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California Medical Malpractice Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: My dead father's medical records and mine were mixed before my knee surgery it's been 2 yrs. No surgery. Want me to pay.

Records wouldn't help and now my other knee is bad because I'm not paying for a mistake THEY MADE

James L. Arrasmith
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answered on Dec 9, 2024

It sounds like you're dealing with a frustrating situation, and you have every right to be concerned. If your medical records were mixed with your father's and it delayed your surgery, that could be a serious issue. The responsibility for ensuring accurate medical records lies with the... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for California on
Q: How to navigate to a lawyer?

So I am having issues with my hospital and need to do a malpractice suit, I have proof my records were falsified and that they withheld digousment and treatment but at the intake I am told because that statue of limitations applies because the injury happened 15 plus years ago. So I can't run... View More

James L. Arrasmith
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answered on Dec 7, 2024

You may feel trapped by the passage of so many years, and it can be unsettling to think the door has closed on your chance for justice. In many places, the statute of limitations on medical malpractice claims runs out after a certain timeframe.

However, you can still seek advice from a...
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1 Answer | Asked in Medical Malpractice for California on
Q: If I lose a EDD disability appeal due to doctor discrimination or negligence should pursue the provider in civil court

My health severely deteriorated throughout early 2024. This decline was characterized by:

Increasingly debilitating symptoms: Paralysis in my thumb and forefinger, decreased strength and mobility in both arms, and severe impairment of my dominant hand, rendering me incapable of performing... View More

James L. Arrasmith
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answered on Dec 6, 2024

Your situation with NP Lieu's delayed paperwork appears to have significantly impacted your disability claim and overall health outcomes. The delay in filing disability documentation could potentially be considered negligent, particularly given the well-documented severity of your symptoms and... View More

1 Answer | Asked in Health Care Law, Elder Law, Medical Malpractice and Probate for California on
Q: Can a senior Medicare + Medi-Cal patient with untreated critical conditions be forcefully discharged by a hospital ?

[ACTIVE situation; urgent help appreciated]. My father is a Medicare + Medi-Cal patient at a hospital ICU in Santa Rosa, CA admitted from acute care facility with a primary condition of pacemakjer failure which wasn't addressed, nor was he transferred to a higher order care hospital. Case mgmt... View More

James L. Arrasmith
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answered on Dec 5, 2024

You have the right to advocate for your father's continued care, especially given his critical conditions. Under California law, hospitals must provide appropriate treatment and cannot discharge a patient against their will without proper justification. The withdrawal of vital ICU care and... View More

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: how is it legal for the statue of limitations to exist within medical malpractice?

so 15 years ago my back was injured, i just found out about it this year (less then 3 months ago) and the hospital has worked to cover it up falsifying my records 3 times and covering it up 4 times. i lost my job my health, i need 24/7 care and many many other health related issues because they... View More

James L. Arrasmith
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answered on Dec 5, 2024

I'm really sorry to hear about what you've been going through. Statutes of limitations are laws that set the maximum time you have to file a lawsuit after an incident occurs. They exist to ensure that cases are handled while evidence is still available and memories are fresh, which helps... View More

2 Answers | Asked in Medical Malpractice for California on
Q: does statue of limitations apply?

15+ years i had an injuries that have been covered up, falsified and even given bad medical treatment that has ruined my life. it is also still on going

Joel Gary Selik
Joel Gary Selik
answered on Dec 5, 2024

Yes the statute of limitations applies and a malpractice lawsuit may be prevented. But there might be other claims or exceptions. Consult with experienced malpractice attorneys in the state where this occurred.

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2 Answers | Asked in Medical Malpractice for California on
Q: If a Dr misdiagnosed a ectopic preg.and due to that I had internal bleeding and lost a fallopian tube, can we do smthing

Misdiagnosed ectopic pregnancy led to extreme pain, a lot of internal bleeding and emergent surgery to remove my right fallopian tube. Is there anything we can do?

Eliza Jasinska
Eliza Jasinska
answered on Dec 9, 2024

I’m sorry to hear about your experience. In California, you may be able to file a medical malpractice claim if the misdiagnosis caused harm, like internal bleeding and the loss of your fallopian tube.

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1 Answer | Asked in Medical Malpractice for California on
Q: Medical Malpractice, I had Knee replacement surgery failed, 2 revision surgeries failed, I am maimed for life. Case?

I am 58 yrs old. I had knee in surgery March 2023 after several consultations that resulted in my kneecap breaking. I endured 2 more revision surgeries in Sept and Oct of 2023 which both failed and received complacent care thereafter. My primary care provider assessed my knee himself and... View More

James L. Arrasmith
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answered on Dec 5, 2024

Based on your description, you may have a valid medical malpractice case worth pursuing. The fact that you specifically informed the surgeon about your previous kneecap injury, followed by multiple failed surgeries and permanent impairment, suggests potential negligence.

In California,...
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1 Answer | Asked in Medical Malpractice for California on
Q: Can I file a law suit against my doctor for Malpractice?

My doctor denied my prescription refill for my BP when I was out of town. I told him my BP was extremely elevated and he still denied my request. The next morning I went to urgent care with chest pains and shortness of breath. My BP was 198/124. They immediately transported me via ambulance to the... View More

James L. Arrasmith
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answered on Dec 4, 2024

Based on what you've described, you may have grounds for a medical malpractice case in California. The denial of necessary blood pressure medication that led to hospitalization could be considered a breach of the standard of care, particularly since you informed your doctor about your elevated... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I was brought in to kaiser er for hallucinations and released an hour later i

was back after getting in a car wreck tryin to get back to the hospital where they figured out i had a temp of 107.9 heatstroke,covid,and pnemonia where i died 3 times and when they finally got it under control i was in a coma for 5 days woke up with a broken foot and finger tipsI was unaware.of... View More

James L. Arrasmith
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answered on Dec 2, 2024

I'm truly sorry to hear about everything you've been through. Navigating medical emergencies and legal challenges simultaneously can be overwhelming. It's important to reach out to a legal professional who can review the specifics of your case and provide personalized advice.... View More

1 Answer | Asked in Medical Malpractice for California on
Q: I am seeking legal assistance with a unique medical malpractice case stemming from a Fraxel facial treatment I underwent

I am seeking legal assistance with a unique medical malpractice case stemming from a Fraxel facial treatment I underwent in March 2020. Unfortunately, the treatment was improperly performed, resulting in a deep laceration to my right cheek. After nearly four years of ongoing treatments to address... View More

James L. Arrasmith
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answered on Dec 2, 2024

I'm sorry to hear about the challenges you've faced following your Fraxel facial treatment. Navigating a medical malpractice case with delayed knowledge of permanent damage can be complex, especially with the added financial and immigration concerns you've described.

In...
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1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue the surgeon for a hernia after bowel surgery
James L. Arrasmith
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answered on Dec 2, 2024

You may have grounds for a medical malpractice lawsuit if your hernia developed as a direct result of your bowel surgery and was caused by surgical error or negligence. Medical malpractice cases require proving that the surgeon failed to meet the accepted standard of care, and that this failure... View More

2 Answers | Asked in Medical Malpractice for California on
Q: Hello when I had my daughter 8 years ago I had a c section and well last couple years

My back and my side have been getting swollen and hurt a lot every day can’t even move much well finally went to doctor and they did xray and they found a pin that they use for c section inside of me. Doctor must left it in there during my c section 8 years ago and that’s why I been in so much... View More

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

You have a valid malpractice case.

Where there is a retained object that was not meant to be left in, the statute of limitations does not begin to run into discovered.

Consult with experienced malpractice attorneys in the state where this occurred.

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1 Answer | Asked in Medical Malpractice for California on
Q: In a case of medical injury, does the statute of limitations start when the injury occurs or when it is discovered?

I had a really rough gallbladder surgery 3 years ago, including 4 days in the hospital, excessive bleeding into a hematoma, 3 emergency room visits etc. Recently I have developed a large hernia in the surgical site consistent (according to my surgeon) with the trauma I previously describe.

James L. Arrasmith
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answered on Nov 24, 2024

In California, the statute of limitations for medical malpractice typically follows the "discovery rule" - meaning the clock starts either when you first discovered (or reasonably should have discovered) the injury, or when the actual injury occurred, whichever comes later. However, there... View More

3 Answers | Asked in Medical Malpractice for California on
Q: Can I sue for negligence?

My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.

Eliza Jasinska
Eliza Jasinska
answered on Nov 27, 2024

Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.

In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a...
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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Medical Malpractice for California on
Q: If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Rehearing

If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Motion for Rehearing, as defined by section 1008?

James L. Arrasmith
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answered on Nov 20, 2024

In California civil procedure, you have options after a court sustains a demurrer to your complaint.

Yes, you can file a motion for reconsideration under CCP § 1008(a) if you can show new or different facts, circumstances, or law that weren't presented in the original hearing. This...
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1 Answer | 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

James L. Arrasmith
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answered on Nov 20, 2024

These multiple factors could significantly strengthen your medical malpractice case. The extended period without imaging despite persistent back pain, followed by delayed diagnosis and mischaracterization of your condition as congenital, suggests potential deviation from the standard of care.... View More

1 Answer | 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

James L. Arrasmith
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answered on Nov 20, 2024

Given the complexity of your situation, you may have grounds to challenge the statute of limitations under California's "delayed discovery" rule, which starts the clock when you reasonably discover the injury and its negligent cause.

The discovery of the physician's...
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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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