James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Michael R Trust Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.... View More