Get free answers to your Health Care Law legal questions from lawyers in your area.
What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her
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 
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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,... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Are there specific disadvantages to file motion to renew versus motion for reconsideration for motion to set aside dismissal against a defendant?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2024
When deciding between a motion to renew and a motion for reconsideration, each has its nuances. A motion for reconsideration usually needs to be based on new facts, a change in the law, or a clear error in the court's prior ruling. This type of motion must typically be filed within a short... View More
I am a legal resident of California
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2024
Yes, you can name someone as both your agent in your health care directive and as a beneficiary in your will in California. There's no law that prevents you from doing so. It's quite common for people to choose trusted family members or close friends for both roles.
However,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024
If a hospital lost an organ that was sent to a lab for pathology testing, you may have several options to consider. First, it's important to request a detailed explanation from the hospital regarding what happened. Ask for a full investigation and written documentation of the incident. This... View More
A 68 y.o. live-in caregiver caring for his 77 y.o. CFCO sister, has been receiving Medi-Cal benefits under MSPs for years, though has been considered NON MAGI since turning 65. His income from IHSS as a caregiver has been exempt from State and Federal taxes, and had been excluded from his... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024
It sounds like you’re in a difficult situation and dealing with some complexities regarding Medi-Cal benefits. The issue of income exclusion for live-in caregivers under IHSS being limited to those caring for a spouse or minor child can feel unjust, especially when the purpose of these programs... View More
answered on Aug 21, 2024
"Healthcare compliance" could involve numerous subjects and parties. The State Bar has a referral service.
My husband was under supervised medical treatment. He did have a fatty liver causing cirrhosis. He was under an hepatologist care. He was being tested to be on a liver transplant list and he passed all the tests normally and was on his way to the promise of a longer life.He went to the ER on... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024
You may be able to pursue legal action if there was medical negligence involved. To determine this, it’s important to gather all medical records related to your husband's treatment, including ER visits, tests, procedures, and any medications administered. Documentation is key in... View More
I don't have the passcode to be able to see her they set up a passcode and I can't they won't give it to me and the hospital won't let me see her or nothing and I'm her mother
answered on Aug 18, 2024
I'm sorry about your daughter's accident. What you describe is a very elevated level of patient screening. If it is at her behest in terms of visitation, that has to be respected. Otherwise, reach out to hospital social workers, as my colleague correctly points out. I hope your daughter... View More
I have knowledge that a clinical technician made himself out to be a higher level employee and willfully diagnosed me fraudulently I had no prior knowledge of this until recently what are my options?
answered on Aug 26, 2024
To evaluate meaningfully, it would be helpful for attorneys to be able to be able to review relevant file documents, including reports and entries for diagnostic codes - and who ultimately signed off on narratives and other reports/ forms. Good luck
My treatment was weekly wound care which the nurse didn’t use her medical judgment and caused me to get 2 massive infections that hospitalized me twice in a week.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024
To file a lawsuit against Kaiser for medical malpractice in California, you need to start by filing a claim with the Medical Board of California. This step is important as it helps document your case and provides an official record of your complaint. You should gather all relevant medical records... View More
On June 19, I had 5 implants placed in my bottom jaw but the dentist tragically committed suicide on July 6 before attaching teeth. I put $12k on a credit card, since paid off, but have a $28k loan I am responsible for. I’ve called the office multiple times, get a backup answering service, and no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024
I'm sorry to hear about your situation. First, you should stop all payments on the loan immediately. Contact the credit card company and explain the situation, providing any documentation of the dentist's passing and the unfinished work.
Next, you should reach out to the state... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
