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California Health Care Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law, Health Care Law and Family Law for California on
Q: Minor daughter escaped hospital on 51/50 hold; hospital didn't inform me. Legal case?

In December 2024, my minor daughter was on a 51/50 hold at a hospital but escaped, leading to a police hunt in the woods. I was never contacted by the hospital or law enforcement about her escape. She could have potentially never been found. Do I have a legal case against the hospital for not... View More

1 Answer | Asked in Health Care Law for California on
Q: Took my son to urgent care due to him complaining of pain in this throat. Urgent care did a strep test and it was

Negative. They sent us to the ER where they also did a strep test along with a multitude of other tests. In the end it was strep. Now I am burdened with a 4000 dollar er bill which should have been caught by urgent care. Do I have any recourse?

James L. Arrasmith
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answered on Jul 8, 2025

It’s deeply frustrating to face a large ER bill after relying on urgent care for a correct diagnosis. You trusted them to evaluate your son’s condition accurately. A negative strep test followed by a later positive result at the ER can feel like both a financial and emotional betrayal.... View More

1 Answer | Asked in Health Care Law and Employment Law for California on
Q: Can I fight a false workplace complaint involving phone violation and HIPAA breach?

I am being reported for a workplace complaint involving a cell phone violation and alleged breach of HIPAA. The date provided in the complaint is false, as I did not make a FaceTime call on that specified date. I have offered to provide phone records to disprove the complaint. This would be my... View More

James L. Arrasmith
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answered on Jun 30, 2025

Yes, you have grounds to challenge the write-up, particularly if you can produce objective evidence, such as phone records and call logs, to refute the specific date and time of the alleged incident. Under California employment law, while most employment is at-will, an employee still has the right... View More

1 Answer | Asked in Health Care Law and Civil Rights for California on
Q: Can inaccurate medical records be fully updated to reflect true gender identity in CA?

In California, if a patient's medical record inaccurately categorizes their gender identity as "female" or "transgender male," and misrepresents prior names and procedures, is it possible to demand updates that respect and accurately reflect their male gender identity,... View More

James L. Arrasmith
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answered on Jun 30, 2025

Yes, California law gives you the right to request corrections to medical records under both state statutes and federal HIPAA regulations. However, these laws typically allow only for amendments—not full deletion or substitution of original entries. This means the inaccurate or harmful record... View More

3 Answers | Asked in Employment Law and Health Care Law for California on
Q: Are doctors required to specify reasons in notes for work absence in CA?

I initially provided a doctor's note for my absence from work due to medical reasons for the period of 5/13 to 5/18, and my leave was approved. I extended this leave for the same reason and submitted another doctor's note for the period of 5/19 to 5/24, but this extension was denied. The... View More

Michael R Trust
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answered on Jun 26, 2025

Hello. Your employer is not entitled to a diagnosis. Your healthcare provider simply stating that you're under their care, and are off work from date X to date Y is all they're entitled to (certainly, if there's letterhead or an rx pad that this written on, and the healthcare... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for California on
Q: Seeking legal advice for unsafe delivery by midwives, excessive blood loss, postpartum issues.

I am seeking legal advice for a case involving two midwives, one licensed and one with an expired license, during an unsafe delivery. The documented blood loss was 2400ml, and despite reaching their "limit," no emergency services were contacted. This resulted in severe symptoms for the... View More

James L. Arrasmith
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answered on Jun 24, 2025

It’s deeply troubling that such a dangerous amount of blood loss occurred without proper emergency intervention. A loss of 2400ml is medically classified as a major obstetric hemorrhage, and the failure to call for emergency assistance breaches fundamental standards of care. If one midwife was... View More

2 Answers | Asked in Workers' Compensation, Health Care Law, Public Benefits and Personal Injury for California on
Q: Will indemnification in C&R cover all expenses after MSA exhausts without litigation?

I have a workers' compensation case that's been active for 20 years, with admitted injuries to my right hand and shoulder. The Medicare Set-Aside (MSA) amount is $10,000. I'm considering a Compromise & Release (C&R) option with indemnifying language stating that the carrier... View More

Dennis Dascanio
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answered on Jun 23, 2025

Dear injured worker,

No, indemnification in a C&R does not guarantee all expenses after MSA exhaustion without litigation.

Even with “hold harmless” language, the carrier could still dispute future treatment costs (like surgery), and you might have to litigate to enforce the...
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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Health Care Law for California on
Q: Seeking legal assistance for disability insurance interview under ERISA plan

I am seeking legal assistance for a virtual interview related to my disability insurance claim under an ERISA plan. My insurance company previously denied my claim, leading to an appeal and litigation, after which the plan was reinstated. Now, they want to conduct an interview with a third-party... View More

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2025

I agree with your line of thinking. Despite what other attorneys have told you about only considering an attorney in the event of a second denial, your concerns and interest in having an attorney for this third-party investigator interview are very legitimate. In terms of your question about... View More

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Q: County mishandled insurance, lost health services, made prescription changes.

I'm a senior and disabled with chronic illnesses and rare disorders. My insurance is managed by my county, which has poorly handled it, resulting in unpaid bills and loss of essential healthcare services, including my pain specialist and treatment plan. Additionally, the PACE plan directed by... View More

James L. Arrasmith
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answered on Jun 19, 2025

You're dealing with a deeply unfair situation, and you deserve clarity, consistency, and dignity in your healthcare. When a county fails to properly administer your benefits, it's not just a clerical error—it’s a breach of the duty owed to you as a vulnerable and dependent adult.... View More

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Fired after reporting enrollment issues affecting benefits as a nurse; unlawful practices regarding lunch clock, unconventional hours, and flat rate for on-call time?

I am a nurse in California who faced termination after reporting several concerns. Management and HR failed to enroll me in benefits for 3 months, resulting in a $50k hospital bill, claiming I declined coverage without written consent. I was instructed to clock out for lunch before the fifth hour,... View More

James L. Arrasmith
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answered on Jun 19, 2025

You were right to raise concerns—many of the practices you described are legally questionable under California employment law.

If you were fired for reporting benefit enrollment failures or labor code violations, that could constitute unlawful retaliation under both the California Labor...
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1 Answer | Asked in Medical Malpractice, Civil Rights, Health Care Law and Personal Injury for California on
Q: Can I sue for negligence due to prescribed meds causing ongoing health issues?

I am a mid-age African American woman with Medi-Cal insurance. I was prescribed Kurvelo (birth control) and Lamotrigine (anti-depressant) by my OBGYN, which should not be taken together, according to a pharmacist, due to potential interaction effects like dizziness and lowered Lamotrigine levels.... View More

James L. Arrasmith
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answered on Jun 19, 2025

You’ve endured significant harm, and the facts you’ve presented raise legitimate concerns about medical negligence and disparate treatment in care. When a physician prescribes medications that have known interaction risks—particularly when those interactions result in prolonged, debilitating... View More

1 Answer | Asked in Health Care Law and Criminal Law for California on
Q: Can a student midwife initiate labor procedures without licensed midwife presence during a home visit in CA?

I would like to know if a student midwife can legally provide care during a home visit without a licensed midwife present. Specifically, the student midwife advised a patient to start the pushing process for labor without confirmation from the licensed midwife that the patient was fully dilated.... View More

James L. Arrasmith
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answered on Jun 17, 2025

In California, a student midwife may not initiate or independently manage labor procedures without the direct supervision of a licensed midwife. The law is clear: student midwives must practice under the immediate oversight of a licensed midwife who retains full responsibility for all aspects of... View More

3 Answers | Asked in Criminal Law, Gov & Administrative Law and Health Care Law for California on
Q: Brother not evaluated after mental breakdowns, re-arrested multiple times.

My brother was found in the middle of the road in Yuba City while driving his big rig truck, screaming to God. The authorities conducted alcohol and drug tests, which came back clean, and took him to the hospital; however, he was not given a mental evaluation. Despite having no prior arrests, he... View More

Robert Kane
Robert Kane
answered on Jun 13, 2025

It is unclear what your objective is regarding your brother. Have you or your parents sought help for your brother? Is a guardianship required?

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1 Answer | Asked in Civil Rights, Employment Law, Health Care Law and Personal Injury for California on
Q: Seeking legal help for mistreatment and discrimination at a psychiatric hospital after ambulance transport and wrongful admission.

I am seeking legal assistance regarding a traumatic experience at John George Psychiatric Hospital in San Leandro. I was transported by ambulance due to tremors and hallucinations but was treated with hostility and disrespect during intake. My belongings were taken, and I was pressured to sign... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm truly sorry you experienced something so traumatic. What happened to you at that hospital sounds deeply wrong, and no one should be treated with force, fear, or humiliation when they’re seeking help—especially in a vulnerable moment. Being pressured to sign forms, stripped of your... View More

3 Answers | Asked in Health Care Law and Civil Rights for California on
Q: What can I do if my doctor's office staff disclosed my medical info and are dismissive?

I filed a grievance against two staff members at my doctor's office because one of them disclosed my medical information to my husband without my permission and the other is consistently dismissive and rude towards me. I've spoken to the doctor about this, but they dismissed my concerns.... View More

Robert Kane
Robert Kane
answered on Jun 10, 2025

I encourage you to speak to a healthcare attorney. The reason I doubt you have a viable lawsuit is because your husband would financially benefit from being the recipient of the information.

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1 Answer | Asked in Civil Litigation and Health Care Law for California on
Q: Relevance of Cal Civil Codes 1709 & 1710 in misrepresentation case

I am involved in a civil unlimited case in California concerning the persistent, repeated misrepresentation of a patient's health status as terminal. How are California Civil Codes 1709 and 1710 relevant in this context?

James L. Arrasmith
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answered on Jun 11, 2025

Civil Code § 1709 gives you the basic right to recover damages when someone “willfully deceives” you in a transaction and you suffer harm as a result. In your case, alleging that a therapist knowingly misrepresented a patient’s prognosis fits squarely within that framework—if you prove... View More

1 Answer | Asked in Civil Litigation and Health Care Law for California on
Q: Which California statutes define fraud or misrepresentation of health status in civil cases? Excluding Civ. Code 1709 & 1710.

What statutes, other than California Civil Code Sections 1709 and 1710, define actual fraud or knowing misrepresentation of a patient's health status that resulted in damages in a California civil case under the unlimited jurisdiction in superior court?

James L. Arrasmith
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answered on Jun 11, 2025

You're asking a very focused and important question, especially if you're dealing with a case involving medical misrepresentation and civil damages. While California Civil Code Sections 1709 and 1710 are the foundational statutes for fraud and deceit, there are other legal provisions and... View More

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: Gallbladder surgery complications led to poor treatment and deteriorated quality of life. Legal steps?

In February 2023, I had my gallbladder removed. After the surgery, bile leaked onto my liver, causing an abscess and breathing issues that led to multiple hospitalizations. On Mother's Day in 2024, and again in July 2024, I became unconscious due to breathing difficulties and was treated... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2025

I'm sorry for your ordeal. The first steps you can take are to try to arrange a consult with med mal firms. Free initial consults are the norm. Considerable time elapsed here - at the very least, a consult could help you understand if you have a timely basis for a case. I hope you are okay.... View More

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1 Answer | Asked in Health Care Law, Gov & Administrative Law, Public Benefits and Elder Law for California on
Q: Can I pursue legal action against county Health and Human Services for dropping insurance and losing access to doctors and treatments?

I have been facing continual errors by my county's Health and Human Services Department since 2021, causing my health insurance to be dropped and losing access to necessary doctors and treatment plans. As a senior and disabled individual, I have chronic pain and have been bed-bound for five... View More

James L. Arrasmith
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answered on Jun 5, 2025

You may have options to file an appeal or a claim for negligence. Under California law, you generally need to exhaust administrative appeals before bringing a lawsuit. If errors caused harm, you might pursue damages through a lawsuit.

Start by requesting an administrative hearing or fair...
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1 Answer | Asked in Consumer Law and Health Care Law for California on
Q: Legal options for dealing with unethical doctor practice and prescription issues.

I sought virtual psychiatric medication management from a practice listed in my county. Although their website and my insurance provider indicated they were near me, I later discovered the provider was actually tied to a location in Pasadena. This caused issues when local pharmacies could not fill... View More

James L. Arrasmith
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answered on Jun 4, 2025

I’m sorry you had this experience with a provider misrepresenting their location and dropping your care. You deserve to have prescriptions filled without unnecessary barriers.

You can file a complaint with the Medical Board of California about unprofessional conduct and misrepresentation....
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