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California Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice for California on
Q: Does delayed imaging, false congenital claims, impaired doctors, and ongoing harm strengthen my medical malpractice case

“From 2005 to 2013, I was treated for back pain with medication, but no imaging was conducted. In 2013, imaging revealed degenerative disc disease and spondylolisthesis, but my condition was misdiagnosed as congenital. This led to delayed treatment and a spinal fusion surgery that worsened my... View More

0 Answers | Asked in Medical Malpractice for California on
Q: “Can I challenge the statute of limitations for malpractice based on ongoing harm caused by delayed imaging, misdiagnos

n:

“From 2005 to 2013, I was treated for back pain with pain medication, but no diagnostic imaging was ordered during this time. In 2013, I was finally given X-rays, which showed degenerative disc disease and spondylolisthesis. However, my condition was misdiagnosed as congenital, leading... View More

1 Answer | Asked in Medical Malpractice for California on
Q: I had a nurse purposely put a needle the wrong way into my arm at a plasma center.Is there any help or advice I can get?

A nurse purposely put a needle wrong onto my arm and I asked her if she could fixed it and walked away and didn't really care.One of my arms been hurting for weeks even because the nurses seem to be in a bad mood and constantly put the needle wrong into my arm in CSL Plasma center .I made a... View More

James L. Arrasmith
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answered on Nov 19, 2024

First, you should immediately seek medical attention to evaluate any potential nerve or tissue damage from improper needle placement. Document everything - take photos of any visible injuries, keep records of your visits, and write down the names of staff members involved, including the nurse and... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.

Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.

James L. Arrasmith
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answered on Nov 18, 2024

Here's a clear breakdown of motions for reconsideration versus renewal in California:

The main advantage of a motion for reconsideration is its shorter timeline - you must file within 10 days of the original ruling. This quick turnaround keeps the issue fresh in the judge's mind...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I went to emergency for severe abdominal pain 3 different times and each time they sent me home with pain meds oxycodone

I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and... View More

James L. Arrasmith
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answered on Nov 18, 2024

Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.

Based on what you've described, you may have grounds for a medical...
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2 Answers | Asked in Medical Malpractice for California on
Q: dental negligence claim medical malpractice

How to get started and all information needed to help me . I went to dentist for filings and now have am pain for almost a month

Joel Gary Selik
Joel Gary Selik
answered on Nov 17, 2024

The very first thing is see other dental specialists to find out what is wrong.

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3 Answers | Asked in Medical Malpractice for California on
Q: I was dispensed an expired medication from CVS pharmacy, am I able to file a claim against CVS

If so, is this a small claims, I was not injured, except my symptoms lingered for a long time

Eliza Jasinska
Eliza Jasinska
answered on Nov 14, 2024

In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.

During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Having problems finding an attorney. Is this not a case?

I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More

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2 Answers | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for California on
Q: I NEEDA LIST OF LAWYERS THAT HAVE WON CASES AGAINST THE LOS ANGELES COUNTY JAIL FOR SEVERLY INJURED INMATES DUE TO NEGLI

NEGLIGENCE INADEQUATE MEDICAL CARE MALPRATICE CIVIL RIGHTS VIOLATION PREMISES LIABILITY PERSONAL INJURY AND TORTS THAT APPLY

William John Light
William John Light
answered on Nov 3, 2024

Dale Galipo

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 31, 2024

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: I was misdiagnosed as having schizoaffective disorder for ~18 years. My psychiatrist has verbally admitted to her error.

She indicated that she has suspected that I was not on the schizophrenia spectrum for years. The symptoms that caused the misdiagnosis were due to psychological and emotional abuse by my husband (a covert narcissist), and she also never identified that I was being abused. I was severely... View More

Edward Grichanik
Edward Grichanik
answered on Oct 29, 2024

To explore your options, you might consider reaching out to an experienced medical malpractice attorney to assess the potential of your case. HHJ Trial Attorneys are known for handling complex cases and may be able to provide guidance on whether pursuing a claim is feasible and what documentation... View More

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1 Answer | Asked in Business Law and Medical Malpractice for California on
Q: Can plaintiff amend opposition to demurrer to complaint without leave of court?

Can plaintiff amend opposition to demurrer to complaint without leave of court?

James L. Arrasmith
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answered on Oct 27, 2024

If you're considering amending your opposition to a demurrer in California, it's important to understand the procedural requirements. Generally, once you've filed an opposition, any amendments to that document typically require the court's permission. This is because the court... View More

3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Joel Gary Selik
Joel Gary Selik
answered on Oct 27, 2024

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of lawsuits, the extent of the anticipated potential recovery will affect the viability of the case....
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3 Answers | Asked in Medical Malpractice for California on
Q: If a person was given too much radiation is there grounds for a lawsuit

A doctor order extreme radiation treatment and now the person is unable to function

Joel Gary Selik
Joel Gary Selik
answered on Oct 24, 2024

A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.

Standard of care means the degree of care and skill of the average health care provider of that type of doctor.

A bad outcome is not enough. Another doctor would be needed...
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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: can you sue a Doctor that refused to give you a prophylaxis Antibiotic inspite of telling him you have a MCTD

i had a 6 extraction in one procedure last 05/15/2024. He damaged my sinus maxillary that now an ENT specialist need to do a surgery and make corrections on my sinuses. The dentist saw me that I was in excruciating pain and while He was working with my molar instead of telling me that it’s rotten... View More

James L. Arrasmith
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answered on Oct 24, 2024

I'm sorry to hear about the difficulties you're experiencing. If a doctor did not provide the appropriate care, especially considering your medical condition, you might have grounds for legal action. Medical malpractice cases generally require showing that the doctor had a duty to you,... View More

4 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Hi my name is Roxy. I am looking for a contingency lawyer that can help me with my possible case.

I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 24, 2024

Use the Justia FInd a Lawyer tab and search for medical malpractice or dental malpractice lawyers in the county/area you reside. Call a few, meet with them, and then decide how to proceed from there. Most will provide a free initial consult or telephone consult. Good luck.

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can doctors prescribe medication without a proper medical chart or haven't established a proper diagnosis?

I had a doctor prescribing ciprofloxacin without having a proper diagnosis being made also wasn't even sure of diagnosis even when tests said differently still highly recommended that ciprofloxacin for its properties and not its intended use specially long term use nor considered other health... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

Yes, a doctor prescribing antibiotics without a proper diagnosis or documentation could be considered negligent, especially if this led to harm. Under California's MICRA law, non-economic damages are capped at $350,000 for injuries after January 1, 2024. Acting quickly is essential due to the... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: surgeon cut me in wrong place to remove a pilonidal cyst. Do i have a medical malpractice case?
Broc Newman
Broc Newman
answered on Oct 30, 2024

If a surgeon operated on the wrong area to remove a pilonidal cyst, you might have grounds for a medical malpractice case. Medical malpractice occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would in a similar situation, resulting... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: can I still file a lawsuit against the hospital that injured me even after I retained a lawyer that tried for 8 months

but now the 1 year statue of limitations passed

Joel Gary Selik
Joel Gary Selik
answered on Oct 22, 2024

A lawsuit filed after the statute of limitations will be met with a demurrer or other motion.

If the attorney was hired and failed to file on time, you may have a legal malpractice case.

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