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Questions Answered by Joel Gary Selik
2 Answers | Asked in Medical Malpractice for California on
Q: Went in for Colonoscopy and had my kidney puncture got sepsis

This is on my chart?

Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023

Feels tired and has blood tinged urine and pain

DC on pain meds

Joel Gary Selik
Joel Gary Selik
answered on Oct 7, 2024

This can happen during a colonoscopy with or without 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.

Consult with experienced medical malpractice attorneys in...
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2 Answers | Asked in Medical Malpractice for California on
Q: Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.

Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2024

It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another...
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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

Hopefully you are consulting with medical specialists to determine your needed treatment.

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,...
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1 Answer | Asked in Business Law and Collections for Texas on
Q: I'm being sued by Discover credit card after going through debt consolidation. do I need lawyer ?

Is debt consolidation legal? I have never missed a payment to debt consolidation. I have multiple sclerosis and am so sick most of the time, Im frustrated and scared to death . any helpful information on what to do would be so very appreciated. I didnt know debt consolidation could land me in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

The debt consolidation companies are not always clear on what they can or cannot due. The creditor must agree to the payment plan or the compromised payment. Without it they can sue. Find defenses to the defense and negotiate a settlement. If you still have many other debts, bankruptcy might be... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: IUD places through my uterus

The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2024

Misplacement of an IUD can be malpractice. If the procedure was done below the standard of care, the health care worker could be liable for malpractice. Another requirement is to prove the harm cased by the malpractice. Due to the nature of medical malpractice cases, the nature and extent of the... View More

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2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Malpractice is where the doctors act below the standard of care. Another doctor would have to evaluate the facts to determine if they acted below the standard of care.

Additionally, an attorney would have to determine if the amount of a potential recovery warrants a lawsuit considering the...
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2 Answers | Asked in Medical Malpractice for Ohio on
Q: I need a medical malpractice attorney here in Cincinnati… any recommendations

My sister went in for back surgery April 12th. The surgery went great. 96 hours after the surgery the PT guy who came to her house and had her do a wall squat and yep first one snapped the rod and plate. Since she has had 4 surgeries and 9 hospitalization. No help. Can’t find an attorney even tho... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 30, 2024

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses, the type of malpractice, and the strength of witnesses.

An opinion of a “slam dunk” is...
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1 Answer | Asked in Medical Malpractice for New Mexico on
Q: I had surgery and 2 days later I when to the emergency hospital waited for 4 to 5 hours to see a doctor. Why?

I was unable to urinate and the severe pain continued. It felt like the severe pain lasted for an eternity. The following day at 1:30am I urinated a large thick clot along with blood. I have some relief of pain. I when to the emergency hospital 2 day later because I was having some pain. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2024

It might 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. Consult with experienced malpractice attorneys in the state where this occurred.

Due to the...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 7, 2024

Yes this could be a malpractice case.

First: 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.

Second: the harm must be sufficient to warrant a malpractice case....
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2 Answers | Asked in Medical Malpractice for Texas on
Q: My husband Was seen in the Emergency room for shortness of breath.Oxygen saturation level Being all over the place they

Admitted him was waiting for a bed in icu but went ahead and started bipap machine Which he was on for a couple hours. He was coherent talking to us and even said he could breathe. When a bed was available and I see you they disconnected the bypap therapy machine without talking to me or him about... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 9, 2024

Yes it may be a case. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Here, the harm is clear, the death. Another qualified health care provider or providers would be needed to testify as to the breach of the standard... View More

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2 Answers | Asked in Arbitration / Mediation Law for California on
Q: Hello- I am a licensed contractor in CA. I lost a binding arbitration case, and client is refusing insurance payment

Client is refusing to sign release form from my liability insurance. Contractors board is threatening to suspend my license. What can I do

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

An arbitration award turned into a judgment may be executed on without the requirement for the creditor to sign a release. But, the judgment creditor should agree to a release in exchange for fast payment. In any event, on payment of the judgment, a sanctification of judgment is required to be... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What is the time frame / deadline, to file a motion to vacate judgment?

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Statute of limitations expiring in 38 days on my medical malpractice case I keep asking attorney when is demand being

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

Joel Gary Selik
Joel Gary Selik
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

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5 Answers | Asked in Car Accidents for California on
Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

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

Joel Gary Selik
Joel Gary Selik
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-...
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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue for psychiatric misdiagnosis that caused emotional harm?

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

Joel Gary Selik
Joel Gary Selik
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...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Alaska on
Q: I'm needing to know if I have a case against anyone and if so who at the hospital that did my surgery and messed up .

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

Joel Gary Selik
Joel Gary Selik
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

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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Please let me know if I have a case based on the proof of my pre-existing conditions.

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I had an elective medical procedure Aug 2021 that resulted in getting a blood transfusion like to know if I have a case

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.

Joel Gary Selik
Joel Gary Selik
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...
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3 Answers | Asked in Criminal Law, Car Accidents and Civil Rights for California on
Q: Can I sue the CHP?

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

Joel Gary Selik
Joel Gary Selik
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...
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