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Questions Answered by Eliza Jasinska
3 Answers | Asked in Medical Malpractice for California on
Q: Can I sue for negligence?

My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.

Eliza Jasinska
Eliza Jasinska
answered on Nov 27, 2024

Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.

In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a...
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3 Answers | Asked in Medical Malpractice for California on
Q: I was dispensed an expired medication from CVS pharmacy, am I able to file a claim against CVS

If so, is this a small claims, I was not injured, except my symptoms lingered for a long time

Eliza Jasinska
Eliza Jasinska
answered on Nov 14, 2024

In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Having problems finding an attorney. Is this not a case?

I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.

During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More

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4 Answers | Asked in Elder Law and Personal Injury for California on
Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself
Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm,... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 31, 2024

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

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2 Answers | Asked in Personal Injury for California on
Q: Based on which statute/rule such subpoena request can be opposed?

Please identify statutes/rules that define opposition to subpoena in this situation.

Person or entity was served with subpoena. On subpoena form deposition date was modified to LATER date, BEFORE subpoena was served. Change was done by crossing out previous date and filling out later date... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

In California, a subpoena can be opposed if altered improperly, potentially invalidating its legal standing. Under CCP § 1985.3, § 1987.1, and California Rules of Court 3.1345, recipients may file a motion to quash if procedural defects, like unauthorized alterations, exist. Since the deposition... View More

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2 Answers | Asked in Personal Injury for California on
Q: What statute/rule defines due date for filing POS for reply to opposition?

when proof of service for reply to opposition should be filed with court? What statute/rule defines due date?

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

In California, the proof of service (POS) for a reply to an opposition must generally be filed with the court on the same date the reply is filed. California Rules of Court, Rule 3.1300 outlines filing deadlines, while Code of Civil Procedure § 1005(b) specifies timelines for serving documents in... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

I'm sorry to hear about your loss. Pursuing a medical malpractice claim for wrongful death in the case of a miscarriage can be complex. Under California law, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages for medical malpractice claims to $350,000 for injuries... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Do I retain a lawyer to achieve a settlement?

I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire a lawyer for your case, as medical malpractice claims are complex and require legal expertise to prove negligence and obtain fair compensation. Your situation involves a misdiagnosis and an unnecessary surgery that led to permanent health consequences, making it essential to... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can I file a lawsuit for a doctor falsely updating my medical records?

Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More

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2 Answers | Asked in Business Law for California on
Q: Person designated as administrator of the corporation is custodian of the records? CFO?

Person designated as administrator of the corporation is custodian of the records? CFO?

Eliza Jasinska
Eliza Jasinska
answered on Sep 25, 2024

In a corporation, the custodian of records manages and safeguards important documents like corporate minutes and resolutions. The Chief Financial Officer (CFO) handles the company's financial matters, like accounting and reporting.

While an administrator may also be the custodian of...
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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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2 Answers | Asked in Family Law and Elder Law for California on
Q: Is it legal for someone to take his deathly ill mother to sign the house over to him while she is on hospice?
Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The legality of having a terminally ill person, such as a mother in hospice care, sign over property depends on factors like mental capacity, potential duress, and whether the decision reflects her true wishes. The person must fully understand the transaction; if illness affects this understanding,... View More

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3 Answers | Asked in Personal Injury for California on
Q: Are there any types of affiliation between hospital and doctor, other than employment and formal contact?

Are there any types of affiliation between hospital and doctor, other than employment and formal contact?

Hospital claims contract with doctor does not exist. Does it mean doctor was employee?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, there are affiliations between a hospital and a doctor beyond formal employment or contracts. Doctors can have admitting or surgical privileges, allowing them to treat patients using the hospital’s facilities without being employed. They may also work as independent contractors, be part of a... View More

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: Hello, I was hit as a pedestrian in crosswalk and received medical treatment. I wound up dropping atourney received full

Policy limit agreement to my demand. The insurance claims is now asking for liens and if there's a lean with old atourney.

I said there's no leans with atourney and he has a copy of itemized billing for treatment.

Is my lien now considered medical billing since I'm... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Since you no longer have an attorney, the focus is on any medical liens, which represent unpaid medical bills. Insurers typically settle these liens first to meet legal obligations, which may delay your settlement. You can negotiate the bills with medical providers before the settlement is... View More

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2 Answers | Asked in Personal Injury for California on
Q: Clerk forgot to stamp all documents in time sensitive motion for reconsideration package.

Clerk forgot to stamp all documents in time sensitive motion for reconsideration package. Package was filed in advance, motion itself is stamped. How proof of service must such circumstances?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Suppose the clerk forgot to stamp all documents in a time-sensitive motion for reconsideration, but the motion itself is stamped. In that case, you can address the issue by first confirming the stamped motion as proof of timely filing. Then, contact the clerk’s office to request that the... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Divorce and split house 50/50

We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

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4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

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