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

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

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

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

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

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

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

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

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

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... View More

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,... View More

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

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

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

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

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

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

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

To find out where your child is, start by contacting the child's mother for his location. If she refuses, consider hiring a lawyer or private investigator, or seek help from friends, family, or social media. Consult a family law attorney in your state or where your child may be to determine if... View More

In legal proceedings involving conservatorships, the process for a former conservatee to consent to a final accounting and waive the accounting typically involves the following steps:

Preparation of Final Accounting: The conservator prepares the final accounting document, which details all... View More