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California Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CCP § 2030.250 (a) vs CCP § 2030.250 (c).

Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between

CCP § 2030.250 (a) vs CCP § 2030.250 (c).

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.

CCP § 2030.250 (a) states:

"(a) The party to whom the interrogatories are directed shall...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

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answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer... View More

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answered on Apr 23, 2024

In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:

1. You did not claim to be a medical professional...
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1 Answer | Asked in Gov & Administrative Law, Health Care Law and Medical Malpractice for California on
Q: Controls and Plaintiff's action against defense of fraud.

What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: How to find out what medical doctors were associated with the licence of hospice corporation?

How to find out what medical doctors were associated with the licence of hospice corporation?

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answered on Apr 20, 2024

To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

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?

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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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2 Answers | Asked in Medical Malpractice for California on
Q: Can you provide malpractice attorney contacts in the Sacramento CA area?

Knee replacement resulted in permanent nerve damage to my foot and I'd like to speak with an attorney.

James L. Arrasmith
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answered on Apr 17, 2024

I'm sorry to hear about the complications from your knee replacement surgery. While I cannot provide specific attorney recommendations, I can offer some guidance on finding a suitable medical malpractice attorney in the Sacramento, CA area:

1. State Bar of California: Visit the State...
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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

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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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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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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

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answered on Apr 17, 2024

I understand your frustration with not receiving your reimbursement in a timely manner. Under California law, health care providers are required to reimburse overpayments within 180 days of receiving notice of the overpayment (California Health and Safety Code Section 1371.1). However, many... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: In this scenario, can motion to set aside dismissal of case be served by mail?

Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.

When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?

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answered on Apr 16, 2024

In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.

If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the...
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2 Answers | Asked in Medical Malpractice for California on
Q: Motion to Set Aside Dismissal against defendant in a medical malpractice case. Type of service of process.

If dismissal against a defendant was entered specifically in the medical malpractice case, can Motion to Set Aside dismissal, pursuant section 473(b) be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, the method of service for a Motion to Set Aside Dismissal in a medical malpractice case depends on the specific circumstances of the dismissal and the case's procedural history.

Generally, if the dismissal was entered by the court and the defendant has not yet...
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1 Answer | Asked in Medical Malpractice for California on
Q: Does CCP 473(b) imply that in medical malpractice case Motion to set aside has to be served personally?

CCP 473(b) states 'case of dismissal or other proceeding determining the ownership or right to possession of real property, without extending 6-month period, when a notice in writing is served within the State of California. "

Does it imply that Motion to Set Aside dismissal in... View More

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answered on Apr 16, 2024

Based on my understanding of California Code of Civil Procedure section 473(b), it does not specifically require personal service of a motion to set aside a dismissal in a medical malpractice case. The section you quoted appears to refer to cases involving the ownership or possession of real... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Notifying court, seeking court intervention re: persistent issues in service by mail for plaintiff in pro per.

There is track record of each and every step.

What statutes and rules of court define process of notifying court and seeking court's intervention if improper service by mail by professional process servers persist?

Question by Plaintiff in Pro Per in hospice fraud case.

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answered on Apr 16, 2024

In California, if you are a plaintiff in pro per (self-represented) and are experiencing persistent issues with improper service by mail from professional process servers, you can notify the court and seek its intervention. The relevant statutes and rules of court that define this process are:... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

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answered on Apr 16, 2024

Yes, under California law, a Motion to Set Aside Dismissal against a defendant can be served by mail. This is governed by California Code of Civil Procedure (CCP) Section 1005(b), which states:

"Unless otherwise ordered or specifically provided by law, all moving and supporting papers...
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1 Answer | Asked in Medical Malpractice for California on
Q: Can Motion for Leave to file Third Amended Complaint be served by mail?

Can Motion for Leave to file Third Amended Complaint be served by mail?

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answered on Apr 16, 2024

Yes, under California law, a Motion for Leave to file a Third Amended Complaint can generally be served by mail. According to the California Code of Civil Procedure (CCP) § 1005(b), moving and supporting papers for a motion must be served upon all other parties at least 16 court days before the... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Summons on proposed Third Amended complaint. Service of process.

Decision on Third Amended Complaint will be made at hearings, scheduled in a few months: for Motion for Leave to File Amended Complaint, and Motion to Set Aside dismissal against defendant, with the proposed Third Amended Complaint enclosed.

When

and how Summons on Third Amended... View More

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answered on Apr 16, 2024

Under California law, the summons and complaint must be served on the defendant after the court grants leave to file the amended complaint and the amended complaint is actually filed with the court. The specific rules for serving the summons and amended complaint depend on the type of defendant and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside dismissal against defendant be served by mail?

Can Motion to Set Aside dismissal against defendant be served by mail?

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answered on Apr 16, 2024

In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:

1. At least 16...
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