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California Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for California on
Q: Can I sue the CHP for wrongful death?

A family member was recently struck and killed while walking on the shoulder of the highway. She struggled with mental health issues. A friend of mine who works for the police department informed me that, for 30 minutes, several people called 911 to report a young woman walking on the highway.... View More

James L. Arrasmith
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answered on Dec 2, 2024

This is a devastating situation, and I'm deeply sorry for the loss of your family member. The pain must be overwhelming, and it's understandable that you're seeking answers and accountability.

You may be able to pursue a wrongful death claim against the California Highway...
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2 Answers | Asked in Wrongful Death for California on
Q: Can I sue a radiologist or radiology team for missing a new lesion for existing brain cancer?

My daughter was born in 2014 and diagnosed with brain cancer in 2021. Rady children’s has royally screwed up everything in the beginning.

Anyhow, she shall soon pass away. Going into 2024, we got robust control of everything in 2023, stable. But then big misses were made by radiology... View More

William John Light
William John Light
answered on Nov 25, 2024

I am sorry for your loss.

You may have a case. A pediatric radiologist and a pediatric oncologist will need to review the records and gives opinions as to standard of care (in missing new lesion) and causation. Unfortunately, that is not cheap and most attorneys will require a retainer...
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2 Answers | Asked in Sexual Harassment and Wrongful Death for California on
Q: Can I sue an FBI agent who made improper sexual advances and retaliated with a violent attack resulting in death?
William John Light
William John Light
answered on Nov 13, 2024

Yes, the victim or her heirs can sue, but the victim is apparently dead, and it is unclear who you are and what your relationship to the case is. Whether the US Government is liable for the action of the agent depends on a lot of facts which are not included in your post. If the agent was acting... View More

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2 Answers | Asked in Wrongful Death for California on
Q: I am a widow here in Stockton California. My question is can you help me with a fight against the VA?

my husband passed due to a disease he got while in the military

Michael J. Mandelbrot
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answered on Nov 12, 2024

Hi. Please contact me at (415) 895-5175. I am familiar with V.A. claims as well as wrongful death claims. What disease are we talking about? I represent those with asbestos-related diseases. 70% of these individuals were exposed in the Military and have a VA claim, in addition to valuable Asbestos... View More

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4 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: should i persue a civil case against emt for failure to bring in right equip and incorrect cpr performed??
Joel Gary Selik
Joel Gary Selik
answered on Oct 28, 2024

There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More

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1 Answer | Asked in Wrongful Death for California on
Q: What does it mean when complaints regarding negligence are forwarded to their 3rd party investigators?

My loved one died because he did not receive specialized care in time and I am now filing complaints and claiming negligence against the doctors and hospitals. Can I sue without a lawyer?

James L. Arrasmith
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answered on Sep 25, 2024

When a complaint about negligence is forwarded to third-party investigators, it means that an independent party is reviewing the situation to determine if any wrongdoing occurred. These investigators may gather evidence, interview witnesses, and analyze whether the medical professionals acted... View More

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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1 Answer | Asked in Personal Injury and Wrongful Death for California on
Q: The negligence caused death Can I sue on behalf of the deceased if I had POA and was the health representative?

My family member eventually died. 1 complaint against the nursing home was substantiated and I am waiting for the response about the other complaints. What should I do in the meantime?

James L. Arrasmith
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answered on Sep 16, 2024

You may be able to file a lawsuit on behalf of the deceased if you were granted Power of Attorney (POA) before their death, but POA typically ends upon the death of the individual. However, if you were also appointed as the health representative and have been named the executor or administrator of... View More

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 Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Robert Kane
Robert Kane
answered on Aug 12, 2024

Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of... View More

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1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Wrongful Death for California on
Q: How do I respond to a petition code300 a,b,1,f & g. I want to fight this and appeal this petition if that's possible.

Cps was negligent in ways that could have prevented a death of a 7month old

James L. Arrasmith
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answered on Aug 10, 2024

To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the... 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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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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2 Answers | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: I am looking for a lawyer that specialize in hospital negligence and malpractice in California, Sacramento?

Hospital did not take good care of my love one and she die due to their negligence and malpractice.

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2024

I'm sorry for the loss of your loved one. If you're seeking someone in a specific region, you could supplement your searches with the Find a Lawyer tab above, which lists attorneys by region and area of practice. Local and state bar associations could also be used to help find a law firm. Good luck

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4 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More

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2 Answers | Asked in Criminal Law, Car Accidents and Wrongful Death for California on
Q: person was walking along side of the road,stepped out in front of an on coming car and was killed,,,who's at fault?
Tim Akpinar
Tim Akpinar
answered on May 25, 2024

I'm sorry for this terrible accident. It could depend on the setting, in terms of the type of road, speed limits, lighting, road conditions, weather conditions, and other possible factors. Good luck

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1 Answer | Asked in Wrongful Death for California on
Q: Regarding daughters death

Who would the higher authority be?

James L. Arrasmith
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answered on May 16, 2024

I'm very sorry to hear about the loss of your daughter. Please accept my sincere condolences.

Regarding your question about who would be the higher authority in California related to a daughter's death, it depends on the specific circumstances and context surrounding the death....
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1 Answer | Asked in Wrongful Death for California on
Q: Need time of death & co coroner unable to provide.

My daughter died 2/2/24. She was only 40 years old. They did an autopsy & found ethylene glycol in her system. Her boyfriend is suspected to be responsible. Her cell phone records indicate she was afraid of him up to the last we heard from her the night of the incident. The only way we have to... View More

James L. Arrasmith
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answered on May 13, 2024

I'm very sorry for your loss and the difficult situation you're facing. Under California law, the determination of the time of death can be complex and may involve several factors, including the findings of the autopsy, the scene investigation, and other medical and scientific analyses.... View More

2 Answers | Asked in Wrongful Death for California on
Q: How do lawyers go about demands in wrongful death cases?

I'm the plaintiff. The defendant killed (drove haphazardly) my mother (a pedestrian), and right now I'm livid and hoping that my lawyer sues him and his insurance carrier for an astronomical amount. What would most likely happen if his insurance limits are low? Currently, his insurance... View More

William John Light
William John Light
answered on Apr 25, 2024

These questions should be answered by your attorney, who is paid for this information. However:

1. Insurance companies don't drop the ball and let their insureds fend for themselves. If that happened, it would be the best possible result for you because some serious consequences for...
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1 Answer | Asked in Libel & Slander, Personal Injury and Wrongful Death for California on
Q: I am a victim of Remote neurological monitoring and V2K voice to skull tourcher and gangstaked by anyone around me

The person behind this is a ex secret service agent and FBI agent from Redding and Roseville

James L. Arrasmith
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answered on Apr 23, 2024

I'm sorry to hear about your distressing experiences. It sounds like you're going through a very tough time. However, it's important to know that the technologies and scenarios you're describing, like remote neurological monitoring and "V2K voice to skull," are not... View More

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