In California, if there is what appears to be a valid, signed Agreement between Attorney/Client that contains a valid Arbitration Clause:
What type of Arbitration is it, i.e., consumer, employment, etc.? and
Can the case be heard at a private forum not normally designated for... View More 
answered on Oct 18, 2023
Attorney Arbitration Clauses have to meet certain requirements to be valid.
If valid, they would go into a private forum arbitration. If the arbitration firm is not named in the agreement, any private firm providing mediation services, or private mediators may be used.
If it is a... View More
I had gone into an urgent care experiencing intense lower back pain from seizing muscles, nausea/vomiting, and hot/cold flashes with absence of a fever. While trying to let the provider know about my symptoms, I was unable to inform them of anything past my back pain due to being interrupted and... View More
answered on Oct 13, 2023
Yes you may sue. 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 cases, the extent of your injuries may effect the viability of your case.
My attorney failed to, communicate with me after numerous phone calls and emails. I had to write a review to get their attention for a.couple of says then nothing. I got a voicmail from a legal assistant at the firm that they messed my case up and to re apply like it's okay. I've waited... View More
answered on Oct 2, 2023
Yes a legal malpractice case is possible.
The first question is did the attorney act below the standard of care (malpractice).
The next question is did the attorney's malpractice cause you harm, that is does it cost you money.
You are required to mitigate your... View More
The Dr removed 12 cc of clear liquid, my leg did not hurt me it was a fluid pocket. I noticed he didn't use s swab but I thought maybe it was a new type of syringe. 2 days later I was in pain, and knee was huge. I called the Dr and he said, weekend go to the emergency room. I did and monday... View More
answered on Sep 21, 2023
You have a potential medical malpractice case. The first issue is, did the doctor act below the standard of care. While this generally must be testified to by another doctor, it appears clear, here, that a shot without skin cleaning is below the standard of care. The next question that must be... View More
I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.
answered on Sep 20, 2023
The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.
For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice... View More
answered on Sep 19, 2023
Such a case may be possible. An opinion from another doctor needs to be obtained (probably by a lawyer) indicating that the doctor acted below the standard of care and that caused the harm. Additionally, due to the nature of medical malpractice law and litigation, the viability may be determined... View More
That particular defendant is asking to dismiss the case and has a hearing set for December.
If I were able to drop that particular defendant, how will it effect their motion to dismiss?
answered on Sep 16, 2023
YES Keep in mind, unless you have a written agreement you may be responsible for attorney fees and costs. Additionally you need to consider the effect on liability of the other defendants, the ability to collect and many other factors.
Got pictures of what my teeth looked like before the dentist and after.
answered on Sep 14, 2023
You might 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.
Due to the nature of medical malpractice cases, the extent of your injuries may effect... View More
My first appt was for a cervical biopsy, it came back insufficient.
Went back second time same thing
Went back third time, finally a good test. But they are running the wrong test.
Came back again upset, they finally ran a pap
Go to surgery today and can’t have... View More
answered on Aug 28, 2023
Medical malpractice requires a breach in the standard of care and damages from the breach.
A doctor would have to provide if there was a breach. You do have damages, but you would need attorney consultations to determine if the damages warrant bringing a case.
I has to have emergency surgery to clear the clots
answered on Aug 28, 2023
Yes you might have a case. Consult with experienced attorneys in the state where this occurred.
She was getting out of her seat in front of a slot machine and caught her foot on the chair next to her. The chairs are very heavy hard to move and only have about 6 to 8 inches apart.
answered on Aug 25, 2023
Such a case is possible. How it occurred would have to be analyzed to see if the casino was negligent.
Additionally, bringing claims against casinos is a specialized area and you should consult with attorneys who are familiar with that.
I had back surgery and my condition is worse than before.
answered on Aug 25, 2023
Medical malpractice means the doctor, or other health care provider, acted below the standard of care, and that breach of the standard of care caused harm. This generally must be determined by an expert in the appropriate health care field to review the information and provide their analysis.
They had about 6 months I hurt every day
answered on Aug 20, 2023
Consult with experienced legal malpractice attorneys in the state where this occurred. Use the search tool on this website find an attorney. Abandoning a case right before the statute of limitations can be malpractice.
Note, you must prove you would have won the case.
My wife fell to the floor, turned blue and stop breathing. 911 was called and she was taken to the local ER. The ER states that she stood up too fast. Wife called the cardiologist, and he looked at her implanted EKG and he stated that she had a 3-minute ventricular tachycardia event and he has no... View More
answered on Aug 19, 2023
Possibly. 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.
Additionally, for a case, it has to be determined what further damage was done by the malpractice.
answered on Aug 16, 2023
There are almost always time limitations/deadlines in which lawsuits must be brought. In California, unless it is against a Governmental Entity, the time limit is 1 year. There are various rules and other issues that effect the deadline. Against Governmental Entities, a claim must be served... View More
3/24 Flashing lights/floaters in eye went to ER, dx Vitreous Hemorrhage. 3/27 saw Opthmalogist, "large & numerous floaters, nothing concerning but will request Urgent referral to Retinologist for peace of mind". 4/12 Retinologist dx Retinal Detach. Surg Ctr delayed 5days, not ER, is... View More
answered on Aug 15, 2023
If the expert doctors will testify that your treating doctors acted "below the standard of care" and that, but for the malpractice you would not have lost your vision, you may have a case.
Other issues an experienced medical malpractice attorney would consider is what future care,... View More
I gave birth in May of 22. It was a planned c-section. After c-sections nurses are supposed to come and press on your stomach to make sure you don't form a clot in your uterus. My nurses didn't do this, and I formed a blood clot that caused me to hemorrhage pretty badly. I believe it was... View More
answered on Aug 13, 2023
Yes there is a potential 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. Due to the nature of medical malpractice cases, the extent of your injuries may effect the... View More
My original CAT scan showed my appendix was still intact. I waited between 8-12 hours for my surgery to take place even though they knew I was having pain for 3 days previously & there was a chance my appendix could perforate. It did & I had a bad gangrenous infection & had to stay in... View More
answered on Aug 9, 2023
Yes it is possible this is malpractice. Another doctor would need to review the records and determine if the health care providers breached the standard of care in the delay and if that delay caused your damages. Additionally, the nature and extent of your harm will determine the viability of a... View More
I had surgery on my thumb CMC joint on February 22, 2023. My surgery in the joint went well. However they placed me in a cast for a month after my surgery. I emailed my doctor twice that my cast was too tight and my fingers were swollen and I was in constant pain. The doctor had me go for a cast... View More
answered on Aug 8, 2023
You may have a valid medical malpractice case. Another doctor would need to evaluate what was done to see if the doctors acted below the standard of care and if their malpractice is what caused your damage. Consult with an experienced medical malpractice attorney in the state where this occurred.
I broke my L-ankle and R-5th metatarsal. I went to our local ER and they scheduled an appt eithlocal orthopedic surgeon.He preformed the surgery. At the 1st f/u appt he asked if I was taking my antibiotics I told him I didn’t receive any. He prescribed some. By my 2nd f/u appt my L-leg below my... View More
answered on Jul 28, 2023
The question is, was it “below the standard of care” not to immediately prescribe antibiotics. 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. You may have a good malpractice... View More
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