We had to be referred to an outside (of our network) neurologist to get a diagnosis of spinal cord compression that required immediate surgery. Patient now has long term mobility issues and minimal chance for full recovery. Can the original Neurologist be held liable for medical malpractice for... View More
answered on Apr 24, 2023
That is potentially medical malpractice. The radiology studies and medical records will need to be reviewed by an expert neurosurgeon/neurologist. Sending an Intent to Sue letter will not "force" anyone to give you a settlement offer. Your case is very likely to go to trial unless the... View More
If a call originates in a one party consent state, but the recipient is in a two party consent state, and the call is recorded. which state's law prevails?
answered on Apr 17, 2023
No one can answer that with accuracy. The judge of the state in which a lawsuit is filed will decide. Factors may include from which state the call originated, whether either or both parties are residents of the state from which the call originated, or have sufficient contacts with that state,... View More
again this from the first post that i created.. i got a citation and what i said got it in writing.. but i never gotten what the other driver said.. is there any way to get it.. or it will be presented in court. i have a dash cam footage that shows the other driver ran the red during a turn i was... View More
answered on Mar 27, 2023
If you had liability insurance, you should notify it of a claim against you. Your liability insurer will hire an attorney to defend you.
If you don't have liability insurance, you will have to hire your own attorney, or defend yourself.
Whether you should voluntarily provide... View More
the light turn red but from point of view it was yellow.. and person driving the opposite side hits the person that was turning.. there is camera footage from another driver that was turning on the same street.. on the street that he turned into the light turn green.. looks like the guy was... View More
answered on Mar 25, 2023
If the light turned red, it's supposed to appear red from every point of view. After that, it is impossible to figure out what happened from your post. If the traffic lights are out of phase, the city might be at fault. A Government Tort Claim has to be filed within 6 months of the... View More
My right to a jury trial? Never served the complaint.
“My case didn’t have valur without reverse rotator cuff replacement surgery yet.” The impact loosened my bridge. Dental work had to be done first. $17,000 and dentist extracted all my upper teeth he never created a functioning... View More
answered on Mar 22, 2023
Jury trials can be demanded 10 days before the Case Management Conference, which apparently hasn't happened yet since the complaint hasn't been served.
The conditions you describe sound like ordinary negligence, not deserving of punitive damages. This is heavily fact dependent,... View More
In 1988, while in LA County custody, my patient was violently assaulted by a corrections deputy, leaving him crippled to this day. He's been incarcerated until his recent release into our program (in Palm Desert), and was blatantly discouraged by prison staff to not pursue legal action during... View More
answered on Mar 21, 2023
That was 35 years ago. Normally, the statute of limitations would have expired long ago. However, under Code of Civil Procedure section 352.1 (the version in existence in 1988), the statute of limitations is tolled during the period of incarceration. However, the 1994 amendment to 352.1, which... View More
My mother passed away a few days ago. The in home health service failed to identify and correctly treat a pressure ulcer on my mother's bottom.
Stage 4. 5 inches in diameter.
Completely avoidable.
answered on Mar 17, 2023
You can talk to the the licensing agency for the State of California. It regulates and disciplines companies and individuals in the home health care industry. cdss.ca.gov/inforesources/ccld-complaint-hotline
You can speak to an attorney who is familiar with medical malpractice and Elder... View More
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
answered on Mar 6, 2023
You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... View More
Home health care sitting. Employees spand 95% of the time sitting to monitor clients while they're sleep.
answered on Mar 4, 2023
Industrial Welfare Commission Wage Order 2-2001 (pertaining to the Personal Services Industry) provides that
14.SEATS
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
(B) When employees are not... View More
Personal injury lawyer never served complaint after filing it and summons. Complaint did not outline my case, my injuries or defendants negligence.
On (date): July 19, 2019 plaintiff was injured on the following premises in the following.
Prem.L-4.
fashion (description... View More
answered on Feb 20, 2023
The fee is whatever the retainer agreement specifies. Changing attorneys won't alter that. Your original attorney will have a strong claim to almost the entire fee charged by your new attorney because the original attorney negotiated the settlement amount. You probably won't be able... View More
I got into accident his fault but vehicle not registered to me and np insurance.. he has AAA insurance. They admit fault. What can I do
answered on Feb 20, 2023
If you were uninsured, you can recover your medical expenses, property damage, and loss of income, past and future. I would add that your own lack of insurance does not necessarily mean you were uninsured. If the owner of the motorcycle carried insurance, and you were using the motorcycle with... View More
my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More
answered on Feb 13, 2023
If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... View More
I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know
answered on Feb 6, 2023
Sounds like homework.
If this is a real problem, you are facing criminal charges in the juvenile system. You are also facing CPS involvement once your child is born given your potential convictions for rape and distribution of narcotics. Sounds like you would also test positive, and your... View More
Crashed a company vehicle and at the time I had worked over the years. Nearly 8 thousand hours. Nearly 50k has been payed for my health and welfare. From 2015-2018. These years I wasn't even covered. I have evidence of all this with documents. It's crazy to me that my credit has been... View More
answered on Jan 30, 2023
Unclear what you are asking about. If you were in a company vehicle, the company's auto insurance should have applied, including Medical Payments and Uninsured/Underinsured Motorist coverage (if the collision was the fault of another party). If you are asking about medical coverage, it would... View More
My lawsuit settled in August 2021 the law firm that represented me only give me half of my settlement and said that Medicare was owed the other half. But never showed me proof of this and I've been asking since for some sort of proof that Medicare stepped in and took half the funds. Is there... View More
answered on Jan 25, 2023
The attorney is supposed to account for all funds and report to you.
California Rule of Professional Conduct 1.15 (calbar.ca.gov/Portals/0/documents/rules/Rule_1.15.pdf):
"(d) A lawyer shall:
(1) absent good cause, notify a client or other person* no later than 14... View More
Once I agree to the confirmation of the demand, how long do I have to confirm that I will accept it and recieve payment?
answered on Jan 24, 2023
If you made a demand, and the defendant agreed to it, you don't get to decide whether you will live up to your demand. Unless your offer expired, or the defendant tried to impose new and different conditions, the contract has been made.
After you made the offer, and the defendant... View More
MRI for my headache's and neck pain have bulging disk no surgeries no more medical visits I've been told were waiting on medical lien that it would be 30-60 days but it's been over 6 months it's been a struggle since day 1 and still is should I call my insurance co IDK what to... View More
answered on Jan 23, 2023
You must have your own UM coverage. If so, you need to request UM arbitration against your own insurer. Settlements are not automatic just because the lien amount came in. You need to litigate your case to make your insurer pay.
Sounds like you have an attorney. If so, direct all... View More
I wasn't driving I was sitting in my car and was slammed from behind still waiting for my settlement my lawyer isn't keeping in contact to make it worse what should I do
answered on Jan 23, 2023
You can wait, or you can try to get a new attorney. No one can tell you whether your case should be settled by now. We don't know your injuries, medical treatment, medical expenses, whether your treatment is complete or ongoing, how many expert witnesses you require to testify at your UIM... View More
And drove into the car behind me, & the car behind that. She wasn’t injured, nobody was, even though her car ended up on its side. I only have liability insurance. Her insurance put me off for six months, then decided not to pay me out for my totaled car, & the money I’m out on towing,... View More
answered on Jan 22, 2023
You can sue in Small Claims court. Her insurance will pay up to its property damage policy limits, if she is liable. Small Claims allows judgments of up to $10k.
However, if the collision was not the result of her voluntary conduct/movements, she is not liable. A potential exception is... View More
she will not tell me the amount i will get back and i dont want to sign untill i know
answered on Jan 21, 2023
Your attorney probably cannot tell you how much you will receive before you sign. Medi-Cal won't even provide a reimbursement number until the settlement is signed. Medicare can take months to negotiate. Health insurers won't agree to a reduction of their reimbursement requests until... View More
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