There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More

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 lawsuits, the extent of the anticipated potential recovery will affect the viability of the case.... View More

A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.

Standard of care means the degree of care and skill of the average health care provider of that type of doctor.

A bad outcome is not enough. Another doctor would be needed... View More

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 and evidence. Not all malpractice cases... View More

Where there are arbitration clauses in employment agreements, they may or may not be enforceable.

There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.

Your best option is to consult with wrongful termination or... View More

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... View More

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... View More

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,... View More

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

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

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... View More

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... View More

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... View More

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.... View More

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

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

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

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

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

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