Your current state is Virginia
answered on Mar 19, 2024
If you believe you were a victim of medical malpractice and negligence while incarcerated, you may be entitled to compensation. The law requires that inmates receive adequate medical care. If this standard of care is not met, resulting in harm, you could have grounds for a claim. However, these... View More
The surgery was on 5/31/2022 but I didn't see it until I was in his office on 1/23/2024. It looks like I have about 10% left of my medial meniscus. The long operative report says he only worked on the Ganglion cyst. I had an MRI on 6/24/2022 that says there are post surgical changes to the... View More
answered on Mar 18, 2024
Under California law, if a doctor performed a procedure on you that was different from what was agreed upon or medically necessary, you may have grounds to sue for medical malpractice. In your case, if the surgery was intended only to drain a Ganglion cyst and not to remove part of the meniscus,... View More
I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?
answered on Mar 18, 2024
Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More
I had vision issues in my right eye, so I received a referral from my PCP to see an ophthalmologist. On December 27, 2023, I went to the referred ophthalmologist. After a slew of images were taken of my eye, including dilation, I saw the doctor. I explained to him that I saw floaters and that my... View More
answered on Mar 17, 2024
Under California law, if you believe you've been misdiagnosed and it has led to harm, you may have grounds to file a medical malpractice claim. A key component of such a claim involves proving that the care provided fell below the accepted standard of medical practice and that this failure... View More
My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More
answered on Mar 16, 2024
Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.
My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More
answered on Mar 16, 2024
While I empathize with your situation, you have no grounds for a lawsuit in this scenario. Circumcision, as a medical procedure, is typically performed with the consent of a parent or guardian, and the individual undergoing the procedure does not have legal standing to sue, unless there is evidence... View More
Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?
answered on Mar 14, 2024
You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.
If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,... View More
The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More
answered on Mar 13, 2024
In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More
Response to OSC is classified to be: Motion, or Reply?
CCP 1005(b) does not mention specifically Response to OSC.
What rules are specific to timing of response to OSC?
answered on Mar 12, 2024
Under California law, a response to an Order to Show Cause (OSC) is not typically classified as either a motion or a reply. An OSC is a separate type of court order that requires a party to appear in court and explain why a certain action should not be taken or why a certain order should not be... View More
i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More
answered on Mar 12, 2024
In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:
1. Seek immediate medical... View More
On good cause shown, does California superior court grants leave to file Fourth Amended Complaint? Assuming timing of filing is appropriate (before end of discovery, and trial).
answered on Mar 11, 2024
In California, a party may amend its complaint with leave of the court after an answer has been filed or in response to a demurrer. The court may grant leave to amend a complaint at its discretion, and leave to amend is generally liberally granted under California law to promote justice and allow... View More
Title section of civ-120.
Plaintiff/Petitioner Defendant/Respondent
Defendant: the same that on title of the case (multiple defendants) ?
Or
Defendant against whom entry of dismissal was entered?
Date of section filled by Plaintiff must be current date, or date of civ-110?
answered on Mar 10, 2024
When completing the CIV-120 form (Proof of Personal Service) in California, it's important to fill out the title section and date correctly to ensure the proper proof of service. Here's how you should approach the title section and date:
Title Section:
-... View More
Civ -120 indeed has references in lower right corner to CCP 581 et seq, and Cal Rule of Court 3.1390.
These rules apply to dismissal, NOT to service of the form, and filing POS.
What rule guides Due date for serving forms civ110 with civ-120, and filing these forms with court?
answered on Mar 9, 2024
In California, the rules governing the service and filing of forms CIV-110 (Request for Dismissal) and CIV-120 (Notice of Entry of Dismissal and Proof of Service) are primarily guided by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC).
The specific rule... View More
What is due date to Serve civ-110 and civ-12 - dismissal of legal action against defendants, after dismissal was entered? Due date after dismissal was entered
answered on Mar 9, 2024
In California, after a dismissal is entered in a legal action, the plaintiff is required to serve the defendants with a Notice of Entry of Dismissal (form CIV-120) and a Proof of Service (form CIV-110) within a specific timeframe.
According to California Code of Civil Procedure section... View More
She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More
answered on Mar 9, 2024
I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:
1. File... View More
Is Response to Court's Order to Show Cause Re POS, filed with Court, required to be served on all Defendants?
answered on Mar 9, 2024
In California, when a party files a Response to the Court's Order to Show Cause (OSC) regarding Proof of Service (POS), the general rule is that the response must be served on all defendants or their attorneys if they are represented.
The purpose of serving the Response to the OSC on... View More
Should proposed order to file amended complaint, be added to proposed order to set aside dismissal against defendant?
Pursuant 473(b)
answered on Mar 9, 2024
Under California law, when seeking to set aside a dismissal against a defendant pursuant to Code of Civil Procedure section 473(b), it is generally recommended to separately file a proposed order to set aside the dismissal and a proposed order granting leave to file an amended complaint. While... View More
Is 5 court days before hearing is a due date to file response to order to show cause re failure to serve civ - 120 form?
answered on Mar 9, 2024
A response to an Order to Show Cause hearing in California should generally be filed at least five calendar days before the hearing. See Finney v. Ralphs Grocery Co., 2021 Cal. Super. LEXIS 90665, Lourdes Pan v. Yu, 2021 Cal. Super. LEXIS 79047. However, the specific requirements may vary... View More
What is due date for response to order to show cause: re proof of service? Hearing was scheduled.
answered on Mar 9, 2024
Under California law, the due date for a response to an order to show cause regarding proof of service depends on when and how the order was served. Generally:
1. If the order was served personally, the response is due at least 5 calendar days before the hearing date, including weekends and... View More
Order to show cause re: proof of service of civ-120 is scheduled for hearing.
What is due date for response to order to show cause?
answered on Mar 9, 2024
In California, when a judge issues an Order to Show Cause (OSC), the party who is ordered to show cause must file and serve a response to the OSC within a specified time frame. The due date for filing and serving the response depends on how the OSC is served and the specific instructions provided... View More
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