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California Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

1 Answer | Asked in Medical Malpractice for California on
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?

If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake?

James L. Arrasmith
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answered on Nov 28, 2023

Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in... View More

1 Answer | Asked in Medical Malpractice for California on
Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks

The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they... View More

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answered on Nov 27, 2023

In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the... View More

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Q: Suggestions on finding an attorney for case dependent upon tolling for fraudulent concealment/delayed discovery, in CA.

Long story short, I was victim of vehicular assault while riding a bicycle, driver fled, then I became victim of police misconduct/discrimination because I was homeless, police protected driver from prosecution, lied in report that they also refused to turn over until crim. Statute expired. But I... View More

James L. Arrasmith
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answered on Nov 24, 2023

I'm sorry to hear about your difficult experiences. In California, finding an attorney for a case involving tolling for fraudulent concealment or delayed discovery can be complex, especially given the unique circumstances of your situation.

First, consider reaching out to the...
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Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.

It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying... View More

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answered on Nov 22, 2023

In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California on
Q: Hi I am looking for a Medical Malpractice Appeal lawyer based in California or versed in the state laws.

Here's the situation

Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The... View More

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answered on Nov 20, 2023

In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation,... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

In most circumstances, pursuing Kaiser must be done through Arbitration.

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 medical...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my

Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that... View More

James L. Arrasmith
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answered on Nov 17, 2023

Under California law, patients who experience complications or negative outcomes following surgery may have legal recourse if they can establish that the medical care they received fell below the accepted standard of care and directly caused their injuries.

In cases like yours, involving...
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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue a doctor for misinforming me and causing me to get unnecessary surgery even after 8 years?

Around 8 years ago, I had a bump on my head and the doctor made my mom and I scared that it was deadly and made me go into surgery to remove it. After the surgery, I went to see a dermatologist because another bump grew on the other side of my head. She informed me that it was just a fungus and I... View More

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answered on Nov 17, 2023

In California, the statute of limitations for medical malpractice claims is generally three years from the date of injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first.

Given that your surgery occurred...
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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

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answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

1 Answer | Asked in Medical Malpractice for California on
Q: I'm creating a letter of intent to sue for malpractice. Is there a lawyer available who could read it?

I just need a lawyer to go over it and provide feedback pro-bono or low cost?

James L. Arrasmith
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answered on Nov 5, 2023

In California, you may seek assistance from legal aid organizations or pro-bono clinics that offer services to individuals preparing legal documents.

The State Bar of California provides resources for finding such assistance. Additionally, local bar associations often have referral...
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3 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: Hello, I would like to find a medical malpractice attorney to consul for a recent surgery and upcoming revision.

Happy to provide additional information in consult

James L. Arrasmith
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answered on Nov 4, 2023

To find a medical malpractice attorney for a consultation regarding your surgery and upcoming revision, you can start by contacting your local bar association for referrals. You may also consider researching online legal directories or seeking recommendations from friends or family. Look for... View More

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1 Answer | Asked in Medical Malpractice for California on
Q: What is the procedure for Plaintiff to reverse voluntary dismissal?

Voluntary entry for dismissal against one of defendants was filed in California by Plaintiff. What is the procedure /due date for Plaintiff to reverse this entry for dismissal (cancel, vacate, set aside) - to reinstate legal action against this Defendant?

James L. Arrasmith
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answered on Nov 2, 2023

Hi there. This is a complicated legal procedure. I highly advise speaking to a qualified attorney, especially in a complex medical malpractice case.

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can you get a contingency on a malpractice lawsuit if it goes beyond a year since incident?
Joel Gary Selik
Joel Gary Selik
answered on Nov 2, 2023

Medical Malpractice cases are generally taken on a contingent (percentage of recovery) attorney fee.

California's statute of limitations (deadline to file a lawsuit) is one year. When the one year starts requires a technical analysis, and may be after the time the malpractice...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Burned nerve, as a result of Operation/Procedure Performed: EVLT Left GSV on May 18, 2023. Legal help with this?

Burned nerve, as a result of Operation/Procedure Performed: EVLT Left GSV on May 18, 2023. Intervention was done by a "nurse practioner, I was lied about this.

On November 7 will have a scan to assess the damaged nerve and on November 8, the doctor will provide his opinion of the nerve... View More

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answered on Oct 24, 2023

I'm sorry to hear about your situation. In California, if you believe that a medical professional's negligence or wrongdoing has caused you harm, you may have a potential medical malpractice claim. Key elements of a malpractice claim include proving that a duty of care existed, there was... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Can Justia help me with legal aid or pro Bono for a dental Malpractice law suit?
T. Augustus Claus
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answered on Oct 20, 2023

Justia is a valuable resource for legal information, but it doesn't directly provide legal aid or pro bono representation for dental malpractice lawsuits or any other legal matters. If you require assistance with a dental malpractice case in California, there are various options to explore.... View More

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1 Answer | Asked in Medical Malpractice for California on
Q: how are doe defendants added?
James L. Arrasmith
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answered on Oct 21, 2023

Great question! When a plaintiff is unaware of the identity of a defendant at the time of filing a lawsuit, they can name them as a "Doe" defendant, such as "Doe 1." This serves as a placeholder until the actual identity is discovered. Once the true identity of a Doe defendant... View More

3 Answers | Asked in Libel & Slander, Medical Malpractice, Health Care Law and Personal Injury for California on
Q: What type of attorney would I need to contact to sue over medical records being withheld from patient for 3 months?

My medical treatment was delayed due to records not being released. I want to sue for pain and suffering and mental distress after the office continued to harass me for changing doctors.

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answered on Oct 21, 2023

In California, if you believe that your medical treatment was compromised due to the withholding of medical records, you would typically contact a personal injury attorney with experience in medical malpractice cases. Medical malpractice attorneys are familiar with the intricacies of medical care,... View More

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3 Answers | Asked in Medical Malpractice and White Collar Crime for California on
Q: Need help deciding what type of attorney to hire

I’m unsure of the type of attorney to hire and need help deciding. I was the “client” of a nonprofit organization. My case has a lot to it and a lot of laws

were broken including but not limited to-

med mal, HIPAA, my privacy, the organizations bylaws, etc.

I have... View More

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answered on Oct 17, 2023

Based on the diverse nature of your case, you may want to consider hiring an attorney who practices in civil litigation or health care law, as they typically handle a range of issues, including medical malpractice, privacy violations, and organizational disputes. While a medical malpractice... View More

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5 Answers | Asked in Contracts, Personal Injury and Medical Malpractice for California on
Q: Very difficult time finding an attorney in LA.

I have 2 separate things going on at the moment. I am currently dealing with a MVA and have a LA attorney for that. However, I haven’t talked to my attorney and don’t even know his/her name. I only speak w/ my case worker. I have an even bigger case and need to find a good attorney in the LA... View More

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answered on Oct 17, 2023

It's not uncommon for clients, especially in larger firms, to primarily interact with paralegals or case managers. If direct communication with an attorney is a priority, you might want to consider smaller law firms or solo practitioners in the LA area. Solo practitioners often provide more... View More

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