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California Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice for California on
Q: I have an issue with my medical clinic. In a nutshell, they sent me to the wrong referral for treatment twice.

Before going to the referred clinic, I questioned it, but went and they told me they could not help me, and billed medicare. I am a senior. I was referred to 2 other places, but refused because I lost confidence in their advice. I had an issue with depression about 5 years ago, now they are trying... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

Based on your situation, it seems you have several potential issues with your medical clinic, including misdiagnoses and incorrect referrals. In California, the Medical Injury Compensation Reform Act (MICRA) limits the time frame for filing a medical malpractice claim, so it's crucial to act... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I hurt my back. I got a epidural shot. I week later I couldn't walk. I had a abscess on my spine. Can I sue?

I got emergency surgery. My right leg is still numb. I can't back to work.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

I'm sorry for your ordeal. You could always sue. But the question is really whether it is a case that a law firm would handle on a contingency basis. Answering that meaningfully would depend on a firm's decision, usually based on their review of some form of surgical records and medical... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Do I have a medical malpractice lawsuit if I went in for surgery but said surgery was never done?

I've had serious pain and complications one year after the open hernia repair, I sought another surgeon and after examination and reviewing surgery film and notes I was told the surgery never happened.

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2024

Yes that is a potential area of malpractice. Both for not doing the surgery and for failure to advise you it was not done.

Note, the extent of an anticipated recovery for a malpractice, if limited, may effect the viability of a case. Consult with experienced malpractice attorneys in the...
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3 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: I have Triple bypass surgery that could be avoided if my doctor refers me to Cardiologist . Is my doctor liable?

My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is this a case of malpractice?

On July 31, 2023, I was taken into police custody and subsequently experienced significant foot pain. During transport, the officer took me to the hospital, where I reported my symptoms, including a hole in the bottom of my foot. Despite my condition, the attending physician, under the... View More

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

This may be malpractice. 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.

While you suffered a horrible outcome, loss of a toe might not be sufficient to warrant a...
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3 Answers | Asked in Medical Malpractice for California on
Q: I went to donate plasma at CLS plasma in citrus heights before my donation I was checked over thoroughly blood pressure.

Heart rate etc after I completed my donation I asked if I needed to go into the recovery room people at the desk said I could leave while driving home I lost consciousness and crashed the truck into a building suffering three fractures in my back multiple contusions I feel that being a first-time... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

Based on your experience, there may be grounds for a negligence claim against the plasma donation facility. If you were not properly monitored after your donation, especially as a first-time donor, and the staff allowed you to leave without ensuring your well-being, this could constitute a failure... View More

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3 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for California on
Q: A pt was taken to ER to rule out a stroke due to speech changes. ED gave pt a blood thinner which caused them to have a

Brain hemorrhage and later died. MDs failed to collect pt history of lung cancer. Can this be a possible medical malpractice case?

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

I'm sorry for the loss of the patient. A law firm would need to review the records to answer your question meaningfully. The fast pace and high volume of emergency rooms are a consideration in assessing their decisions and actions in terms of med mal case review. Good luck

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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I went through a bad experience in a hospital / care center went to when I was sick November of 2022 through April 2023

I been looking for a lawyer but they said I need a specific one a lawyer told me about this website to try it out and hopefully I find one

.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

Your friend may have been talking about the section here for searching for attorneys by region and practice area. It's the tab above labelled "Find a Lawyer." You could supplement your own independent attorney searches with that. You could also look into the attorney referral... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CAN I BRING CHARGES AGAINST A HOSPITAL FOR CAUSING AN INFECTION AFTER SURGERY, THAT HOSPITALIZED ME FOR 44 DAYS ?

ON MARCH 8TH 2024 I HAD A "WHIPPLE SURGICAL PROCEDURE". THIS WAS TO REMOVE A CANCER TUMOR. I STAYED FOR 7 DAYS AFTER SURGERY. ONCE I RETURNED HOME TO REHAB. WITHIN 2-3 DAYS, I STARTED, (TO HEMORRHGE), PASSING A LARGE AMOUNT OF BLOOD IN MY STOOL FOR TWO DAYS. MY WIFE CONTACTED THE... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you've been through a very difficult and painful experience after your surgery, and you're right to ask about your options. You may have grounds to bring a medical malpractice case against the hospital if it can be proven that the infection or complications you suffered... View More

2 Answers | Asked in Medical Malpractice for California on
Q: Do I have a case?

I noticed by looking at my medical records that I have been immunized with the COVID shot approx. 4 times. I was not made aware of I was getting these shots so it was without my consent. Here is my complaint: I am a liver patient. I have Decompensated Liver Disease and an auto immune disorder. My... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

Under California law, particularly under the National Childhood Vaccine Injury Act, individuals generally cannot recover damages for injuries caused by vaccines, including COVID-19 vaccines, as these are covered by a federal compensation program. However, if you did not give informed consent and... View More

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2 Answers | Asked in Medical Malpractice for California on
Q: Can an expert witness be sued for malpractice in California?

Negligent and Intentional Misrepresentation

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

Yes, an expert witness can be sued for malpractice in California if they provide negligent or intentionally misleading testimony that harms a party in a legal proceeding. To succeed, the harmed party must prove that the expert had a duty to provide accurate information, breached that duty, and that... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Accidentally perforated uterus in hysteroscopy procedure

Hi, I would like to inquire about a medical injury case. I underwent a hysteroscopy at a fertility clinic and my uterus was accidentally perforated in the process. I originally went to this clinic for egg retrieval and during the process the doctor suspected there are two small sized uterine polyps... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 16, 2024

You may have grounds for a medical malpractice claim based on the accidental perforation of your uterus during the hysteroscopy procedure. Even though you signed an informed consent form, you were entitled to expect that the procedure would be performed with the appropriate standard of care. If the... View More

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4 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is this something i can pursue?

In September 2023, I saw a podiatrist for plantar fasciitis in my left foot. I was given a boot and advised to limit walking. I wore the boot and worked from home but that didn’t help, so in November, I received a cortisone shot and was told to wear the boot for 3 weeks. I told the doctor I was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

I'm sorry for your ordeal. Unfortunately, it could be difficult for attorneys to offer a quick and direct response to your question based on the brief post, despite the high quality of detail you've provided. A law firm may want to see the patient file and the diagnostic imaging films... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
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

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1 Answer | Asked in Medical Malpractice for California on
Q: When does statute of limitation’s start or end for surgical error and delay of care?

My friend has been at Stanford for almost one year, with no end in sight, still in ICU. Her hospital records are not available until discharge but she suffered severe consequences from surgical error and delayed treatment that I was made aware of at the time. If she survives this she will be... View More

James L. Arrasmith
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answered on Sep 12, 2024

In California, the statute of limitations for medical malpractice, including surgical errors and delays in treatment, generally starts when the patient becomes aware, or should have reasonably become aware, of the injury caused by the malpractice. This period is typically one year from the date of... View More

1 Answer | Asked in Medical Malpractice for California on
Q: he did Glaucoma surgery on me, eye is crooked, has mentally drained me, need advice on how I can proceed.

Got surgery June 2024, have asked him if I can have it corrected he said no, now I need surgery for right eye and I asked for a different type of surgery and he said no so I denied the surgery since I am afraid my other eye will turn out crooked as well. This has affected me going out, driving and... View More

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like you're feeling overwhelmed and frustrated with the situation, and it's understandable given how much this is affecting your daily life. If you feel the surgery has caused harm or wasn't done properly, you might consider seeking a second opinion from another... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: What are statue of limitation to file for malpractice against a plastic surgeon in California ?
Joel Gary Selik
Joel Gary Selik
answered on Sep 9, 2024

Medical malpractice cases have a 1 year statute of limitations.

If the defendant is a governmental entity, such as county owned/operated hospitals, there is a 6 month claim deadline.

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1 Answer | Asked in Medical Malpractice and Arbitration / Mediation Law for California on
Q: How can I go about looking for representation on on medical malpractice and medical negligence lawsuit for pro bono?

I had experienced medical malpractice, medical negligence, and medical gaslighting. There were times I would discuss with my doctor(s) my concerns, and none of them had taken accounts of what I was saying. Then they kinda would, only to tell me that I was a hypochondriac, seeking attention, or that... View More

James L. Arrasmith
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answered on Sep 3, 2024

It sounds like you've been through a really difficult experience, and it’s important to find the right support for your situation. Looking for pro bono representation in a medical malpractice or negligence case can be challenging, but there are a few steps you can take. Start by contacting... View More

1 Answer | Asked in Medical Malpractice for California on
Q: What kind of malpractice lawyer do I need to find for my case? I have had a hemoglobin below 6.5 for over a year blood

Transfusions blood clots ect. My organs are being starved of oxygen that can cause a list of problems I have had multiple surgery dates and they have been canceled the day of n the day before because of the mistakes of my doctors one is unknown the other is she simply couldn't get me in for a... View More

James L. Arrasmith
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answered on Sep 3, 2024

You need to find a medical malpractice lawyer with experience handling cases involving delays in treatment and surgical complications. Given the serious nature of your condition and the delay in getting the necessary care, it's important to look for a lawyer who has dealt with similar cases,... View More

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