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Questions Answered by Joel Gary Selik
4 Answers | Asked in Personal Injury for California on
Q: the sidewalk is now cut after I trip and fell and yet no attorney wants to help me recover damages done to me?

I trip & fell on a sidewalk. Breaking my left wrist! Feb 10th 2023. I contacted a bunch of attorneys no one would take the case? I went back to the site where I trip & fell (where I collect my mail) I noticed they or someone cut the sidewalk where I hit my toes on and fell? Which was way... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 27, 2023

In the law there is a principal that holds that Subsequent Remedial Measures are not admissible to provide negligence. This would apply here.

Fall cases can be very difficult. There are attorneys who concentrate on fall cases; you should continue to try to find an attorney.

Expect...
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2 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?

The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It might be either or both, or neither. It depends if it broke because it was defective or because the doctor did something wrong. Or was it something that happened due without negligence or defect? Experts would need to review the records. The viability of the case may depend on the nature and... Read more »

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2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Wondering how hard it is to prove medical malpractice; misdiagnosis on grounds of profiling and discrimination

I am currently speaking and possibly seeking an attorney to hire regarding A misdiagnosis, as well as mistreatment/ discrimination that led to me almost becoming paralyzed or even possible death. I am an addict and during a long length of sobriety I had my medical history flagged to not administer... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Due to the nature of medical malpractice cases, most attorneys will not take on medical malpractice case unless there is significant harm caused by the malpractice (for example, what further damage was done during delay). Pain, even horrible pain, may not be sufficient for an attorney to take a... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: My husband had a colonoscopy procedure done after it was done they rolled him in a different room

They said get up you’re all done and left the room. He gets up to change his clothes and falls hitting his forehead and got really hurt ended up in the ER. My question is why they didn’t assist him if he’s still under anesthesia and still light headed

Joel Gary Selik
Joel Gary Selik
answered on Apr 30, 2023

They certainly should have.

It might rise to the level of 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.

Due to the nature of medical malpractice...
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3 Answers | Asked in Personal Injury and Car Accidents for California on
Q: Is it still too late to pursue?

I was at a coin operated car wash, As I was back away from the towel machine, I turned around and was met by the bumper of a sedan in my chest. I bounced off of the car, but I did not need medical attention. I did get the info of the drive, who happened to be an employee of the car wash, and I... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2023

The time limit to file lawsuits in California for personal injuries is, generally, two years. Bringing a case, requires that someone did something wrong, and what they did wrong caused damage. Here, while you do have damage, it may not be significant enough to warrant a lawsuit. Consult with... Read more »

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2 Answers | Asked in Consumer Law, Business Law, Collections and Small Claims for California on
Q: I won Car wash shop, How to Collect money.

A car wash shop damaged my truck, and I filed a small claim and won $1,800. I filed an "Order to Produce Statement of Assets and to Appear for Examination (SC-134)" with the court, and a hearing has been scheduled. The subpoenaed person is the owner of the car wash, who is required to... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 21, 2023

If you are serving an order for a debtor's examination, it must be served on the examinee, personally. The owner may be the best person, but other people might also be able to provide this information.

To collect the judgment you can hire the Sheriff's office to take money out of...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Kansas on
Q: My mom had a hysterectomy and surgeon perforated her small bowel. She went septic. Could this be malpractice?

My mom had a hysterectomy and the surgeon perforated her small bowel . Afterwards she went septic and into organ failure. She has had multiple surgeries and is leaking bile . Could you please advise ? Thank you

Joel Gary Selik
Joel Gary Selik
answered on Apr 8, 2023

Yes, it could be malpractice. Perforation of the bowel can happen with, or without malpractice. A perforation alone does not indicate malpractice.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to...
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1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: Would I have a claim of malpractice I had surgery and a day later I fell in the shower at the hospital

The nurse said I needed to get up and take a shower I didn't want to but she said I had to. She turned on the water didn't assist me but left me to go make up my bed. I fell in the shower, when I woke up three other nurses were giving me smelling stuff. They did blood work and ekg. The... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 3, 2023

If this occurred 5 years ago, it may be beyond the time limit to sue. Consult with an experienced medical malpractice attorney in your state.

What the nurse did might have been below the standard of care, depending on your condition--another health care provider would have to give your...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: Can I sue for medical malpractice? What would I need to do to start the legal process?

In January my mother was admitted to the hospital for pneumonia and COPD exacerbation. After a couple of days, she seemed to be doing better and was no longer requiring the use of the BIPAP machine, which changed quickly, and we were never told why. We were told that she was end stage COPD they had... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

What you outline is a potential medical malpractice case. An expert medical doctor would have to review the records to determine if the doctors/hospital acted below the standard of care and if that malpractice led to her death. Additionally, you will have to discuss with attorneys whether, due to... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: How can I find a medical neglect attorney who would take my case if it is not worth hundreds of thousands of dollars ?

I injured my leg pretty bad and at the time didnt know my ankle was fractured. Next to my primary care doctor was a doctor who had orthopedic sports medicine specialty on his door he was only a DO. I made an appt. My leg was bruised from the top of the knee all the way down to my foot was black... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2023

The only way to do this is to contact medical malpractice attorneys in your state. Medical malpractice cases have many requirements and are expensive to pursue. Therefore, many attorneys require significant damages before they can take on a medical malpractice case. This can be made even worse... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I signed paperwork for the dentist to sedate me and they didn’t. I had an awful experience. Can I sue?
Joel Gary Selik
Joel Gary Selik
answered on Mar 31, 2023

While such a case is possible, there are two hurdles that need to be overcome. First, due to the nature of medical malpractice cases, your damages, and not be sufficient to warrant time and expense of a lawsuit. Second, you have to show that it was below the standard of care in that circumstance to... Read more »

1 Answer | Asked in Medical Malpractice and Nursing Home Abuse for Illinois on
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found

Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm. Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice... Read more »

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: The hospital gave me a medication 900 mg higher than my usual dosage which caused me to be admitted to a rehab facility.

I was prescribed gabapentin at 1200 mg a day while in the hospital and in the rehabilitation center. While in the hospital I went from being able to barely walk from sickle cell pain to not being able to walk without the assistance of a wheelchair or walker with extreme tremors! The hospital then... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 15, 2023

You have a potential medical malpractice case consult with experience, Medical Malpractice attorneys in your state

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....
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3 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue my doctor for negligence after a cortozine shot that left me paralysis for few mins

I went for injection for my neck pain .after the injection my body was numb I couldn't feel my arms or finger for like 5 mins .so I didn't have a driver to take me home so I drove and park some were cause I was scared .so I manage to call my wife and told her about the situation. So she... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2023

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your 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....
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1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: Could I have a case against an oral surgeon who cracked a healthy tooth because he was in a rush?

Tooth got cracked during a routine wisdom tooth extraction when the surgeon was removing a seperate tooth fragment. The whole procedure took maybe 5-10 minutes and he was in a rush the whole time

Joel Gary Selik
Joel Gary Selik
answered on Mar 11, 2023

You have a potential case.

Medical malpractice means that a doctor/dentist 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 your injuries...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was diagnosed with otosyphillis & the doctor told me there was no treatment, then i find out there was, but too late.

December of 2021 I was diagnosed with syphilis by Kaiser and got 3 IM penicillin shots. My ear started ringing a few weeks later. I went back to kaiser & my primary care doctor said it could be because of the syphilis, but I did not receive any treatment. In early April 2022 I saw a head &... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 10, 2023

You have a malpractice case and should consult with an experienced medical malpractice attorney in the state where this occurred. 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.... Read more »

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2 Answers | Asked in Medical Malpractice and Health Care Law for West Virginia on
Q: Can a dr add marijuana user to your chart when you have liscense and state does not require informing docs?

I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

There is no limit on what doctors may or may not put in your records.

Some faculties/medical groups have procedures to addresses issues in patients' medical records.

In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: If I was originally scheduled for an outpatient procedure but the doctor hit my aorta as she was going in which resulted

In me having to get a mid line incision, blood transfusion and a stent put in.. would this be medical malpractice?

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2023

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 attorneys in your state. Use Justia search to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Q: Would I have a case for malpractice?

My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 28, 2023

It may 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 attorneys. Use Justia search to find an attorney....
Read more »

4 Answers | Asked in Small Claims and Collections for California on
Q: What legal actions should I take before reporting to credit bureaus if the defendant didn't pay per judgment ?

I won a lawsuit and the defendant was ordered to pay me certain amount of money per judgment (but no deadline was specified in the judgment). The defendant haven't paid for about a month. What legal actions should I take before reporting to credit bureaus? And when can I start to charge... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 27, 2023

Simply winning a lawsuit does not guarantee you are paid. The Courts do not force anyone to pay.

Once you have a judgment, you can apply the tools and techniques of judgment collection. These include judgment debtor examinations, wage garnishments and bank levies.

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