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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: While at kemo treatment through catheter, nurse wrongfully inserted catheter causing extreme bleeding

Had to skip treatment, is this malpractice

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2024

This may be malpractice. Malpractice means below the standard of care which has to be determined by another health care practitioner. The nature and extent of your harm and future needed treatment will effect the viability of a case.

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2 Answers | Asked in Criminal Law, Personal Injury and Landlord - Tenant for California on
Q: Are judicial assistants and deputy clerks the same position or similar roles?

In my mom’s case the judges judicial assistant J.DOE is the same person that has their name in the deputy spot when she e-files. Some documents are endorsed with FILED BY chief executive officer I.NAME then under that it says J.DOE deputy. Is that normal for a judicial assistant to also be... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2024

It is very common for the courtroom clerk/judicial assistant to file documents.

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1 Answer | Asked in Medical Malpractice for Washington on
Q: Can I sue a doctor for tourniquet damage?

I had surgery on my foot and the tourniquet damaged nerves in my leg. I now have foot drop, nerve pain and numbness from the knee down and have to use a brace and cane to walk.

Joel Gary Selik
Joel Gary Selik
answered on Jun 11, 2024

Yes it may be 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.

2 Answers | Asked in Legal Malpractice for California on
Q: Are attorneys required to provide copies of letters or emails from opposing counsel?

Are California attorneys required to provide copies of letters or emails from opposing counsel if requested by their client? I requested a letter sent to my attorney from opposing counsel that I believe contains false accusations due to the way my attorney referenced the letter. My attorney is... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2024

I know of no determination that an attorney must do so but I believe the attorney is required to do so on request.

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3 Answers | Asked in Collections for Florida on
Q: If a debt collector cannot provide an itemization of where they are getting their figures from, do they have a case?
Joel Gary Selik
Joel Gary Selik
answered on Jun 8, 2024

Yes. But they may lose the case at trial if they cannot prove their claim.

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2 Answers | Asked in Personal Injury for California on
Q: Amount of special interrogatories thoughout discovery.

How many interrogatories overall during discovery a party is allowed to propound?

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

In California there is no limit as long as a declaration is added of more than 35. If the amount is unreasonable on can object and or bring a motion.

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2 Answers | Asked in Collections for California on
Q: Can a collection agency collect on a 21 year old debt? No contact over ten years. Got a letter today from collections.

Collection agency in homestate collecting a debt from 2003/2004.

I have been living in a different state for 11 years w no contact until a letter today..

Is there a statute of limitations? Can they garnish my check if they find my employer?

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

If they obtained a judgment already, they may be able to collect.

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3 Answers | Asked in Bankruptcy and Collections for California on
Q: Should I use affirmative defense or "other" to explain my bankruptcy in PLD-C-010 form?

I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More

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

Consult with your bankruptcy attorney. You should not have to file a response at all. The lawsuit should have been listed in the bankruptcy.

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?
Joel Gary Selik
Joel Gary Selik
answered on Jun 3, 2024

Medical malpractice cases are even more complex than other litigation. It is recommended that you have an attorney.

Use the search tool on this page to find an attorney.

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2 Answers | Asked in Car Accidents for South Carolina on
Q: The driver of the car I was in is a friend of mime he said his lawyer sued all 3 of the claims of his insurance

He got 2 hundred thousand

I got 1 check for 3 thousand and fr his insurance copy only got thousand. I think my lawyer sued 3claims and Gabe me a dribble I was asleep when we got hit in the rear end by a drunk lady running from the cops I was never even told her court date any thing... View More

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

The nature and extent of the harms and losses, and other factors may explain the difference in amounts. Consult with experienced malpractice attorneys in the state where this occurred.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Are there any pro bono lawyers that take on medical neglect cases?

I was ignored for almost 2 weeks concerning complications with my pregnancy leading to unnecessary pain, surgery, and almost loss of life due to undiagnosed ectopic pregnancy.

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

Most medical malpractice cases are taken on a contingency basis, meaning no attorney fees until you collect.

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3 Answers | Asked in Contracts, Employment Law, Personal Injury and Tax Law for California on
Q: Deadlines to respond to RFAs

I served 76 RFAs and interrogatories to the defendant on April 29th. I also served a declaration to the court in support of the over-the-limit RFAs. On May 20th, the Defendant threatened to Oppose the RFAs if I didn't reduce them to 35. So I did. The deadline to respond was May 29th, but they... View More

Joel Gary Selik
Joel Gary Selik
answered on May 31, 2024

In my opinion, the new service extends the time for response.

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5 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Will any attorneys in California take cases for retained foreign objects?

I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More

Joel Gary Selik
Joel Gary Selik
answered on May 29, 2024

Yes, many of us take on retained foreign object medical malpractice cases. But each case is evaluate on its own merits and the nature and extent of the harm is part of the analysis.

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5 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: t-boned in a car accident ~6 months ago. served with papers last week to go to court. I'm looking for a lawyer.

my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602

The person driving the other car lied to LEO and stated the backseat passenger was driving.

The younger driver was speeding and hit my car after... View More

Joel Gary Selik
Joel Gary Selik
answered on May 29, 2024

If you have insurance, turn this over to your insurance company right away. They will provide a defense. It is often a good idea to hire your own attorney to oversee the insurance attorney.

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2 Answers | Asked in Medical Malpractice, Personal Injury and Health Care Law for California on
Q: I had a major neck surgery go bad and was abandoned by the surgeon 3-1/2 years ago that has left me permanentl disabled
Joel Gary Selik
Joel Gary Selik
answered on May 29, 2024

You may have a case. An attorney would need more facts to analyze the case and a medical expert to so testify. Discuss your case with experienced malpractice attorneys.

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1 Answer | Asked in Contracts and Collections for Ohio on
Q: Hi I have a question. I was living in an apartment . Me and my ex husband were both on the lease.

We were kicked out bc he would act crazy and the cops were called too much. Well he left Ohio to go to Arizona I moved to a different apartment in Ohio . We both signed the lease but I am the only one stuck paying for it bc the creditors couldn’t find him in Arizona. I don’t think that’s fair... View More

Joel Gary Selik
Joel Gary Selik
answered on May 29, 2024

You may be able to sue him for his share.

4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More

Joel Gary Selik
Joel Gary Selik
answered on May 28, 2024

While you cannot force the insurance company to settle, you can demand they settle within policy limits and, later sue them for bad faith, if the case is lost. You should consult with experienced bad faith ino attorneys in the state where this occurred.

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2 Answers | Asked in Car Accidents and Insurance Defense for Illinois on
Q: In September I hit a deer and rolled my car in the next day and for a couple months
Joel Gary Selik
Joel Gary Selik
answered on May 28, 2024

It is suggested you post your question again with more information and specific questions to allow good answers.

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1 Answer | Asked in Legal Malpractice for Colorado on
Q: i need to sue brokers and lawyer for malpractice and im in appeal with the buyer and i need representation

i have until june 16 2024 before the statute of limitation runs out to file a complaint

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

Thank you for your question. You need to directly contact legal malpractice attorneys. You can search for attorneys on this website.

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: A ER physician left a foreign body in my foot 10/29/2018 It was amputated 5/26/2023.Can i seek compensation for this?

I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2024

Yes you may have a case.

Consult with experienced malpractice attorneys in the state where this occurred right away; there are a number of critical issues.

The first thing I would want to know is what was the foreign object.

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