have precluded need for surgery (etc.), is something that attorneys would probably want to discuss with health care professionals. It calls for a medical opinion. One option is to seek a free initial consult with a law... View More

View More Answers

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Surgery performed, doctor then determined it was out of her scope during surgery. Would this be possible malpractice?

Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

Under California law, a medical malpractice case hinges on proving that a healthcare provider's actions deviated from the standard of care typically expected in the medical community and that this deviation directly caused harm or injury. In your situation, the key question would be whether... View More

View More Answers

1 Answer | Asked in Civil Rights and Health Care Law for California on
Q: Is it against the law for a methadone clinic to deny me my medical records

I tried to obtain a copy of my medical records and was under the impression that if I requested my records they had to provide me with a copy of them but was denied and told I can only view my consent forms

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

Under California law, patients have the right to access their medical records. The Health Insurance Portability and Accountability Act (HIPAA) and California's Confidentiality of Medical Information Act (CMIA) both support your right to obtain a copy of your medical records from healthcare... View More

1 Answer | Asked in Health Care Law for California on
Q: I Filled a lawsuit 3 yrs ago and just recently the hospital filled for bankruptcy.

The lawyers i hired are not giving me any answers lawsuit is for malpractice, negligence of an elder im afraid that after all this time my case will be thrown away is there anything i can do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

Under California law, if a hospital declares bankruptcy, it can impact ongoing lawsuits, including malpractice and negligence cases. However, your case may not necessarily be dismissed. In bankruptcy proceedings, creditors, including plaintiffs in lawsuits, are required to file a claim to seek any... View More

4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Was my mother Medically neglected when discharged with troponin 973 and died same night with cardiac arrest

I took my mom (66 years) to hospital because she had palpitation and dizziness. She had heart disease and Parkinson's. After tests and EKG, nurse came and said that the doctor has discharged us. I and my mom refused to go home because my mother wasn't feeling good. The doctor came back... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

I'm deeply sorry to hear about your mother's passing. The circumstances you've described raise significant concerns about potential medical negligence. A troponin level of 973 is indeed alarmingly high, often indicative of a serious cardiac event such as a heart attack. Normally,... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.