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What protocols defined by California Health and Safety code are in relevance to referral to hospice with non-existent terminal illness? Is hospital liable?
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answered on Dec 30, 2023
In short, to be elegible for hospice, two doctors must agree that the patient has a terminal illness with a life expectancy of six months or less. The qualifying diagnoses are cancer, renal failure, dementia, heart disease, HIV/AIDS, liver disease, stroke/coma, pulmonary disease or other terminal... View More 
They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More
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answered on May 23, 2023
I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More
The case is well documented, proven and the crime has even been admitted to under oath in federal court....it seems as if there are few (none) attorneys familiar with or interested in taking a civil case involving financial abuse of a dependent adult. The Elder Abuse Dependent Adult Civil... View More
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answered on Jun 19, 2019
It is not clear what you mean when you say the case has already been "proven" in court, but the remedies of attorneys' fees and punitive damages you mention are only realized after a verdict. That means your case must be tried, which you probably know is a long and expensive pathway.... View More
Can I sue a large chain store in California or must action be filed in Hawaii?
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answered on Jun 2, 2019
Your best bet would be to talk to a personal injury lawyer on the island where you suffered the injury. In cases like this, I think hiring local counsel is usually the best way to go. Good luck.
nobody did anything or listens and then I ended up passing out when they left me alone in a room in a wheelchair on the hard floor and fractured my school days later I had spinal fluid leaking on my ear I had to see a neurosurgeon in my neurologist diagnose me with post-concussion syndrome which is... View More
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answered on Nov 14, 2018
You should consult a lawyer. You might have a case for the doctor's (office) leaving you alone when maybe they shouldn't have, but it depends on many factors. Don't wait either. The statute of limitations for a medical malpractice case is shorter that a typical personal injury casee.
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answered on Aug 16, 2018
I assume you mean you had a tire blowout. If so, so you still have the tire? You'll have to prove that your crash was the fault of someone other than you. There are tire defects sometimes but you would need to have the tire examined by an expert. Good luck.
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answered on Jun 5, 2018
It depends. If the nursing home resident is living, then usually that person is the only person who can bring a suit for nursing home neglect or abuse. If the person has died as a result of poor treatment, and there is a case for wrongful death, then California law requires that certain heirs be... View More
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answered on Jan 11, 2018
As a general proposition, yes, you can be sued if your dog got out, jumped on someone, and injured them.
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answered on Nov 10, 2017
If you suffered real injuries
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answered on Sep 29, 2017
First and foremost, make sure her caretakers know about it so she can get appropriate treatment. From a liability standpoint, more facts would need to be known. Developing a bed sore in of itself doesn't mean someone was negligent. It can happen under the best of circumstances. How it... View More
I understand that my attorneys charge rate goes up after a trial date is set, I however thought that a trial date was to be set after failing to reach. Settlement during mediation/arbitration. A month agoI recieved a letter stating that a trial date has been set for the summer of 2018. Now 1 week... View More
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answered on May 31, 2017
It's not clear what jurisdiction you are in, but in San Diego there is a case management conference a few months after the lawsuit is filed. At that conference, the judge will ask if the parties are interested in mediation, and, if so, require that it be completed by a certain date. The trial... View More
and Records to the insurance company and they keep putting me off now and the deadline is coming up what should I do
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answered on Mar 15, 2017
If you had to undergo significant medical care after your accident, you would be well-served by talking to a qualified personal injury lawyer. You should not delay. Best of luck.
They will pay me $30.00 a day for loss of use. For over 2-1/2 months, I could not use a rental due to injuries. I did not rent @ $165.00 a day (Harley Davidson) for the balance time until the repairs were completed. Is the insurance company obliged to pay me $30.00 a day, or $165.00 a day.
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answered on Apr 24, 2014
Typically the availability of a rental vehicle is a function of the insurance policy, which here sounds like a $30 per day provision. You're probably limited to $30 per day, but its' worth asking to read the policy.
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answered on Dec 8, 2010
The short answer to your question is that it depends on the judge and the type of case. In most courtrooms, however, the court will issue a tentitive ruling prior to an oral argument so that the parties and their lawyers know what judge is thinking, and to focus the oral argument. After the oral... View More
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answered on Dec 2, 2010
Is this agreement between you and the negligent driver in writing? That would be a starting point to determine how you can enforse this agreement. A better question would be, why did you agree not to go through insurance? If the accident occurred less than three years ago, you could probably just... View More
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answered on Dec 2, 2010
Maybe. Suing a governmental entity for a defect in public property is usually a tough case. In many ways it depends on the size of the hole and whether the city was aware of it (or should have been aware of it). It also depends on your conduct. The law, of course, assumes you're going to ride... View More
Of plaintiff's medical expenses in an amount less than the medical provider billed "customary and usual charges" can plaintiff recover from the defendant tort-feasor the full amount of the billing?
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answered on Dec 2, 2010
Yes, usually, but to completely answer this question it would be helpful to know how the medical bills were paid to the provider. The answer might be different if the bills were paid in cash, private insurance, or a public plan such as Medicare or Medi-Cal.
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answered on Nov 4, 2010
A medical malpractice lawyer is a lawyer that sues health care providers for negligent care. In California, "health care provider" has a specific definition, but generally refers to doctors (M.D., D.C.), nurses, hospitals, and nursing homes. To determine whether care was... View More
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