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California Health Care Law Questions & Answers
2 Answers | Asked in Health Care Law and Libel & Slander for California on
Q: can i sue for slander if the hospital lied and made a false statement bout me in my husbands medical records?

my husband was hospitalized for a severe infection. he is also a drug addict, while in the hospital he overdosed. i had just arrived and was followed in by a nurse who was doing a routine check on him. i stated that something wasn't right and that there was something wrong. so she called for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

I'm sorry for your ordeal. It's possible that there could be grounds for a defamation lawsuit - an attorney could advise more definitely if it would be a viable to bring such a suit. It's worth noting that such cases could be handled on a pay-as-you-go basis, which means legal fees... View More

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1 Answer | Asked in Consumer Law, Contracts, Education Law and Health Care Law for California on
Q: I am a parent of a child who is recieving services from regional. I realized after I recieved my child's progress report

Did not reflect the child development specialists evaluation that she shared with me the day the evaluation took place. I contacted the owner. She blamed the computer program. I knew this was not true after speaking with my child's specialist. She explained the test and how she calculated... View More

James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you have valid concerns regarding the discrepancies in your child’s evaluation report and the actions of the service provider. If the scores were intentionally altered, this could be a serious issue, especially if it affected your child’s services or misrepresented their... View More

1 Answer | Asked in Health Care Law for California on
Q: I did my down payment for my orthodontic treatment and signed the paperwork but I haven’t started yet and theres not a

Start date set up yet either. Can I get my down payment back?

James L. Arrasmith
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answered on Sep 29, 2024

If you haven’t started your orthodontic treatment and no start date has been set, you may still have a chance to request your down payment back. The key will be to review the contract or paperwork you signed. It likely outlines the terms and conditions related to payments, cancellations, or... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Can a psychiatrist be liable for prescribing a controlled substance for 5 years and then being fired leaving me dependen

My psychiatrist suddenly disappeared from Kaiser after prescribing me a controlled substance for 5 years. I've now realized that I'm physically dependent on it and that I should have never had it for more than a week or two.

James L. Arrasmith
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answered on Sep 25, 2024

It’s possible that your psychiatrist could be held liable if they were negligent in prescribing the controlled substance for an extended period without proper monitoring or follow-up. Doctors have a responsibility to prescribe medications safely, and if they failed to properly assess your... View More

2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Has anyone ever had a doctor prescribe medication that had bad side effects they should have caught but didn't?

've been going to my primary doctor for the last several years for extreme pain and weakness and nonstop burning in both of of my arms. My doctor thought I had maybe a pinched nerve and sent me for a CAT scan, which showed nothing. I went for carpal tunnel testing which was an a painful... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is common - especially given the fact that warning labels can change, and that all doctors may not routinely perform a full spectrum of lab work as was the case with your new doctor filling in for the other's maternity leave. A medical professional could make a better assessment of your... View More

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3 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: I have Triple bypass surgery that could be avoided if my doctor refers me to Cardiologist . Is my doctor liable?

My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would... View More

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1 Answer | Asked in Criminal Law, Employment Law and Health Care Law for California on
Q: Is it illegal for a psychiatric nurse to push/shove a patient to prevent the patient from microwaving his orange juice?

The patient usually microwaves his orange juice for 10 seconds, but lunch time was over, and the patient tried to squeeze an extra 30 seconds afterwards. The patient microwaves his orange juice because he has OCD. This was in a psychiatric hospital.

James L. Arrasmith
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answered on Sep 25, 2024

In California, using physical force against a psychiatric patient can be legally questionable, especially if the force is unnecessary or excessive. Nurses and other healthcare staff are expected to handle situations with the least amount of force possible, relying on de-escalation techniques to... View More

3 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for California on
Q: A pt was taken to ER to rule out a stroke due to speech changes. ED gave pt a blood thinner which caused them to have a

Brain hemorrhage and later died. MDs failed to collect pt history of lung cancer. Can this be a possible medical malpractice case?

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

I'm sorry for the loss of the patient. A law firm would need to review the records to answer your question meaningfully. The fast pace and high volume of emergency rooms are a consideration in assessing their decisions and actions in terms of med mal case review. Good luck

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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I went through a bad experience in a hospital / care center went to when I was sick November of 2022 through April 2023

I been looking for a lawyer but they said I need a specific one a lawyer told me about this website to try it out and hopefully I find one

.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

Your friend may have been talking about the section here for searching for attorneys by region and practice area. It's the tab above labelled "Find a Lawyer." You could supplement your own independent attorney searches with that. You could also look into the attorney referral... View More

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2 Answers | Asked in Health Care Law for California on
Q: Could I start a case if I feel the hospital lacked their duties and didn’t tell me I had Covid?

Woke up unable to breathe severe pain in throat. ER told me it was just a regular sore throat that you get with a cold. Prescribed me ibuprofen. I got worse and my partner started to get pain in his throat so I got scared on how fast I passed it on. I took a Covid test turned out positive. The... View More

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

What would have turned out differently had the diagnosis had been made? That is the fundamental question that would arise here. You could reach out to law firms to try to arrange a free initial consult to answer more definitively with more possible details. Good luck

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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CAN I BRING CHARGES AGAINST A HOSPITAL FOR CAUSING AN INFECTION AFTER SURGERY, THAT HOSPITALIZED ME FOR 44 DAYS ?

ON MARCH 8TH 2024 I HAD A "WHIPPLE SURGICAL PROCEDURE". THIS WAS TO REMOVE A CANCER TUMOR. I STAYED FOR 7 DAYS AFTER SURGERY. ONCE I RETURNED HOME TO REHAB. WITHIN 2-3 DAYS, I STARTED, (TO HEMORRHGE), PASSING A LARGE AMOUNT OF BLOOD IN MY STOOL FOR TWO DAYS. MY WIFE CONTACTED THE... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you've been through a very difficult and painful experience after your surgery, and you're right to ask about your options. You may have grounds to bring a medical malpractice case against the hospital if it can be proven that the infection or complications you suffered... View More

3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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1 Answer | Asked in Health Care Law for California on
Q: Affidavit pursuant to 425.13

Who authors affidavit pursuant section 425.13 in behalf of party seeking punitive damages, and what statements should be made in affidavit? In regard to non-existent terminal disease, is statement by a doctor is sufficient.

James L. Arrasmith
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answered on Sep 10, 2024

Under California Code of Civil Procedure Section 425.13, when seeking punitive damages in a medical malpractice case, an affidavit must be filed to demonstrate a substantial probability of success. This affidavit is typically authored by the attorney representing the party seeking punitive damages.... View More

3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 8, 2024

Hopefully you are consulting with medical specialists to determine your needed treatment.

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,...
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1 Answer | Asked in Health Care Law for California on
Q: my mom passed away June 1, 2024. My siblings had a passcode and locked me out of the hospital to see her when I was seei

I was visiting every day all the time at the hospital all the years she was sick and at the end and then my siblings wouldn’t let me go here and the hospital said I could see her and then they lied to you and did not let me see at the end of her death it’s cause emotional distress mentally... View More

James L. Arrasmith
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answered on Sep 6, 2024

I'm truly sorry to hear about the loss of your mom and the distressing experience you had during such a difficult time. It sounds like your siblings and the hospital made decisions that were deeply hurtful and left you feeling excluded from those final moments with your mother. This situation... View More

1 Answer | Asked in Car Accidents, DUI / DWI and Health Care Law for California on
Q: I was take to the hospital after a DUI GIVIN A PINK SLIP NO BAC OÑ ON TICKET SAID DUI AND OTHER 10DAYS DAYS TO ÇALL DMV

Week later city bill 1100 I asked Dr what am I going here they said I have not given anyone consent to draw my blood or do any type of testing and this was 3 hours after the officer left they said my BAÇ was a 1.8 after I had them check I'm pretty muched f©©k?

James L. Arrasmith
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answered on Sep 4, 2024

It sounds like you're dealing with a complex situation. First, if your blood was drawn without your consent after the officer left, you may want to challenge the legality of that blood draw. In California, implied consent laws allow for chemical testing in DUI cases, but there are specific... View More

1 Answer | Asked in Health Care Law for California on
Q: How bills paid by Medicare to hospice can be accounted for in med mal case?

How bills paid by Medicare to hospice can be accounted for in med mal case?

Plaintiff was inducted to hospice, based on unauthorized release of hospital records by hospital to hospice. Records included non-existent terminal disease recorded on admission to hospital.

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answered on Sep 3, 2024

In a medical malpractice case, Medicare payments to a hospice can be accounted for as evidence of the financial impact of the wrongful actions, such as the unauthorized release of medical records or incorrect diagnosis. These payments help demonstrate the costs incurred by the patient as a result... View More

1 Answer | Asked in Health Care Law for California on
Q: section 472(a)

A party filed second amended complaint. Defendant will demur.

Is it correct statement that Plaintiff can file Third amended complaint any time before due date to file opposition to demurrer, 9 days before hearing, pursuant to section 472(a)?

James L. Arrasmith
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answered on Aug 31, 2024

Under California law, you do have the right to amend your complaint before the deadline to file an opposition to the demurrer. According to Section 472(a) of the California Code of Civil Procedure, a plaintiff may amend their pleading once as a matter of course, at any time before the answer or... View More

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Nurse practitioner suddenly terminated from group practice in California, unable to notify patients, legal recourse?

I am a psychiatric nurse practitioner who has worked with a group practice part time for 3.5 years. Yesterday evening I was terminated suddenly due to "budgetary reasons". I was immediately shut out of the electronic medical record system and I am unable to fulfill my ethical duty to... View More

James L. Arrasmith
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answered on Aug 31, 2024

You should immediately reach out to your former employer in writing, expressing your concerns about the inability to notify your patients. Highlight your ethical duty to ensure a smooth transition of care, and ask how they plan to inform your patients. It’s important to keep a record of this... View More

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