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Last year we only had 6 days to decide on our benefits. This year I asked to be informed early and was told there isn't any law that requires them to give us 30 days to review our benefits.
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answered on Nov 19, 2024
In California, there is no specific law requiring employers to provide 30 days for health benefit review during open enrollment periods. While it's considered a best practice to give employees adequate time to review their options, employers have flexibility in determining the length of the... View More 
I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and... View More
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answered on Nov 18, 2024
Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.
Based on what you've described, you may have grounds for a medical... View More
True statement? 60 day calculation per 8.104(a) rule.
In case when motion for reconsideration was denied, after motion to set aside dismissal was denied.
60 days are calculated from date when motion to set aside dismissal was denied.
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answered on Nov 17, 2024
This is incorrect regarding California Rule of Court 8.104(a) timing calculations.
When dealing with multiple post-judgment motions, the 60-day period to file a notice of appeal runs from the earliest of: the date of entry of denial of the motion for reconsideration, or the date of entry... View More
I have been on my back for 4 weeks now and on morphine just to be able to lay down . I twisted wrong and blew up a three and a half year long serious trauma because I fractured my sacrum they a sacral plasty the area about four years ago since then I have continually gotten worse. I have sciatica... View More
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answered on Nov 17, 2024
Your situation sounds incredibly painful and frustrating, especially being confined to bed for so long while dealing with severe back and leg pain. The fact that the injection provided temporary relief is actually valuable information - it helps confirm the location of the problem and suggests... View More
CRC Rule 8.108 defines in relevant part (e)(2)(3): the earliest of
(2) 90 days after the first motion to reconsider is filed; or
(3) 180 days after entry of the appealable order.
How to determine if 90 days or 180 days deadline applies when Plaintiff's first motion for... View More
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answered on Nov 16, 2024
When your first motion for reconsideration was denied, the 90-day deadline would apply in this situation under CRC Rule 8.108(e)(2), starting from the date you filed that first motion.
The rule sets up these two timeframes as alternative deadlines, and the key phrase "earliest of"... View More
If Plaintiff's Motion for Reconsideration in civil unlimited case was denied in California Superior Court, to which Court
Plaintiff has to submit appeal?
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answered on Nov 16, 2024
In California, after a denial of a Motion for Reconsideration in a civil unlimited case at the Superior Court level, you would need to file your appeal with the California Court of Appeal for your district. Los Angeles cases specifically fall under the Second District Court of Appeal's... View More
How to appeal in california court's decision to deny plaintiff's motion for reconsideration? What statutes, rules define this process?
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answered on Nov 16, 2024
To appeal a denial of a motion for reconsideration in California, you'll need to follow specific procedures under California Code of Civil Procedure Section 1008 and the California Rules of Court.
You must file a Notice of Appeal within 60 days after being served with notice of entry... View More
Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More
answered on Nov 9, 2024
Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More
I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More
answered on Nov 8, 2024
You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More
My daughter passed away as a direct result of her doctors at UC Davis hospital in Sacramento refusing to do anything to help her, her heart gave out because she needed dialysis and they refused to do so even though I found multiple studies and calls the other parents Who’s children had the same... View More
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answered on Nov 15, 2024
I'm deeply sorry for the devastating loss of your daughter. This must be an incredibly painful situation, and the alleged denial of care based on financial considerations is extremely serious.
For medical malpractice cases involving wrongful death in California, you have one year from... View More
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
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
I'm a PATIENT and asked the court to approve my cause of action for RETATIATION citing H&SC Section 1278.5 Subsections (b)(1), (c) and the court denied me, citing H&SC Section 1278.5 Subsections (d), (g), and (h), pertaining to employees.
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answered on Oct 31, 2024
Under H&SC Section 1278.5, the protections are specifically designed to shield employees from retaliation related to their work. This means that the law primarily addresses issues between employees and their employers within the healthcare sector. Since your role is that of a patient, the court... View More
Back in 2007 I was convicted wrongfully for 211 theft but I did the time then was released and dismissed but not completely since it still showed on my record when checked. But last year 2023 I was able to get it expunged I am working now and after a year of working with my employer my boss called... View More
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answered on Oct 31, 2024
Having your record expunged generally means that the conviction is set aside, and you can legally answer "no" when asked if you've been convicted of a crime. This should help reduce any negative impact on your employment. Employers are typically limited in how they can use expunged... View More
working. THey had no idea what to do or who to call, no one was answering. Tne next 2.5 years of hell have ruined my life. I was permanently mentally illl, had a crripled older dog who protected me which she knew. I was physically attacked two time, both because they lied to me about the status... View More
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answered on Oct 28, 2024
I'm truly sorry you've had to endure so much. It's important to reach out to a local legal aid organization in California that can help you understand your rights and explore options related to your illegal eviction and other challenges you've faced.
Connecting with... View More
Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?
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answered on Oct 27, 2024
To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More
I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More
answered on Oct 24, 2024
Use the Justia FInd a Lawyer tab and search for medical malpractice or dental malpractice lawyers in the county/area you reside. Call a few, meet with them, and then decide how to proceed from there. Most will provide a free initial consult or telephone consult. Good luck.
I had a doctor prescribing ciprofloxacin without having a proper diagnosis being made also wasn't even sure of diagnosis even when tests said differently still highly recommended that ciprofloxacin for its properties and not its intended use specially long term use nor considered other health... View More
answered on Oct 29, 2024
Yes, a doctor prescribing antibiotics without a proper diagnosis or documentation could be considered negligent, especially if this led to harm. Under California's MICRA law, non-economic damages are capped at $350,000 for injuries after January 1, 2024. Acting quickly is essential due to the... View More
I checked into Magnolia Urgent Care in Oxnard CA because i have pneumonia. My phone was on 3% I asked the front desk lady if they had a charger and they said no to ask the security guard at the front of the facility. I went to ask but no one was available. I saw the iPhone charger and decided to... View More
answered on Nov 17, 2024
It could depend on their guidelines and how the action with the charger is deemed. If their allegations of stealing are proven, it could support their actions. If you were not stealing, then the measures taken could be unjustified. It would be helpful to see what evidence they used to make their... View More
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
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
I was at residential treatment at Bayside Marin . On an intake, I told the staff member that I do not want my wife to the reason if I were to be kicked out. When I went from detox to the next housing, I told the staff member that I do not want my wife to know the reason why I’m kicked out. I was... View More
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answered on Oct 13, 2024
I'm sorry to hear about what you're experiencing. It sounds like your privacy was not respected, which can be very distressing.
You have the right to control who receives your personal health information under HIPAA. If the treatment center shared details without your consent,... View More
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