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California Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: I had a biopsy for diagnosis and later the doctor informed me that if they see my symptoms again they won't biopsy

Do I have a claim against going for a biopsy under full anesthesia just cause the doctor could not diagnose my condition by looking at the symtoms?

James L. Arrasmith
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answered on Jul 24, 2024

I'm sorry to hear about your situation. If you underwent a biopsy under full anesthesia, and your doctor later said they wouldn't biopsy again for the same symptoms, you might feel frustrated or concerned. It's important to understand that doctors sometimes need to perform biopsies... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: my spouse died after being in a coma at a hospital from falling out the bed and left not breathing for 10 min

I have documents that were made by doctors and nurses that were falsified and also the cause of death is inaccurate what should I do?

James L. Arrasmith
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answered on Jul 23, 2024

I'm very sorry for your loss. You should consider contacting an attorney who handles medical malpractice or wrongful death cases. They can help you review the documents and determine if there is a case for negligence or falsification of records.

Gather all the documents you have,...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California on
Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

1 Answer | Asked in Medical Malpractice for California on
Q: My wife had a breast augmentation with a lift that we paid for both. and the doctor forgot to do the lift!

we do not know what to do or the avenues that we have. the doctor is being very compliant, but also very short with us. He has not offered us any options yet .he made a big mistake in our eyes cause of his mistake now my wife has to get cut on again.

James L. Arrasmith
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answered on Jul 22, 2024

I'm sorry to hear about your experience. It's important to address this issue directly with the doctor. You should start by requesting a detailed explanation of what happened and why the lift wasn't performed as agreed. Clear communication is key in understanding the situation fully.... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Is it ethical to make a patient wait so long for treatment?

I have a medical condition which requires an infusion medication monthly to keep the condition in remission. Last time I got my infusion was toward the end of 2022. The dr office was busy and they said they’d call to schedule next infusion. They never called. Being it was holiday season I... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, medical providers have an obligation to provide timely and appropriate care to their patients. The extended delay in receiving your infusion medication may constitute medical negligence, especially if it has caused your condition to worsen. Your doctor's office has a duty... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: On December 31st 2023 I was admitted in the hospital fine I imagine then on January 12th i was transferred to another

Hospital 01-12-24 I was admitted for weakness and was diagnosed with alcohol withdrawal and then noted to have generalized weakness,dysphoria dysphagla and diploma

# Miller Fisher Variant Guillain Barre Syndrome #Acute hypoxia respiratory failure.

#aspiration pneumonia.... View More

James L. Arrasmith
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answered on Jul 17, 2024

Thank you for providing this detailed account of your medical situation. Based on the information you've shared, there are several potential legal issues to consider:

1. Potential Medical Malpractice: The nurse's alleged statement about administering "too much medicine"...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I would like to know the statue of limitations is for Pain and suffering and medical malpractice is.

I had an infection in my left knee replacement. I had surgery and the Dr. Was supposed to remove the old one and clean up the infection which turned septic. The infections disease Dr. Was upset that he didn't remove it because the infection will get worse

I had 6 weeks everyday and... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, the statute of limitations for medical malpractice claims is generally three years from the date of the injury or one year from the date you discovered, or reasonably should have discovered, the injury, whichever occurs first. Given your situation with the knee infection and... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Robotic Surgery Machine Failed

In 2023 underwent at a surgery center in CA for a robotic assisted laparoscopic bilateral inguinal hernia repair with mesh. Upon awakening i was told the robotic camera and system stopped working mid-point of the surgery and that the surgeon switched to performing a manual inguinal hernia repair... View More

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about the complications you faced during your surgery. Under California law, you may have grounds to seek compensation for medical malpractice if the surgeon's actions were below the standard of care. This includes the failure of the robotic system and the subsequent... View More

1 Answer | Asked in Consumer Law, Health Care Law and Medical Malpractice for California on
Q: A private emergency screener (licensed marriage and family therapist) willfully and knowingly misrepresented evidence.

An MRO negative follicle test was declared positive by the LMFT while under oath during testimony. The falsified evidence was then used as her primary pillar to further substantiate her claims that had no evidence resulting in disastrous and dangerous consequences on the custody case of my child.... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, the situation you described may not fall strictly under medical malpractice, which typically involves negligence by a healthcare professional in the treatment of a patient. Instead, it appears to involve professional misconduct or intentional misrepresentation by the licensed... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I donated plasma at biolife they gave me a hematoma so bad bigger than a grapefruit, have not been able to make a fist

Can't bend my arm really, constant pain shooting from my elbow to my hand ever since.

I was wondering if there was anything legally I could do

James L. Arrasmith
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answered on Jul 18, 2024

I'm sorry to hear about your experience donating plasma and the severe hematoma you've suffered as a result. In California, you have legal rights regarding injuries caused by medical procedures, including those at plasma donation centers. When such injuries occur, it's important to... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Can you help: Malpractice, missed pneumothorax Dx resulting in suboptimal respiratory function,quality of life. (15yo)?

Malpractice suit … missed diagnosis of pneumothorax resulting in suboptimal respiratory function and quality of life

Alleged inadequate treatment of upper right chest pain resulting in delayed diagnosis (for my 15 year old son). Location: Kaiser. Chest tube, pleurodsis, 5 days in the... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, to establish a case of medical malpractice, you must demonstrate that the healthcare provider's negligence caused your son's injuries. This involves showing that the standard of care was breached and that this breach directly resulted in harm. Given that your son... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

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1 Answer | Asked in Medical Malpractice for California on
Q: Is there any way I can be compensated for financial losses, pain, and suffering, caused by a medical misdiagnosis?

I am a 33-year-old woman whose health has been severely impacted by undiagnosed thyroid issues. Despite years of debilitating symptoms, including but not limited to unrelenting fatigue, hair loss, loss of fertility, chronic night sweats (10 years!), and repeated pleas to doctors, they regularly... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, you may be entitled to compensation for financial losses, pain, and suffering caused by medical misdiagnosis. To pursue this, you should consider filing a medical malpractice claim. Such a claim typically requires demonstrating that the healthcare provider failed to meet the... View More

1 Answer | Asked in Medical Malpractice for California on
Q: I had neck surgery 6 months ago and now a piece of the hardware in my neck is broken in two causing me ALOT of Pain,
James L. Arrasmith
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answered on Jul 18, 2024

Under California law, you have the right to seek legal recourse if the hardware in your neck surgery has broken and is causing you significant pain. You should first contact your surgeon or medical provider to inform them about the issue and seek immediate medical attention. It’s important to get... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Should a persue a legal case if a piece of hardware is broken inside of my neck after surgery? It has only been 6 months
James L. Arrasmith
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answered on Jul 18, 2024

If you have a piece of hardware broken inside your neck after surgery, it's important to consider your options carefully. In California, you might have grounds for a legal case if the hardware failure has caused you harm or complications. It's crucial to gather all medical records and... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: On January 12 2024 I admitted in said hospital fine I imagine I don't remember and or how I got there appeartly my

Brother took notes of time date and nurses names . i was diagnosed with ' G.B.S.' Guillain Barre Syndrome... also a nurse told my brother that they gave me to much of that drug they put me in a coma as a result of a over dose on a drug called olanzapine they told my family that I... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, you have the right to seek a second medical opinion. This means you can ask another doctor to review your medical records, symptoms, and diagnosis to ensure you are receiving the correct treatment. It's important for you to feel confident in your healthcare decisions and... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Are sections 2031.210, 2031.220, 2031.220 applicable for production demands?

Are sections 2031.210, 2031.220, 2031.220 applicable for production demands?

Plaintiff requested to produce documents and ESI.

James L. Arrasmith
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answered on Jul 18, 2024

Yes, sections 2031.210, 2031.220, and 2031.230 of the California Code of Civil Procedure are relevant when responding to demands for the production of documents and electronically stored information (ESI). These sections outline the obligations of a party to respond to such requests in civil... View More

1 Answer | Asked in Medical Malpractice for California on
Q: My daughter was hypoxic,requiring oxygen but the o2 tank was empty. Intubated and sent to NICU. Nurse noted empty tank

After intubation, my baby was placed on the same o2 tank for oxygen delivery and sats continued to drop. Affiliated CHOC hospital transferred her to NICU with portable oxygen tank that brought her oxygen saturation up to 100% while intubated. She was given ng tube feeds and spent several days in... View More

James L. Arrasmith
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answered on Jul 18, 2024

In California, medical malpractice may have occurred if the oxygen tank provided to your baby was empty, resulting in hypoxia and subsequent health issues. Medical professionals have a duty to ensure that all equipment, including oxygen tanks, is properly maintained and functional. The situation... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Compelling further responses to demands for production of esi

Can further responses to demands for esi be included in motion to compel further responses to demands for production?

James L. Arrasmith
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answered on Jul 18, 2024

Yes, you can include further responses to demands for electronically stored information (ESI) in a motion to compel further responses to demands for production. Under California law, if you believe the responses to your demands for ESI are inadequate or incomplete, you have the right to file a... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: My son has been in a splint for over a week for a broken foot, he has a sore on his foot from the splint, what can we do

My 11 year old son broke his foot on June 21 and got a splint from the ER. He still hadn’t got the appointment for the orthopedic for a cast. July 1 I took him back to the ER because he was in so much pain and his foot was sitting sideways in the splint. He has a sore on the back of his heel from... View More

James L. Arrasmith
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answered on Jul 2, 2024

You should take your son to a healthcare provider as soon as possible. The sore on his heel may indicate that the splint is not fitting correctly, which can lead to further complications. Explain the situation, including the pain and the sore, to ensure he receives appropriate care.

While...
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