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2 Answers | Asked in Medical Malpractice for California on
Q: Mal practice negligence epidural was incorrectly inserted while in labor do I have a case?

Was forced to give natural labor which wasn't the plan all because anesthesia didn't do it correctly I suffered a painful labor

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

While it might be malpractice, it might not be a case.

▪ First, 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.

▪ Second, recovery warranting a...
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2 Answers | Asked in Medical Malpractice for California on
Q: If the emergency room overdosed a 9 year old child on fentanyl and used narcan to revive him. Would it be negligence?
Joel Gary Selik
Joel Gary Selik
answered on Sep 1, 2024

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. Consult with experienced malpractice attorneys in the state where this occurred.

Due to the...
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3 Answers | Asked in Consumer Law, Personal Injury and Business Law for California on
Q: Should we pay the bill and give the incident report If so what r the procedures and will she still be able to sue after?

Hi, one of our customers burned herself on the knee under the stove we cook our meat in. She is now asking for medical bill and an incident report.

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

Report the incident to your insurance company and they will handle.

If you have an attorney, consult with them first. ▪

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2 Answers | Asked in Personal Injury for California on
Q: Production demands vs deposition demands

Is deposition notice with demand to produce documents, in addition to productions requests - appropriate?

What is legal reason for substituting producing documents instead on deposing documents?

Does motion for protective order pursuant section 2025.420 provide for that? In which part?

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

It is both proper and common for a notice of a deposition of a party to have included a request for production of documents and or things.

For non-parties, a subpoena is necessary. ▪

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2 Answers | Asked in Personal Injury for California on
Q: What are valid legal reason for motion for protective order from deposition notice in California upon circumstances?

Pursuant CCP § 2025.420.

What are valid legal reasons for motion for protective order from depositions, when deposition notice is served in parallel with production demands, and with interrogatories?

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

It is proper to serve deposition notice with production demands and interrogatories.

Bases for protective orders for depositions can include the witness is not competent to testify, failure to validly serve a deposition subpoena, the witness was already deposed in the case. The...
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2 Answers | Asked in Medical Malpractice for California on
Q: Botched hand surgery 9 weeks ago. Folks with autoimmune require a special procedure. Surgeon won’t take responsibility.

I’ve had this surgery on the other hand. Different surgeon, no complications. Pain, swelling, limited range of motion, possible phlebitis. Surgeon’s office will not return my inquiries; denies phlebitis; referred me to occupational therapy. I cannot and should not do OT until surgery is... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 31, 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.

But, the first thing is to get a consul with independent doctors to determine what’s wrong and...
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3 Answers | Asked in Personal Injury for California on
Q: I recently fell really hard on my back at hard rock casino in Sacramento, Ca. They said I have 180 days to file a claim.

My tailbone is hurting, sharp pain and my wrist from trying to brace my fall. They took a pic of my back and my arm.

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

The FIRST step is to discuss your case with experience attorneys. Use the search tool to find an attorney on this website.

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2 Answers | Asked in Personal Injury for California on
Q: i agree to a settlement offer 600k but there a different value on the release and my fees were not as what i agreed to

i agreed to amount 600k offer on the release comes and it value is highert but why can the litigation attorney tell me what my fees are as this 200k attorney 33 1/3 % 354k pre reduction doctors liens i asked how can i consider any offer if we dont have the reduction cost known how can i... View More

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

It is usually impossible to negotiate liens prior to settlement. Estimates can be made.

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2 Answers | Asked in Collections and Family Law for California on
Q: If Judgment includes attorney fees, can legal fees to pursue collection be included in Memorandum of Costs?

CA Family Law Court Order against X included paying attorney fees. Order was turned into a Judgment, now domesticated in another state. Can legal costs pursuing collection be included when the Form MC-012 is filed?

In other words, does statute below cover Family Law Court Orders that... View More

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

Yes they can. But a motion is required to add the attorney fees.

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2 Answers | Asked in Medical Malpractice for California on
Q: Preservation notice

Unless preservation notice was given in the beginning of case by plaintiff, defendant can destroy records?

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

No.

If one is aware they have evidence that can be relevant to what may be a legal case, destruction of the evidence can be used against them in the case.

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2 Answers | Asked in Civil Rights, Collections and Identity Theft for California on
Q: So my case has been settled how do I collect my money if my attorney don't want to pay me still??
Joel Gary Selik
Joel Gary Selik
answered on Jun 22, 2024

Ask your attorney, in writing, when you will be paid and what needs to be accomplished before payment can be made.

It is not unusual that certain actions must be taken and issues resolved before the settlement can be disbursed to the client, or until the entire amount can be disbursed.

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2 Answers | Asked in Personal Injury for California on
Q: So I had ordered a burrito at el pollo loco half way through the burrito I bit into a bone the size of my hand

So the bone was sharp and chipped my tooth and cut top of mouth do I have a lawsuit ? El pollo loco is willing to pay for the tooth procedure but it’s taking 2.5 months so I have a lawsuit I can file against them for time , injury , stress?

Joel Gary Selik
Joel Gary Selik
answered on Jun 20, 2024

If the bone was naturally occurring, for example if it was a chicken burrito and it was chicken bone, you would have not case.

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1 Answer | Asked in Contracts and Criminal Law for Georgia on
Q: I need to domesticate a judgment from AL to GA can you help?

Judgment was ordered by default the creditor was a no show at the hearing

Joel Gary Selik
Joel Gary Selik
answered on Jun 20, 2024

Find an attorney to domesticate and collect the judgment using this search tool https://www.justia.com/lawyers

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Legal Malpractice for California on
Q: Depositions taken during the discovery phase.

In order to use a deposition as evidence in a civil case during trial, will the deposition have to be filed in court before the trial date and once filed then it can be added to the exhibit list? Is the proper procedure?

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2024

It is not generally an exhibit. The deposition is lodged with the Court right before trial. There are usually requirements to submit portions of transcripts that plan to be read.

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Oklahoma on
Q: My bf was driving and caused an accident. I covered for him. I need to amend the report. What's the best way to do this?

He was drunk. The lady he hit is suing. None of this was my fault.

Joel Gary Selik
Joel Gary Selik
answered on Jun 18, 2024

Hire an attorney. This could lead to serious criminal consequences for you.

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

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

If you do not know a top notch trucking attorney, reach out to attorneys for referrals.

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2 Answers | Asked in Legal Malpractice for California on
Q: What controls exist to ensure case is decided on merits, not on artificial delays and mockery?

It appears that within proceeding permutations defense can find many hooks to oppress in pro per plaintiff, delaying and objecting, stalling discovery, simply because realizes that cannot pursue case otherwise.

Circumstantial evidences when convincing and clear, high probable;

Along... View More

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

Skilled navigation of the case and proceeding to trial.

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1 Answer | Asked in Medical Malpractice for Colorado on
Q: we’re looking to sue for medical malpractice. The question is do we need an autopsy in order to do so?

My mother fell and broke her knee cap. She had the initial surgery to fix it. She was over medicated by her rehab center then rushed to north suburban hospital where they failed to do any kind of wound care for two weeks. Then when she was finally able to get back to a new rehab center it was... View More

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

Probably the best way to answer this question is to say that medical malpractice attorneys always prefer to have the autopsy report.

3 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: Hi my cousin fell in her garage on Xmas eve after coming from my houseShe fell hard and bumped her head

She went to her doctor in the next couple days and he told her she was fine no testing or anything

A week or so later she started getting bad headaches so she went to emergency Mercy San Jan they checked her out and found multiple fractions in her spine and up to her neck and sent her to a... View More

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

It could be a case. You should consult with malpractice attorneys right away. The attorneys can analyze the facts, review records and consult with medical experts.

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

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

The best way to start is to consult with experienced malpractice attorneys in the state where this occurred.

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