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2 Answers | Asked in Personal Injury for California on
Q: I slipped n fell walking out of win river casino on the steps that were wet from rain n injured my back do I have a case

It was rainy the steps were wet I walked outside stood there lit a cigarette n hit the first step n my feet went rite out from underneath me n landed on the two steps on my back

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

First, note there are limitations on suing Native Americans on Native American land such as casinos. Consult with attorneys with specific experience in going these cases.

Next, as with any slip and fall incident, one must prove they did something wrong or failed to do something that caused...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I had Dr. Scott put a stimulator in my 5th lumbar they told me that it would stay in my button cheek, we'll it's moved

To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

If you have doubts on the advice the doctor is giving you, seek out a second opinion.

As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Defective service of process by mail.

What are legal means to have process server to do service by mail properly?

Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2024

Licensed process server that you hire should know the laws as to proper service. They don’t always. Therefore you instruct them where you find that knowledge lacking or hire someone else.

Just like in all endeavors, people are paid for services they perform. If the performance is...
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2 Answers | Asked in Civil Rights, Legal Malpractice and Sexual Harassment for West Virginia on
Q: How to sue my attorney for the money that should have been awarded if they would have properly handled my case

It was against an employee at Walmart and they have not allowed me to make decisions, kept me up to date with rulings, returned any of my phone calls or emails

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

To sue for malpractice, it is recommended that you consult with Legal malpractice attorneys. You may search on this website for Attorneys

Note, in order to approve Malpractice, you must prove that the attorneys violated standard care, and that, but for the attorneys Malpractice, you would...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Operational version of Complaint.

Upon the following circumstances: which version of Complaint is considered an operational (current) version of Complaint?

1. First Amended Complaint was demurred by Defendant. The court ordered Plaintiff to amend; and the Second Amended Complaint was filed and served.

2. The Second... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2024

It depends for what purpose.

The Third is certainly not operational as the Court has not granted the motion to amend.

The second amended is operational for the current allegations, except that is subject to the current demurrer/strike.

The First amended complaint may be...
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2 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: Is it acceptable for Attorneys to file Motion Liminie to prevent Plaintiff from exposing Arbitration Award then use it?

In a Legal Malpractice case is it acceptable for an Attorney to file a Motion Liminie preventing Plaintiff from making any reference whatsoever to any part of the Arbitration or settlement then turn around and file the Arbitration records with their Motion to Confirm Award? Isn't this a Breach... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 1, 2024

It would be required to submit the award in a motion to confirm.

Motions in limine are to prevent introduction of evidence before a jury, not what is directed at the judge.

What is limited by a motion in limine is determined by what the court rules in the order on the motion.

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2 Answers | Asked in Medical Malpractice for California on
Q: If objection to production request includes only objections, shall it be verified?

If objection to production request includes only objections, shall it be verified?

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

If only objections then no verification is necessary.

Caution, discovery must be answered to the extent not objectionable. Therefore, a judge will look negatively on a response with only objections unless there is a major problem with the discovery.

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3 Answers | Asked in Medical Malpractice for California on
Q: There was NO deposition subpoena for medical records. Request to authorize release of medical records was served.

What should be response to request to authorize release of medical records?

There was NO deposition subpoena for the medical records.

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

It depends, somewhat, on the jurisdiction of the case and the jurisdiction (location) of the medical records (if it is a different state than the case). Some jurisdictions require an authorization. Some attorneys provide authorizations. Some attorneys have specialized authorizations if... View More

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

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

There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case.... View More

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2 Answers | Asked in Legal Malpractice for New York on
Q: When is a personal injury attorney required to disclose his costs in putting on the case?

Following a negotiated settlement, when the plaintiff's attorney disburses the funds to lien holders and themselves, shouldn't they provide a detailed breakdown of expenses and payments with the check to their client? If the settlement was negotiated in August and the disbursement check... View More

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

Yes attorneys need to provide their clients a disbursal statement.

The settlement can take time to disburse once payment is received. For example to negotiate medical liens and no interest would be paid to the client. Otherwise, disbursal should occur immediately.

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2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

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

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
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2 Answers | Asked in Collections for Missouri on
Q: I'm on social security disability . I've been served to appear in court for a credit card debt . Do I have to appear ?

I expect to loose this case , but , I don't believe that a credit card company can take any of my social security money.

Should I appear in court ?

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

You can to present and defenses and work to limit the amount of the judgment. When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I lost fallopian tube since doctor misdiagnosed ectopic pregnancy as thyroid issue and did not check hCG level pregnancy

I have saved complete communication with my doctor prior to and leading up to this accident. I can provide it.

Doctor could not diagnose the ectopic pregnancy despite multiple ultrasounds, instead kept thinking that it was thyroid issue. I lost my fallopian tube because of this, and had to... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

It could be a malpractice case. Bad results alone do not mean there is a case. There has to be violations of the standards of care by doctors, nurses, or other health care providers. That may have been the case here.

Due to the nature of medical malpractice lawsuits, the nature and extent...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Can I sue if surgical staples was left in leg since July 2022 and just find out when I did a xray 8 days ago

They are not suppose to be left in there and I had did a follow up in which the PA did find a few left and removed them and previously my husband find one and removed it as well. I was in the hospital for 3 months undergoing surgeries concerning my leg. Grafts and etc and would need to go back to... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 26, 2024

Yes this is a potential case. In most jurisdictions, the time to bring a lawsuit does not begin to run until you discover the malpractice (subject to some limitations) and as long as foreign objects are retained within the body.

You should consult with medical malpractice attorneys right away.

2 Answers | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Legal Malpractice for California on
Q: Had an issue with car dealership.found a lemon law form. Client attorney contract was signed with an attorney who was

Disbarred and suspended. Firm changed there name and took them a year and 3 months to even send my demand for arbiration. I was never given any advice or informed on what my case was worth. As I review other cases the firm handled it was penny compared, all cases are different I know. But I... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

You bring out a number of issues that are of concern as to the attorneys’ actions. In particular if there was a switching of firms without your agreement, a disbarred attorney representing you, and charging an excessive and not agreed to fee. You should consult with experienced ethics,... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: It’s been 4 years since my surgery and l am now seeing complications from it is it to late to sue for malpractice

The dr removed my left adrenal gland and in the process she injured my left kidney which is now not working normally l will now have life long issue with it l also have trauma from the surgery it went bad from the start I am just now seeing the mistakes she made

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

Malpractice statutes of limitations often do not begin to run until discovery (or should have discovered), with a cap of time. You should consult with experienced medical malpractice attorneys in the state where this occurred who can review the facts of your particular case and determine if you... View More

3 Answers | Asked in Consumer Law for California on
Q: CVS pharmacy called my doctor to renew a prescription without my consent. My doctor got mad at me. Script said no refill

I had previously asked not to refill anything without me asking for it. They continuously called for me to renew prescription. They told me they would stop. But over the years they continued the practice. Now my doctor is upset with me for requesting a refill that I didn’t ask for. The... View More

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

This is an excellent question and you make a great point. There is nothing illegal in what they do (but maybe it should be-ok that the ask you but to ask the doctor is not reasonable).

“No refills” refers not that it cannot be refilled, only that there are no refills on that...
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4 Answers | Asked in Elder Law, Health Care Law and Personal Injury for California on
Q: Hospital negligence and elder abuse

I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2024

You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.

But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue Kaiser for medical negligence? No room to type situation.

8/2024 need hip replacement surgery. 8/21/24 received shot in hip to ease pain. Same period I called Kaiser because I could not walk on my leg. I could not put any weight on my leg. I was told have to wait 4-7 months for surgery. I was in very bad pain night and day. I had to use a walker to help... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 21, 2024

Where Kaiser commits malpractice, the cases are usually arbitrated not a lawsuit.

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.

Consult...
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1 Answer | Asked in Collections for Utah on
Q: I am being sued by a debt collection what do I do ?

Collection agency hasn’t served me but I know I am being sued. I’ve received papers from lawyers saying they will defend me from them. They only sent me papers of the debt I owe and it is mine for about $1,700 and they said I had until the 24th to respond but they filed a lawsuit. They are very... View More

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

If you settle with them, pay the debt in whole or a reduced compromise amount, get the agreement in writing before payment. Have the agreement provide they must file a dismissal with prejudice.

As to the lawsuit, if not settled prior to the response time you must file your answer with...
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