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Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

1 Answer | Asked in Medical Malpractice for Ohio on
Q: I need someone to represent me for medical malpractice in ohio

I have called several lawyers about my medical issue. All of them but one have told me that it is too hard to take a malpractice case because it's not worth it. I understand that maybe my issue was not that important to them but it is to myself and family. Everybody is willing to represent me... View More

Gail N. Friend
Gail N. Friend
answered on Apr 26, 2024

If "everyone/attorney" is willing to handle your case under worker's comp -- if your case occurred because you were injured while you were in the scope of your employment, then you need to ask more questions. employee compensation for injuries is covered by law that is different... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue my dentist? We’re not properly putting my crown on and fitting it correctly and causing affections and fungal

I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More

Michael W. Horst
Michael W. Horst
answered on Apr 26, 2024

In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More

1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: In motion to compel further discovery: issue or evidence sanctions

Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;

what evidence or issue sanctions can be imposed, in addition to compelling response?

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More

0 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Minnesota on
Q: what type of lawyer do i need to let a doctor know he screwed up big time.

yes i have had two surgeries and now i am needing a third surgery and if i would have not gotten a second opinion i would have most likely needed a fourth surgery. i had a back fusion and it was redone a second time already i was told then by the surgeon he put a part in me that would not move well... View More

0 Answers | Asked in Medical Malpractice for Louisiana on
Q: If a nurse causes a serious wound and knowingly does not document the injury she caused in order to cover it up -

It is a post op nurse. Patient went to icu bandaged but underneath the bandage were two wounds from surgical tape removal. Patient is 83 with thin skin. Investigation revealed nurse showed no documentation of the wounds which bled and drained for 3 weeks and became infected.

1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: Summary judgement in hospice fraud case.

Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?

James L. Arrasmith
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answered on Apr 25, 2024

In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:

1. Completion of discovery: Generally, it is advisable to file a...
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1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: summary judgement In apparent hospice fraud case

At what point motion for summary judgement shall be filed In apparent hospice fraud case?

James L. Arrasmith
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answered on Apr 25, 2024

In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:

1. After the close of discovery: In most cases, it is advisable to...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is more discovery needed? What else is needed for proof of fraud?

If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:

is more discovery needed? What else is needed for proof of fraud?

Terminal disease was recorded on admission to hospital, by doctor who referred... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, if there is evidence that the plaintiff did not have a terminal disease at any time and was fraudulently referred by a hospital to hospice, additional discovery may be necessary to strengthen the case for fraud. Here are some key points to consider:

1. Medical records:...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses?

Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?

James L. Arrasmith
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answered on Apr 25, 2024

Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:

1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: CCP § 2023.030 (d) (4)

Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?

CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a... View More

0 Answers | Asked in Medical Malpractice for Arkansas on
Q: I'm on a mental disability, and this Dr fired me bc I wouldn't admit my self, and it got so bad I tried to slit my wrist

I've been diagnosed with over a dozen mental defects, she wanted me to commit myself and I told her no, she let me leave but fired me the next day. She has caused me mental and physical damage, to the point I tried to hurt myself. If she thought I was that mentally out of it she should of had... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Are all sub-components of Motion to Compel further discovery allowed to be compiled into one document?

Are all sub-components of Motion to Compel further discovery allowed to be compiled into one document, with title and footer Motion to compel further? (Notice and Motion, Memorandum, Separate statement, Declaration, Proposed Order).

James L. Arrasmith
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answered on Apr 24, 2024

In California, a Motion to Compel Further Discovery can typically include all the necessary sub-components in a single document. This is often referred to as a "Combined Motion." The California Rules of Court allow for this format to streamline the filing process.

A Combined...
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0 Answers | Asked in Medical Malpractice for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: How data dump issue with missing data has to be referenced in motion to compel further?

Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).

What plaintiff must do? Defense at... View More

James L. Arrasmith
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answered on Apr 24, 2024

In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:

1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense....
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0 Answers | Asked in Medical Malpractice for Tennessee on
Q: I have POA over my mother. Just battled cancer for the 3rd time. She has lympdema in her head neck chest and arm.

Extremely fragile patient. The therapist who is licensed in PT-CLT-LANA is a blessing to her the past few years. She's moving away and the Thearpy Center is in the process to train a therapist who graduated school in May 2023 for occupational therapy with no training of anything related to... View More

0 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue my Primary care physician for Malpractice or Negligence? What are my options?

I have been a new patient with the Doctor since January 2024. It's not been easy to get the necessary referrals to the specialists I needed because he would rather handle it himself. I'm suffering from bad gut bacteria & he placed me on the FODMAP Diet but restricted where most of... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Is separate statement NOT required for motion to compel responses to interrogatories if all were objected?

Is Cal Rules of Court, Rule 3.1345(b) applicable when all special interrogatories were objected?

Is separate statement NOT required for motion to compel responses to SE if all interrogatories were objected?

James L. Arrasmith
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answered on Apr 24, 2024

California Rules of Court, Rule 3.1345(b) states:

"A separate statement is not required when no response has been provided to the request for discovery."

If all special interrogatories were objected to and no substantive responses were provided, then a separate statement...
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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CCP § 2030.250 (a) vs CCP § 2030.250 (c).

Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between

CCP § 2030.250 (a) vs CCP § 2030.250 (c).

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.

CCP § 2030.250 (a) states:

"(a) The party to whom the interrogatories are directed shall...
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