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Questions Answered by Eliza Jasinska
3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

Eliza Jasinska
Eliza Jasinska
answered on Apr 9, 2024

You may have a case. Please discuss the merits and facts with a medical malpractice attorney. Some errors and omissions don't amount to medical malpractice and experts have to certify that the doctors, nurses, and/or hospital's conduct fell below the standard.

The information...
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2 Answers | Asked in Family Law and Libel & Slander for California on
Q: My girlfriend’s baby’s daddy took text messages between us and altered them and submitted it to the courts what can I do

He made it look like I was bad mouthing her change so many of the messages that I lost my relationship with her because of it and I’m trying to prove that I didn’t say those things I even took screenshots but at this point it was already submitted to the courts so I have to find out. How can I... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 20, 2024

Please discuss your matter with a family law attorney. All evidence presented must adhere to the rules of completeness. You can present your rebuttal evidence during the evidentiary hearing or trial or file your evidence that will explain the original evidence in context.

The information...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: My question if I can sue a hospital end/doctor for mistakely umputated my leg (medical malpractice) after four (4) years
Eliza Jasinska
Eliza Jasinska
answered on Feb 20, 2024

In California, medical malpractice claims are subject to a statute of limitations. This legal timeframe restricts the period during which a lawsuit can be filed. Understanding and adhering to these time constraints is vital to pursuing a successful medical malpractice case.

Generally, you...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: HiMy foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was plac

Hi

My foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was placed in my fifth metatarsal of right foot.

After the surgery I was sent home .

The next day Saturday eve the numbness in my toes started to fade and I started... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

The court will not hear a case in which the state of limitation has passed. Medical malpractice claims deadlines vary depending on the type of the claim. For your type of matter, the statute has passed and the court will not hear your type of claim. The information provided presents opinions and... View More

3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?

I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very... View More

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to motion to vacate specific directives within Minute order?

After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.

In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is...
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2 Answers | Asked in Family Law and Child Support for California on
Q: How do I get minute order enforced if it doesn’t have a commencement date clarification

On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or...
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3 Answers | Asked in Family Law for California on
Q: What make judge deny spousal support?

I was nearly married 14 years with my ex being the main source of income in our marriage. We separated in 2020 and have court next week for spousal support. We both have been in new relationships since, I personally dont live with my partner and not sure what his current situation is

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there, there are multiple factors that the court can consider in granting/denying spousal support. Some of the factors are the earning capacity of each party to maintain a sufficient standard of living, contribution to education, ability to pay spousal support, the needs of each party,... View More

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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

You may request court orders for custody based on the child's health safety and welfare.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature...
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3 Answers | Asked in Divorce and Family Law for California on
Q: I got a legal separation dated Aug 2020. In the separation judgement I was to get half of everything.

As of to date I have received 0. How to I go about collecting what I was granted by the courts?

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Please contact the family attorney to go over the specifics of your judgment. If prepared by the attorney, the judgment should specify how the assets and debts are to be divided. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional... View More

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3 Answers | Asked in Child Support and Family Law for California on
Q: Ex supposedly lost job before our child support hearing. Courts verified his income at last hearing. what will happen no

He was ordered to temporarily pay $1,000 a month until our next court date this month. He tried to lie about his income the last hearing but the court verified his income with his employer. Now all of a sudden he has been supposedly terminated from his job. He has lied on all of his income... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

The obligor needs to maintain the obligations for child support. However, the loss of a job may give him a reason for seeking modification. The courts will look for reasons for unemployment. If he quits voluntarily, the court can impute the wages to him. The court will consider education, skills,... View More

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3 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have been living separately from my husband for over 10 years due to DV. If I file for divorce does he get alimony?

I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

In general, separation and divorce do affect the insurance payouts if you share policies. Please discuss your particular facts with a family law attorney. Restraining orders have time limits unless you obtain a permanent one. The information provided presents opinions and examples and does not... View More

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3 Answers | Asked in Divorce and Family Law for California on
Q: Can NC parent be held in contempt if only making part of CS payments that were ordered in CA

Ex spouse was ordered to pay $3,122 a month in CS and $2,607 a month in SS with a 3 month acceleration clause on arrears.

This year I was only given $12,000 total in small amounts periodically, often going 1 or 2 months with nothing. Ex seems to think that as long as he makes any payment no... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Please talk to a family law attorney before considering any contempt actions. There are specific elements that a charging party must prove to establish contempt. Additionally, there are many defenses which may or may not apply. The information provided presents opinions and examples and does not... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Breach of duty

How exactly medical professional breaches duty when: 1) misrepresents patient's state of health? 2) performs improper referral based on such misrepresentation?

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Please understand that not all omissions and mistakes will amount to medical malpractice. Please discuss your particular facts with a medical malpractice attorney. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice... View More

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4 Answers | Asked in Animal / Dog Law and Personal Injury for California on
Q: Can I sue my boyfriend or his renters insurance for dog bites if I was living with him at the time?

The dog bit me at least 8 times.. he would usually pull the dog off of me. But not every time.. I have been to the ER several times. He never corrected the behavior. I have witnesses. I'm terrified whenever I hear a dog bark now. I would have moved out sooner but had to save money. Now that I... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

You may sue the boyfriend for the injuries you have received but recovery will depend on the coverage that he has in the policy. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and... View More

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2 Answers | Asked in Family Law and Adoption for California on
Q: how do i go about my husband adopting my son from a previous relationship?

My son's biological father has been absent going on 9 years. I am married now, and my husband wants to adopt our son. Is this something that I ca do on my own or do I need a lawyer?

Eliza Jasinska
Eliza Jasinska
answered on Feb 7, 2023

An adoptive parent can be a stepparent or domestic partner of one of the birth parents, a relative of the child who has been caring for the child, or someone not related to the child by blood.

If the child is 12 years old or older, the child will also have to agree to the adoption. In a...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is a two year non elective surgical postponement grounds for a medical malpractice lawsuit for a SSDI senior.

Torn right patellar tendon that has left me on crutches for over two years in February that has contributed to shoulder tendinitis’s, bone spurs, degenerative lumbar disc disease and daily lower back and shoulder pain. Have reached out to several local attorneys with little or no response. I... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 9, 2023

You should establish a basis for medical malpractice and notify the medical provider of your intent to file a lawsuit. Usually, this should happen within a year of injury, or one year after the victim discovered or should have discovered the injury, or three years of the date of the malpractice.... View More

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1 Answer | Asked in Child Custody and Family Law for California on
Q: In a custody battle, My findings and orders after hearings paper was not signed by a judge. Is this order enforceable?

The judge gave custody to the other parent. But when I got the paperwork back, I had a minute order form, but not any signatures from the judge on anything. Is this ruling effective or do I still have custody of my daughter?

Eliza Jasinska
Eliza Jasinska
answered on Jan 3, 2023

Please consult with the family law attorney. Family Code section 3022 requires that upon either party's request in a contested child custody proceeding, the court shall issue a statement of decision explaining the factual and legal basis for its determination. If your minute order expressly... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Just trying to see if these incidents are worth pursuing action against the hospital

admitted via referral from Urgent care to ER on 2/9/24 for infected hand. ER staff place IV incorrectly (tried to "float" the IV and failed). Left it that way for 8+ hours pumping meds (2 different bags of IV meds plus contrast for a CT) into my arm instead of my vein 'til my arm... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Consult with a medical malpractice attorney for any potential claim. Medical malpractice claims have to prove that the hospitals/doctors/nurses' conduct fell below the standard of care and it caused you injury. The information provided presents opinions and examples and does not substitute... View More

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2 Answers | Asked in Child Support and Family Law for California on
Q: Is child support based on percentage of time in custody agreement, or actual time each child spends with each parent?

I currently have a custody agreement that states my children will be with me 43% of the time (3 days a week). However, the courts gave our oldest son (17 years) the right to choose when and where he stays. He has now decided to stay 100% of the time with his mom. My ex wants to redo our child... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

It will be the actual time the child spends with the mother. However, updated custody orders should be obtained.

The child support court will not change your custody orders.

The information provided presents opinions and examples and does not substitute for, nor...
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