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I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More 
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I want to file a malpractice lawsuit against my previous attorney, whom I haven't officially released from liability. He has a significant position on the State board referral service, which has made finding representation difficult. Despite contacting over 50 attorneys, I'm continually... View More
answered on Apr 7, 2025
Thank you for your posting. I am sorry for what you have had to go through.
There are many reasons why attorneys will not take on cases. While it is true that if the legal malpractice attorney has a relationship with the attorney they will not take on a case, but legal malpractice... View More
I went to an urgent care doctor for a stab wound, where I requested antibiotics but was advised to only return if it got infected. Four days later, I developed sepsis, which required ongoing treatment for nine months. Since then, my right hand has become numb and clumsy. Is it erroneous for the... View More
answered on Apr 6, 2025
It is likely malpractice. Medical malpractice means that a doctor violated the standard of care. Another doctor would be needed to evaluate what the doctors did.
Additionally, Malpractice attorneys carefully consider what may be recovered in a lawsuit and evaluate that in light of the... View More
My boyfriend accidentally ingested flying insect spray on 04/19/2024, leading to severe vomiting and bleeding. Despite the EMTs documenting the incident and taking pictures of the spray can, the ER doctor didn't receive the information about the poison. He underwent an endoscopy but left the... View More
answered on Apr 6, 2025
The failure of EMTs to convey pertinent information can be a basis for malpractice.
• One issue in malpractice, and other cases, is what harm was caused due to the negligence. In malpractice cases, usually significant future harm is necessary to make a case viable. Even pain for many... View More
I want to file a medical malpractice and wrongful death case regarding my mother's treatment at Mercy San Juan in Carmichael, California. She was admitted to the hospital on January 23, 2025, with low oxygen and possible a-fib, but unknowingly had a UTI that made her agitated. Despite her... View More
answered on Mar 27, 2025
I am so sorry for your loss and for how she suffered needlessly.
There are many aspects of a medical malpractice/wrongful death case. First is the one year time limit. It appears you are well within that, but do not delay in getting an attorney.
The next issue is did the health... View More
I was involved in a hit-and-run accident in the winter of 2023 in a rental car. A drunk driver in a truck hit me at a red light. Since the incident, I have suffered from severe whiplash that affects my sleep, work performance, and mental health, leading to PTSD and ongoing pain. My health care... View More
answered on Mar 22, 2025
All those factors are important, how much you suffered, what medical treatment you need, what medical treatment you had, what medical treatment you need in the future, and the amount of the adverse driver's insurance, and your under-insured motorist insurance. It also depends on the attorney,... View More
On March 11, 2024, I had a total thyroidectomy for substernal goiter, and soon after, started experiencing dysphonia and dyspnea. I have bilateral vocal cord immobility, which causes shortness of breath after any activity and prevents me from returning to work, causing financial stress. As a... View More
answered on Mar 20, 2025
There are many aspects of medical malpractice attorneys look at in evaluating a potential case.
One is if the future financial losses due to the malpractice warrant a case. What you describe indicate this element may be satisfied.
Also evaluated is did the health care provider... View More
I had an ingrown toenail treated at an urgent care, where the doctor decided to remove the entire toenail. I'm okay with the initial treatment, but subsequent removals have led to problems with the nail's growth, causing cosmetic issues. After repeated removals over a year and following... View More
answered on Mar 14, 2025
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. Here It is not clear if the medical care was to the standard of care.
Additionally, Malpractice... View More
I signed a contingency fee contract with my lawyer at 33%, but I found out it may increase up to 80%, plus I'm responsible for all bills. They didn't inform me about these terms. I received a $1,000 loan with interest on my $2 million case, but the check was not valid. After attempting to... View More
answered on Mar 14, 2025
The fees are determined by the fee agreement. But the fees must not be unconscionable; what you describe may be unconscionable.
If you hire a new attorney, the former attorney will likely be entitled to a fee but it will be limited.
Consult with and hire another attorney before... View More
I am representing myself in arbitration for a medical malpractice case and recently received a report from a medical expert that supports my claim of negligence. Initially, there has been no communication or settlement offers from the opposing party. I have set a monetary figure for the settlement... View More
answered on Mar 14, 2025
Before the conference, you can attempt settlement, but you must be careful not to start too high or end up too low before the conference.
Also, you must have all your legal and factual allegations together. For example, punitive damages are very rare and you should make certain there is a... View More
What legal actions can I take if the homeowner's son has pointed a video camera into my bedroom window, and after asking him to move it, he pointed it back again the same night? I haven't contacted local authorities yet. What are my options?
answered on Mar 12, 2025
As a caution, do not threaten to call the police as you do not want to be accused of extortion.
But, you can call the police. They may or may not investigate. But, keep in mind, solving the peeping issue may only lead to more problems if you contact the police. Instead, you may want to... View More
I went into the hospital to have a vaginoplasty division, but the surgeon performed a colpocleisis without my consent, even though there was no reason for it. I have not been able to get the hospital to address the issue at all. What can I do to sue the hospital, given I don't have the money?
answered on Mar 11, 2025
Failure to obtain consent (informed consent) is a basis for a medical malpractice and medical battery claim.
There are exceptions for:
If the procedure was medically necessary and it had to be right then without an ability to obtain consent.
If the consent papers were... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
It might be malpractice. For a malpractice case another doctor will have to testify the first doctor acted below the standard of care. The attorney will communicate with expert doctor's for that opinion.
There are also issues of future harm that are analyzed to determine if a case... View More
I received a letter from Mandarich Law Group attempting to collect on a credit card debt from 2012. They claim the last payment was in June 2019. I incurred the debt in California and haven't communicated with them or made any payments since then. This is the first correspondence I've... View More
answered on Mar 3, 2025
These facts indicate a debt that is noncollectable by lawsuit due to the passing of the statute of limitations.
Once should confirm with an experienced debt collection defense attorney as time limits can be complicated. You can also find out if the debt collector violated the law and if... View More
I am currently suing my doctor for medical malpractice due to a prescription error. The prescription was for Baclofen 20mg, to be taken three times a day. I am 78 years old and suffer from stage three kidney disease, yet Baclofen is contraindicated for patients like me. After two days of taking the... View More
answered on Feb 24, 2025
There are many ways to find expert witnesses. These include asking doctors you know to recommend someone. Searching past cases to see what experts testified. There are also companies that have a roster of experts.
All of these methods, have the same problem that you have run up against.... View More
My son has necrosis of the right hip and requires a full hip replacement. He is experiencing significant pain, but doctors refuse to prescribe proper pain medication because he takes Xanax for anxiety, which he has been using for years under prescription. He has allergic reactions to alternative... View More
answered on Feb 21, 2025
Doctors can make medical decisions such as determining not to prescribe one medication with another. This is completely within the doctor's discretion up to the point of malpractice. The solution is to attempt to get a different health care provider.
I believe I may have a case for malpractice against my attorney. In my personal injury car accident case, I verbally informed the paralegal via phone that I had stopped receiving treatment. However, this information was not relayed to my attorney, and several months went by before I checked with... View More
answered on Feb 19, 2025
Failures in communication can lead to a legal malpractice case.
In this situation, you indicated that you were done treating. Since you were done treating it, the only harm from any lack of communication was delaying the settlement.
answered on Feb 7, 2025
You can (in California) but there are risks in doing so including being liable for the other sides costs and fees and not being able to re-initiate the case. If you want to end the case completely, it may be best to negotiate a settlement where there is zero recovered and each party pays their own... View More
I notified the doctor and was given an appointment at the office, by the time the doctor realized just how bad the situation was, I went to the Emergency Room because I felt ignored. The procedure was done on December 4, 2024 and I've been in the hospital since January 1,2025
answered on Jan 6, 2025
It might 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
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