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California Health Care Law Questions & Answers

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on

Q: My 18-yo son may have been hurt by a research study. Does the institution have any responsibility for his med care?

We are in California. As part of a study on treating youth with growth issues, my son was given meds typically used by breast cancer patients. He was on the meds for approx 2 years. 2 years later he developed Spondyloarthritis and faces a lifetime of issues with his hips and back. We have reason to... Read more »

Dale S. Gribow answered on Jul 2, 2019

much more info needed.

With law you have to prove your allegations. When you have proof, even then a judge or jury may not agree or there might be a statute of limitations issue.

There is also the issue of what agreement you signed since it was experimental.

this is not the...
Read more »

1 Answer | Asked in Contracts, Health Care Law and Insurance Bad Faith for California on

Q: Which attorney or attorney group would be willing to initiate a class action suit against a health care provider?

In August 2018, a health care provider delivered through FedEx, a broken piece of CPAP medical equipment, which I was unable to use for my diagnosed sleep apnea. I was unsuccessful in getting the equipment returned until February 2019. Since November 2018 when I received the first billing... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

Regardless of how frustrating and expensive this travail has been for you, it has none of the required legal earmarks to support a simple lawsuit, let alone support a class action. Rather than search for a lawyer or law firm to help you bring fire and brimstone down upon the heads of all the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on

Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?

Timur Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Criminal Law and Health Care Law for California on

Q: Hello my name.is heather i left more imfo below in the comment

Hello my name is heather and im looking for a pro bono lawyer i dont know what to do or how to do it but im trying to sue a hospital in san andreas mark twain hospital i dont know if ill have a case ive been there 5 times for the same thing and everytime i went there nothing was wrong and i was... Read more »

Timur Akpinar answered on May 20, 2019

You're trying to find a pro bono lawyer. It could be more practical, and simpler, for you to contact a medical malpractice lawyer and ask to discuss your matter with them. They generally work on contingency basis, and many offer free initial consults.

Tim Akpinar

2 Answers | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for California on

Q: its regarding patient care , hospital already compensating for property being lost, but can i go with medical claim too

passed away person phone is at hand with sighs of unfair treatment

William John Light answered on May 14, 2019

There aren't any facts in your post to evaluate whether a malpractice claim is even possible. You will need to contact a malpractice attorney to discuss this in detail. Such claims cannot be evaluated over the internet.

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1 Answer | Asked in Estate Planning and Health Care Law for California on

Q: Will California deny a long term care application if asset money was properly gifted?

I am my 95 year old aunt's attorney in fact. She is in an assisted living home in Culver City, CA. I need to apply for long term care for her. She has some cash in the bank, but not enough to pay her assisted living bill which is in arrears. California goes back 30 months and says they will deny... Read more »

Jeffrey Louis Gaffney answered on Apr 29, 2019

You CANNOT gift the money away or sell anything below fair market value without causing a penalty period for Medi-Cal to cover her nursing care bill. You can spend it but you cannot give it away.

You are not in any way liable for your aunt's care or her bills.

A nursing home can...
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2 Answers | Asked in Personal Injury and Health Care Law for California on

Q: What should we do? On what grounds can He counter sue?

In January 2019, my husbands toe was amputated.After the hospital discharged him, they sent a nurse for daily wound changes.She was rude and talked down to him, then argumentative.He demanded her to leave and she got angry and aggressive.He got up and again told her to leave.She yelled Are you... Read more »

William John Light answered on Apr 18, 2019

You need a NorCal attorney. He may have a claim for Elder Abuse, violation of the Unruh Act, assault/battery. He might also have nothing. These disputes are always hard to unravel who is at fault. It is worth exploring.

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2 Answers | Asked in Criminal Law and Health Care Law for California on

Q: What is the easiest and or most common grounds for having a case dismissed by the people in favor of the defendant?

Specifically a narcotics case

Dale S. Gribow answered on Apr 18, 2019

more info needed.

every case is different.

most common is illegal search and seizure

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2 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on

Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me

then had an emergency procedure at sutter they gave me medicence i am allergic to, they strapped me in bed have pix to show bruises. how does hospital not give me my own files?? how they give me wrong medicene, both uc davis who deformed me n refuse me my paperwork, and sutter which give me... Read more »

William John Light answered on Mar 26, 2019

You are entitled to your medical records. You are not entitled to the internal investigation.

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1 Answer | Asked in Family Law, Health Care Law and Elder Law for California on

Q: My sister has Alzheimer’s and has been in a Memory Care facility for six years I have Conservatorship.

Her on going income will no longer cover the cost. Can the facility require us to move her to someplace else after this long.

Jeffrey Louis Gaffney answered on Mar 5, 2019

She should be safe there. The rules for evicting someone from nursing care are pretty strict. As long as she (or her family or conservator) are working with the facility to get her on Medi-Cal, there should be no problem. If the facility does not take Medi-Cal though, then there will be... Read more »

2 Answers | Asked in Personal Injury and Health Care Law for California on

Q: Can you ask a patient to get a HIV test if you were poked?

William John Light answered on Jan 18, 2019

Your question indicates you are in Phoenix. Your question landed in the California forum. You should be asking Arizona attorneys and/or hospital management (assuming that is where this event occurred).

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on

Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?

Uncle admitted to hospital 12/11/18, then dies of kidney failure on 12/20/18, County Coroner calls us on 1/08/19 and tells us the report from hospital reads "No Family". Our family has been trusting this hospital for over 50 years, his sister died there 6 months ago which is how the coroner found... Read more »

William John Light answered on Jan 16, 2019

I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin.... Read more »

1 Answer | Asked in Health Care Law, Immigration Law and Civil Rights for California on

Q: Would be legal in California marry a homeless on disabilty for mental illness? Take care and give him a home?

I am Brazilian visitor with a american family and legal situation of extension visa. I came to take gcare of my 80 years old mom, but she is doing pretty better.

Just met this guy as a handman and got completely in love. I am single never married before, I have support and sponsor. Actually... Read more »

Kelli Y Allen answered on Jan 10, 2019

Front an immigration standpoint, there is nothing to prevent you from marrying him. If he is a U.S. citizen or permanent resident, he could then petition for you to become a permanent resident. The specifics of that process depend on a lot of factors, so I encourage you to have an immigration... Read more »

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on

Q: When a person fills out a DNR is that kept on record for that patient for future visits?

William John Light answered on Dec 28, 2018

Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.

Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?

Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... Read more »

William John Light answered on Nov 27, 2018

You should be asking Kaiser and the care facility in Oakland these questions.

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on

Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?

STORY: Parent informed police and school after 2nd incident. School says did not allow him back on campus after notified. Third incident started civil procedures, active restraining order, and acuser off by attorney. Would'nt that make him a type of child predator?

Louis George Fazzi answered on Nov 22, 2018

Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.

Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any...
Read more »

1 Answer | Asked in Domestic Violence and Health Care Law for California on

Q: I need financial help and a good divorce/domestic violence/ mental health lawyer. Over turn settlement?

Settlement was signed under duress and mental and physical abuse.

Dale S. Gribow answered on Nov 15, 2018

a lawyer needs more info

the person in the best position to answer your questions is the lawyer who helped initially.

how long ago was settlement?

1 Answer | Asked in Criminal Law and Health Care Law for California on

Q: I'm 17 yo and pregnant, my due date will be in late June, after my 18th birthday. Can my 28 yo husband get in trouble?

I use the word "husband" because we are engaged and we are getting married in the middle of June 2019. He is currently 28, and will be 29 before the baby is born. My family is happy and accepting, as well. Could we dodge the problems by saying he's a family member and then adding him onto the birth... Read more »

Angelina Bradley answered on Nov 3, 2018

Your fiance may want to consult with a criminal defense attorney. PC 261.5 is pretty clear it's a crime if an adult has sex with someone under the age of 18. I don't practice criminal law, so I don't know what the statute of limitations would be or the likelihood of prosecution.

But, if...
Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Health Care Law and Small Claims for California on

Q: I was helped at a mental health hospital but i was discriminated and instigated at a previous clinic.

these people are put in positions of trust. How can i sue them for emotional and physical damages? Ive filed grievances and i am filing independant medical reviews. What sort of lawyer if any should I pursue?

Louis George Fazzi answered on Oct 6, 2018

You need to post this for Florida lawyers. I am in California and can't advise you.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Personal Injury for California on

Q: can a mental health clinic i was refered to send me away and tell me they cant help with suicidal thoughts?

I was suicidal ive been untreated postpartum for 2 years my brother commited suicide my mom died, ive been trying to get help but have failed up until now i have a good therpist prescribing my meds ive been off for 10 years. i needed help i was instigated and pushed away and i know its not right... Read more »

William John Light answered on Oct 6, 2018

Your question indicates that you are in Florida, but you asked your question in the California section. In California, if you are feeling suicidal, there are many options, including hotlines, personal physicians, the police and County Hospitals. If you are a danger to yourself, you can be... Read more »

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