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I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More 
answered on Jun 24, 2024
A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.
There are also motion for reconsideration and other actions you can consider.
If unsuccessful, your remedy may be a... View More
Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I... View More
answered on Jun 21, 2024
As I am sure you know, the demand does not protect the time limit to sue. As there is a high probability the demand letter will not lead to an immediate settlement, the attorney should be prepared to file the lawsuit. Discuss with your attorney when the lawsuit is being filed. Putting your... View More
I will be heading to San Diego to complete the paperwork
answered on Jun 19, 2024
The initial pleading in a case can be critical. Whether to file an answer with affirmative defenses or a motion, and what type of motion can determine the outcome of the case.
What to do depends on many factors including the type of case, amount in issue, defenses and parties. Consult... View More
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More
answered on Jun 13, 2024
The laws in written discovery in California are in the Codes Of Civil Procedure. The entire section is CCP §§ 2016.010 to 2036.050. The
Scope of Discovery is at CCP §§ 2017.010-2017.320. Specifics as to written discovery and motions to compel are at CCP §§ 2030.010-... View More
I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on... View More
answered on Jun 12, 2024
Such a case is possible.
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... View More
I had a complete Hip replacement. The Doctors knew I had a problem with Anastasia but gave it to me anyways. I had to be brought back to life 4xs . When I woke up I had nothing in me for pain bcuz the narcan they gave me took all of the pain meds out of my system, so I had to lay there in pain .... View More
answered on Jun 11, 2024
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. But, due to the nature of medical malpractice cases, the extent of the injuries may affect the viability... View More
Prescription of __ Bowel Prep Despite Contraindications
On March 31, 2023, I was prescribed a __ bowel prep liquid despite my pre-existing conditions, including suspected ileus and gastrointestinal issues. These conditions should have contraindicated its use. This decision raises serious... View More
answered on Jun 10, 2024
You have a potential 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 as well as... View More
This procedure caused me to have PTSD and I would like the money back from the surgeon. I ended up in the ER the night of the surgery, had low sodium and required a blood transfusion. It was a horrible experience. I would like to know if I have a case here.
answered on Jun 3, 2024
The first question is, did they do anything wrong. 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.
Next, what harms were caused by the malpractice. Due to the nature of... View More
My son was the fatality in a tragic accident. On his Motorcycle one block from home a driver making a left turn did not see him. He was hit run over and became pinned under the vehicle. Their report says my son was speeding 50mph and rear ended the vehicle. Witnesses, 911 callers, neighbors, fire... View More
answered on May 31, 2024
What a horrible tragedy. I am so sorry for your loss.
Any case against the CHP would be very difficult for many reasons. First, there is a six month claim submission deadline (though, if there are federal questions, the time limit may be longer). Further, the actions of CHP were likely to... View More
If defendant disregarded health of patient, took advantage of financial weakness, acted with deceit, and caused financial harm (not physical) - are punitive damages applicable?
answered on May 21, 2024
California Code of Civil Procedure § 3294 outlines what is required to obtain punitive damages.
(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or... View More
CCP 1572 defines hospItal's liability to patient for fraud.
If not- why not?
answered on May 19, 2024
Yes, you can use this code section to plead and prove fraud.
Keep in mind that for fraud, you must be very specific in pleading facts.
Additionally, before a prayer for punitive damages can be brought against a Health Care Provider, a motion must be filed and won.
I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.
answered on May 16, 2024
You may have a viable 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. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More
Unfair and predatory billing
answered on May 11, 2024
If you accuse them of predatory billing, you can expect them to withdraw. If they are, in fact, doing so, you would want different attorneys.
You can try asking, politely, to explain the billing, ask particular questions, and discuss the issues.
answered on May 2, 2024
If the police can track down the assaulters, you can sue them and make a claim against their parents, if minors, and potentially the homeowner's insurance.
There may be others liable, such as the school, if they took actions or failed to take actions that would be considered... View More
I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More
answered on May 1, 2024
If The medical “standard of care” required an MRI then that 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.
It also has to be determined that... View More
answered on Apr 30, 2024
Health care providers, and nearly everyone cannot charge on a percentage basis, except attorneys.
After a case settles, the health care providers might be asked to reduce the amount they are owed. It is not unusual for all the health care providers bills, after negotiation, be 1/3 of the... View More
He told me the case was over, but I get a letter in the mail to come to court. When I go to court the judge tell me to see if I can find a new lawyer
answered on Apr 28, 2024
It appears your attorney filed a lawsuit then left the case. Use this website to find experienced malpractice attorneys in the state where this occurred.
The attorneys will want to know:
1. The name of the doctor and the city of the practice. 2. What the doctor did wrong. 3: What... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
For two months he promised to make it good in a "few days". For the last month he has not returned my calls or texts. What are my options? Since he has done this recently to multiple people at what point does this become criminal? The transaction occurred in Sequim, Washington
answered on Apr 22, 2024
It is probably criminal now. Report it to the police (do not threaten to report it to the police as that might be a crime). Check your states laws on giving notice on bounced checks and your rights to recovery in small claims for damages in addition to the amount of the check.
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
answered on Apr 20, 2024
Yes your can hire an out-of-state attorney. That attorney will need to associate with a California licensed attorney. That process is called pro hac vice.
As to whether your have a valid case or not, more facts would be needed for a good analysis.
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