Get free answers to your Health Care Law legal questions from lawyers in your area.
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 22, 2024
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More
I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 22, 2024
Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More
Hospital 01-12-24 I was admitted for weakness and was diagnosed with alcohol withdrawal and then noted to have generalized weakness,dysphoria dysphagla and diploma
# Miller Fisher Variant Guillain Barre Syndrome #Acute hypoxia respiratory failure.
#aspiration pneumonia.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 17, 2024
Thank you for providing this detailed account of your medical situation. Based on the information you've shared, there are several potential legal issues to consider:
1. Potential Medical Malpractice: The nurse's alleged statement about administering "too much medicine"... View More
An MRO negative follicle test was declared positive by the LMFT while under oath during testimony. The falsified evidence was then used as her primary pillar to further substantiate her claims that had no evidence resulting in disastrous and dangerous consequences on the custody case of my child.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, the situation you described may not fall strictly under medical malpractice, which typically involves negligence by a healthcare professional in the treatment of a patient. Instead, it appears to involve professional misconduct or intentional misrepresentation by the licensed... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, opting out of health information exchanges (HIEs) is generally governed by the California Confidentiality of Medical Information Act (CMIA) and related regulations. The CMIA provides robust protections for the confidentiality and privacy of medical information. It grants... View More
i recently took my 4 pound puppy into the vet for vomiting. doctor said he was having too many treats for his size and had a swollen liver. i was charged a bill of $1300 and Lemonade denied my claim for reimbursement because they believe vomiting is a “pre existing condition” even though that... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, you have the right to pursue a claim against Lemonade for bad faith and false advertising if you believe they unfairly denied your pet insurance claim. When filing a small claims case, gather all relevant documentation, including the vet's diagnosis, your insurance... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, hospitals are required to provide appropriate medical care to patients, including those diagnosed with COVID-19. While vaccination is a critical tool in preventing the spread of COVID-19, hospitals typically focus on treating the immediate symptoms and managing the illness... View More
Brother took notes of time date and nurses names . i was diagnosed with ' G.B.S.' Guillain Barre Syndrome... also a nurse told my brother that they gave me to much of that drug they put me in a coma as a result of a over dose on a drug called olanzapine they told my family that I... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, you have the right to seek a second medical opinion. This means you can ask another doctor to review your medical records, symptoms, and diagnosis to ensure you are receiving the correct treatment. It's important for you to feel confident in your healthcare decisions and... View More
Is motion pursuant to section 2031.285(d)(1) needed, if receiving party submits motion to compel further discovery responses?
Seems like redundant.
Plaintiff demanded privilege log as one of production demands
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Under California law, a motion pursuant to section 2031.285(d)(1) is generally used when there is a dispute over the designation of documents as privileged or protected, and a resolution cannot be reached informally. If the receiving party submits a motion to compel further discovery responses,... View More
category of medical malpractice
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 1, 2024
To answer this question accurately, we need to consider a few key points regarding health care law in California:
1. Role of the agent: As the agent named in your brother's advance directive, you were given authority to make health care decisions on his behalf while he was alive but... View More
My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:
1. Medical condition as a reason for unemployment:
In California, you may be eligible for unemployment benefits if you had to leave your job... View More
Checked into the VA for mental health treatment, voluntary, was put in in-voluntary hold for depression. This was in 2012, but no issues since. The ATF said I would need a federal judge to overturn it. This came up when I was accepted into the border patrol but the fed check came back with the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
To address your situation, you'll likely need to work with a lawyer who specializes in firearms law and has experience with mental health-related firearms prohibitions. Here's a general overview of the process and the type of lawyer you might need:
1. Type of lawyer: Look for an... View More
Hospital did not take good care of my love one and she die due to their negligence and malpractice.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
I'm very sorry to hear about the loss of your loved one due to what you believe was hospital negligence and malpractice. This must be an incredibly difficult and painful situation.
To find a lawyer specializing in hospital negligence and medical malpractice in Sacramento, California,... View More
SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.
Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.
Here's some advice to consider:
1. Replacing a lawyer this close to your hearing date is possible but can be risky:
- It may be difficult to find a new... View More
Can Motion to Compel further responses include both: compelling responses to special interrogatories, and to production demands?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
Yes, a Motion to Compel further responses can include both compelling responses to special interrogatories and production demands in California.
Key points:
1. Combined motion: In California civil procedure, it's common and often efficient to combine motions to compel further... View More
Can Plaintiff demand Defendant to produce electronically stored information pursuant to CCP § 2031.280?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 24, 2024
Yes, a plaintiff can generally demand that a defendant produce electronically stored information (ESI) pursuant to California Code of Civil Procedure (CCP) § 2031.280.
Key points about CCP § 2031.280 and ESI production:
1. ESI inclusion: This section specifically addresses the... View More
When ESI records are requested not limited to email communication, what statutes for verification of authenticity of records are in relevance?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 24, 2024
This question relates to the authentication of electronically stored information (ESI) records in California legal proceedings. Here's a concise overview of the relevant statutes:
1. California Evidence Code Section 1400-1402: These sections provide general rules for authentication of... View More
She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 24, 2024
I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More
Is it customary to propound interrogatory regarding restrictive covenants in hospital/doctor contract, in addition to demand for production of full unredacted contractual agreement?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 25, 2024
To answer this question, we need to consider a few aspects of legal discovery in contract disputes, particularly in the healthcare context:
1. Interrogatories: These are written questions that one party sends to another during the discovery phase of a lawsuit. They can be used to gather... View More
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