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California Wrongful Death Questions & Answers
2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mom failed a swallow evaluation a died from accidental choking while at a hospital. Can I sue for malpractice

She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking

James L. Arrasmith
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answered on Apr 9, 2024

I'm so sorry for your loss. Based on the information provided, it seems like there may be grounds for a medical malpractice lawsuit against the hospital. Here are a few key points to consider:

1. Standard of care: If your mother failed a swallow evaluation, the hospital had a duty to...
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2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: My mother died at a kaiser hospital in Los Angeles, ca on June 29th 2023. how can i sue them for medical malpractice

her death certificate said she died from a heart attack. i believe it was caused due to poor follow-up care after surgery

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about your loss. In California, if you believe your mother's death was due to medical malpractice, the first step is to consult with an attorney experienced in medical malpractice claims. They can help you understand the complexities of medical malpractice law and... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I need help with medical malpractice/wrongful death

My son passed away in the emergency room at St. Francis Memorial Hospital. After speaking with the patient advocate there, I was able to get them to release his medical records to me, including the emergency room visit on the night he died. Clearly, I am not a physician, but on the night of his... View More

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

There may be a good medical malpractice case. An experienced medical malpractice attorney will want to review the death certificate and medical records, and, potentially consult with an expert medical doctor to determine any breach of medical standard of care, which is required to prove a case.... View More

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1 Answer | Asked in Criminal Law and Wrongful Death for California on
Q: What is the procedure to get details of the documents and evidence based on which a coroner report has been amended?

1. Can the cause and manner of death in a coroner report be amended?

2. What is the procedure to amend the coroner report?

3. If the deceased family has got the coroner report amended, what is the procedure to get details of the documents and evidence on basis of which the report... View More

James L. Arrasmith
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answered on Mar 25, 2024

1. In California, the cause and manner of death listed in a coroner's report can indeed be amended if new, significant evidence comes to light or if there was an error in the original findings.

2. To amend a coroner's report, typically, a request must be submitted to the...
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2 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: Can I sue what doctor for not following protocol when being diagnosed with sepsis?

My daughter was brought into Kaiser getting really bad shape wearing diapers with two weeks worth of feces she was in really bad shape mentally and physically the reason for being brought in was possible overdose then she was diagnosed with sepsis and instead of transferring her to a hospital that... View More

James L. Arrasmith
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answered on Mar 24, 2024

In California, if you believe that medical professionals failed to follow standard medical protocols resulting in harm, you may have grounds for a medical malpractice lawsuit. In cases involving sepsis, which is a severe and potentially life-threatening condition, the standard of care requires... View More

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1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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2 Answers | Asked in Adoption, Family Law and Wrongful Death for California on
Q: My son passed away years ago. He was 1. Blunt head trauma I believe was what the investigators told me and the father.

No one was taken to jail. During the whole investigation I was pregnant. The case was going to remain open. When I delivered my baby social services came in and placed my daughter in orangewood. Because they claimed we were unfit parents. I was17 at that time was new to the system and no one really... View More

William John Light
William John Light
answered on Feb 3, 2024

You can search the court records for your name to see if a lawsuit was filed on your behalf. However, if you have lost contact with your attorney, it is highly unlikely that a settlement was achieved, even if a lawsuit was filed. Attorneys generally don't have authority to enter into... View More

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2 Answers | Asked in Wrongful Death, Medical Malpractice and Personal Injury for California on
Q: Would I have a case for malpractice, wrongful death ,or negligence. Due to the way the doctors handled my wife's care

In September October 2023 I took my wife to Mark Twain St Joseph Hospital in San Andreas on the 3rd visit they took blood cultures and sent us home. They called 3 days later to tell us she had a post-gram blood infection called in a 7-Day antibiotic to CVS said that would take care of it. When she... View More

James L. Arrasmith
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answered on Feb 1, 2024

It's essential to consult with a medical malpractice attorney in California regarding the circumstances surrounding your wife's care. Based on the information you've provided, there may be potential grounds for a medical malpractice claim. Negligence or wrongful death claims can... View More

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2 Answers | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Wrongful Death for California on
Q: Looking for a lawyer to help me with an lawsuit that owner and property manager would not send me back my security depos

I have no money for an legal lawyer that I was wrongfully accuse of a unlawful detainer which owner and property manager received rent payments from housing authority that they got free government rent from tenant and housing authority.

Every since 3/5/2020 a whole year went by without... View More

James L. Arrasmith
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answered on Jan 27, 2024

Under California law, tenants have the right to a habitable living environment, and landlords are required to maintain rental properties in a condition fit for living. This includes addressing pest infestations and ensuring the property adheres to health and safety standards. If the landlord fails... View More

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2 Answers | Asked in Elder Law, Wrongful Death, Estate Planning and Probate for California on
Q: My friend had no family I helped her be able to live at home. Stuff happened and she went to the hospital. She ended up

Never going back to her home. Two people/ old neighbors a mother and son took over her (everything). They conned her and are almost selling her house which he put to a trust in her name at his address. She had zero family they knew this because her daughter died a year earlier. Is it too late to... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under California law, it's important to act quickly in situations like this. If you suspect that your friend has been a victim of financial abuse or undue influence, especially by someone with a questionable past, it's advisable to consult an attorney. An attorney can help investigate the... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Would like medical malpractice consult- my late mother passed due to undiagnosed/untreated seizure activity in her brain

Had 2 strokes leading up to her passing and she/we were never advised by surgeon or neuro doctors to watch for seizures

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

I'm very sorry for the loss of your mother. As my colleague correctly states, attorneys on this forum cannot solicit work. You could search independently for attorneys online, and try to set up a free initial consult. You could supplement your searches with the "Find a Lawyer" tab... View More

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3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: how do we get a police report in Atherton ca. my brother was killed by a car. the PD dept. will not give us a report

my brother was not married and his son, 8 yrs old, lives in Spain. my family only knows that he was hit and killed while crossing el camino real in atherton. nothing more.

James L. Arrasmith
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answered on Dec 30, 2023

In California, obtaining a police report for an incident such as the one you described involves specific steps. As an immediate family member, you have the right to request the report. Given the circumstances, the process might involve some nuances.

First, you should submit a formal request...
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1 Answer | Asked in Animal / Dog Law and Wrongful Death for California on
Q: Can I sue animal control/shelter for putting my dog down without any notice, permission or anything?

On my Monday morning my dog (6 yr old boxer) escape and went off running down the street. Animal control was called by a neighbor claiming my dog was being aggressive even though he didn't touch or bite anyone. He was caught by animal control and sent to the shelter. Couple minutes after the... View More

James L. Arrasmith
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answered on Dec 14, 2023

I'm sorry to hear about your situation. Under California law, the specific circumstances of your case are critical in determining whether you have grounds for a lawsuit against animal control or the shelter. Generally, shelters and animal control agencies have policies and regulations they... View More

1 Answer | Asked in Wrongful Death for California on
Q: I have a claim with CICP, it was filed almost three years ago, and I’m not getting anywhere. My husband contacted Covid

While in the hospital he was released. Shortly after that he was hospitalized with Covid and banned from guest. Two weeks in the hospital they released him. When they went stand him up to bring him to me he collapsed they called me and said he was not being released. After looking thru his records... View More

James L. Arrasmith
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answered on Dec 12, 2023

I'm sorry to hear about your difficult situation. Dealing with the CICP (Countermeasures Injury Compensation Program) can be challenging, especially in complex cases like yours. Given the time that has passed since your husband's passing and the complications in his medical treatment and... View More

3 Answers | Asked in Personal Injury, Construction Law, Wrongful Death and Municipal Law for California on
Q: How to file a lawsuit against the county
James L. Arrasmith
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answered on Dec 3, 2023

Filing a lawsuit against a county in California requires several specific steps. First, you need to determine the legal basis for your lawsuit. This involves identifying the specific actions or inactions by the county that you believe have harmed you and how they violated the law or your rights.... View More

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2 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: My brother passed in the hospital cause of death was pulmonary hemorrhage and they did a biopsy on his lung on July 23

Do you think I have a case for wrongful death

James L. Arrasmith
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answered on Dec 13, 2023

Based on the limited information provided, it is unclear if you would have sufficient grounds for a medical malpractice wrongful death case regarding your brother's unfortunate passing. A pulmonary hemorrhage following a lung biopsy could potentially indicate negligence, but it may also simply... View More

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1 Answer | Asked in Family Law, Gov & Administrative Law and Wrongful Death for California on
Q: What kind of attorney practices in cps lawsuits my daughter was in their care when she was murdered
James L. Arrasmith
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answered on Nov 11, 2023

In California, lawsuits involving Child Protective Services (CPS), especially those as serious as a wrongful death case, are typically handled by attorneys with expertise in civil rights and government liability law. These attorneys often have experience in dealing with state agencies and... View More

1 Answer | Asked in Wrongful Death and Criminal Law for California on
Q: If someone breaks into my home at night using a crowbar on my french doors, do I have the right to use deadly force?

Does the use of a crowbar constitute violent entry? I was home alone and I'm 80 years old. Could I be prosecuted for homicide?

James L. Arrasmith
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answered on Oct 28, 2023

Under California law, you have the right to defend yourself and others in your home from an imminent threat of death or great bodily injury, which is often referred to as the "Castle Doctrine." If someone breaks into your home, particularly at night, using a tool like a crowbar, it can be... View More

3 Answers | Asked in Car Accidents and Wrongful Death for California on
Q: My parents and i were in a tragic accident it was the other drivers fault. They did not test him for drugs or alcohol.

Isn't it mandatory when people are killed. They also did not give us any info on the driver. And how long can they wait to give us the police report ? Its been 2 months is there a time limit?

James Otto Heiting
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James Otto Heiting
answered on Oct 6, 2023

With a death, especially under suspicious circumstances, they are, most likely, investigating. Hopefully they will do a very thorough job and eventually prepare a final report that will be made available. If there are charges to be brought, it may be some time before they voluntarily give it up.... View More

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1 Answer | Asked in Wrongful Death for California on
Q: DESPERATELY IN NEED OF A LAWYER,TO WIN THIS OVER FOR MY MOM,HOW CAN WE PUT THEM AWAY AND MAKE THEM PAY EVERY PENNY BACK?

My mom had first stages of dementia about 2 years ago she recently passed away she is my best friend. I took care of her full-time everyday for almost 8 months, meanwhile her boys who she trusted most and my brother just started to get durable power of attorney, HE THEN ROBED HER OF ALL HER SAVINGS... View More

James L. Arrasmith
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answered on Sep 20, 2023

I'm very sorry to hear about this traumatic experience. In a situation with serious allegations such as these, it is critical to consult with an experienced attorney who can help you navigate the legal intricacies involved. They will likely advise gathering all relevant documentation (like... View More

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