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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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3 Answers | Asked in Personal Injury for California on
Q: Are punitive damages applicable in situation

If defendant disregarded health of patient, took advantage of financial weakness, acted with deceit, and caused financial harm (not physical) - are punitive damages applicable?

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Personal Injury for California on
Q: CCP 1572 defines hospItal's liability to patient for fraud.

CCP 1572 defines hospItal's liability to patient for fraud.

If not- why not?

Joel Gary Selik
Joel Gary Selik
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.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

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.

Joel Gary Selik
Joel Gary Selik
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

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1 Answer | Asked in Legal Malpractice for New Jersey on
Q: How can I hold my legal representatives/ attorney's accountable for an on going litigation if I feel they are billing un

Unfair and predatory billing

Joel Gary Selik
Joel Gary Selik
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.

5 Answers | Asked in Education Law, Personal Injury and Civil Litigation for California on
Q: My son was jumped at school by a couple kids wearing masks. He has a busted nose and lip. What legal options do we have?
Joel Gary Selik
Joel Gary Selik
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...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: Have meniscus root tear, because delay of ordering mri my knee is close to needing replacement.

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

Joel Gary Selik
Joel Gary Selik
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...
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4 Answers | Asked in Car Accidents and Personal Injury for California on
Q: In CA, in a car accident involving injuries- settlement, is it standard for a physical therapist to get 33%?
Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Medical Malpractice for Pennsylvania on
Q: Good morning . I have a medical malpractice. The lawyer, I had never handled and medical malpracti

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

Joel Gary Selik
Joel Gary Selik
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...
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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

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.

Joel Gary Selik
Joel Gary Selik
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.

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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Collections for Washington on
Q: I sold pieces of silver to a local jeweler. The check bounced. For two months he kept promising to make it good.

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

Joel Gary Selik
Joel Gary Selik
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.

Q: Is it possible to hire an out-of-state malpractice attorney if I can't find representation in California to represent me

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

Joel Gary Selik
Joel Gary Selik
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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3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2024

Medical malpractice cases can be difficult. Between the laws that protect doctors and hospitals and their insurance companies, and the nature of medical malpractice cases, not all valid cases can go forward. I suggest you continue to contact medical malpractice attorneys in the state where this... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I had a lawyer for my malpractice law suit but made the mistake of giving a bad review and I was dropped. What now?

2 years gone. Never was working on my case. Never informed on what was going on by lawyer. I just wanted to know that I was still her client. So, I thought she was just leading me on and not doing anything. I did apologize but was to late. I removed the post anywhere I saw it. Did not help.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

At this point, you must continue to directly contact malpractice attorneys in the state where the malpractice occurred to see if someone will take on the case.

For other people who read this response online, note, once you complain about an attorney online or if you file a bar complaint,...
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3 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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