California Health Care Law Questions & Answers

Q: Can I sue a primary care doctor for wrong diagnosis and for sending me to ER (and wasting my money) instead of MRI?

1 Answer | Asked in Health Care Law for California on
Answered on Mar 12, 2018

Maybe. More facts are needed but if you actually had a wrong diagnosis and the physician breached the standard of care, within the applicable statute of limitations, you may have a legal claim. I suggest you call a medical malpractice attorney in your local jurisdiction for a Free Consultation to fully explore your rights, responsibilities and obligations. Good luck and sorry to hear about your troubles!
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Q: Can the state of California call my employer in New Jersey and threaten them to force me to purchase Aetna.

1 Answer | Asked in Child Support and Health Care Law for California on
Answered on Feb 20, 2018

This scenario clearly needs more info.

it sounds like you blew it time wise and then are taking it upon yourself to rule out a specific company.

you need someone to go over ALL the facts to get to the bottom of this...........but if there was a court order this case is far along.
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Q: I have been dealing with a dislocated jaw for 2 years. Pain everyday. Can't work. Now insurance is not approving MRI.

2 Answers | Asked in Personal Injury and Health Care Law for California on
Answered on Feb 15, 2018

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Q: Is it illegal to give my brother viagra without his knowledge as a prank?

1 Answer | Asked in Criminal Law and Health Care Law for California on
Answered on Feb 9, 2018

yes illegal, do NOT DO IT

you do not know how it will adversely affect him
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Q: Arrested and was denied my medication for legitimate documental illness. Illegal?

1 Answer | Asked in Criminal Law and Health Care Law for California on
Answered on Jan 30, 2018

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Q: How can I add my domestic partner to my work health insurance if she dosent have a social security number

1 Answer | Asked in Immigration Law and Health Care Law for California on
Answered on Jan 26, 2018

If you marry, then you can file a spousal petition for an immediate relative. Your partner will get work authorization and a social security number very quickly.
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Q: Does the DMV have the right to collect information on my medications and dosages for diabetes?

1 Answer | Asked in Civil Rights and Health Care Law for California on
Answered on Jan 10, 2018

The consequences could include the loss of your driving privileges. Any medical condition which could impact your ability to safely operate a motor vehicle is of relevance to the DMV, particularly at license renewal time. If you were to go into a diabetic seizure, coma or some other, similar event while driving, you would obviously be a danger to yourself and others on the road. The DMV have the ability to inquire about possible medical conditions affecting the ability to safely operate motor...
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Q: If my injury has not been properly diagnosed by a workers comp physician, being the Injury happened February 26, 2017

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for California on
Answered on Jan 8, 2018

Just because you 'a doctor' on the Medical Provider Network does not mean you receive standard medical treatment... most docs on the MPN look at a patient and provide no treatment whatsoever. That is how they remain on the MPN. You get zero for mental distress and chronic pain, you get treatment only now for psychiatric injuries, so in most cases it's a huge invasion of privacy for two visits with a psychologist, just not worth it. TIME BETTER SPENT would be thoroughly researching the...
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Q: If my father is under the care of his brother who is not using his disability check correctly

1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on
Answered on Jan 4, 2018

If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an attorney in your area to determine whether this is a viable option. You can find out more about conservatorships on your local superior court website. Many courts offer conservatorship workshops for...
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Q: Does a doctor have to show you their degree if you ask them to?

1 Answer | Asked in Education Law, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Answered on Dec 18, 2017

You can verify licensure with the State of California:$lcev2.startup?p_qte_code=DC&p_qte_pgm_code=8500

To answer your question, no, the doctor doesn't have to show you his degree. Further, a degree only means that the doctor graduated from medical school. It doesn't mean that s/he has a license from the state to...
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Q: I'd like to know if CBD is considered illegal by the federal government,then why can they have a Patent on it?

1 Answer | Asked in Federal Crimes, Gov & Administrative Law, Health Care Law and Patents for California on
Answered on Nov 28, 2017

Even if fully compliant with California law, Cannabis and CBD is still a Schedule I drug under the Federal Controlled Substances Act.

It really depends on which product you are trying to patent. If it's a cannabis related substance, chances are you won't get any patent on the product. If it's a smoking device on the other side, there might be ways to highlight the features of the smoking device which are unrelated to CBDs.

As always, please read the disclaimers on the site.
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Q: If the attorney has changed does the medical provider have to get a new lien with the updated attorney's signature?

1 Answer | Asked in Personal Injury and Health Care Law for California on
Answered on Nov 14, 2017

to be safe i always advise doctors to get a new lien...........thus locking in the new lawyer.

when case settles if the attorney has not signed lien and the client ORDERS him not to pay the lawyer is in a difficult position and i suspect would not would be the case if it happened to me.

a lawyer has to follow a client's orders.
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Q: Bro did'nt answer docs calls over 6 months. Dad is elder under bro's care. Dad diagnosed with cancer. Is it neglect?

2 Answers | Asked in Criminal Law, Family Law, Elder Law and Health Care Law for California on
Answered on Nov 11, 2017

Your brother's failures certainly do sound like neglect and likely should be reported to Adult Protective Services. That said, there are a lot of questions that would need to be answered. Was the elder not able to receive any of the messages? Did the doctor ever send a letter? I would think that under these circumstances, there should have been more effort than 5 messages over a period of six months. Also, if the physician knew the patient wasn't able to personally respond and that your...
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Q: Leased Apartment in CA. Coack roach from day 1, landlord offered another apt but same can happen there, want to be out

2 Answers | Asked in Consumer Law, Health Care Law and Landlord - Tenant for California on
Answered on Oct 30, 2017

As you have already entered into a lease agreement and shifted to your selected appt. that of course may have visited by you earlier, terminating lease or immediate move out might consume your time.

I suggest, take advantage of relocation offer to another appt. Prior to shifting, visit and make a thorough check whether that appt is having similar problem or not. If that looks better shift there to avoid unnecessary hassle.

As you will shift to another appt. you might have to...
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Q: HIPPA Violation

1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Answered on Oct 23, 2017

If you have a pending medical malpractice case, the other party is entitled to obtain a copy of your medical records. You have put your medical condition at issue and therefore you have waived your right to privacy. For those issues that are not relevant to your case, they will not be admissible at the time of the arbitration. But, the other party still has the right to review the records and determine what is and is not relevant to your case.
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Q: How does a durable POA become active? It is signed and notarized.

1 Answer | Asked in Contracts, Health Care Law and Estate Planning for California on
Answered on Oct 17, 2017

It is active, unless somewhere in it, it says it is not unless X event happens.

David Hicks
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Q: Will a dentist be at fault if was issued a dental license by board then revoked because of eligibility mistake by board?

1 Answer | Asked in Employment Law, Gov & Administrative Law and Health Care Law for California on
Answered on Oct 6, 2017

At fault for what? Your inquiry is too short on details.
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Q: what legal option do I have when my apartment manager refuse to remove air freshener in the hall that makes me feel sick

1 Answer | Asked in Consumer Law, Personal Injury, Health Care Law and Landlord - Tenant for California on
Answered on Sep 29, 2017

There is no right to be free from air fresheners. If you have an allergy to something in the air freshener, supported by a diagnosis from a doctor, you might have a disability and be entitled to a reasonable accommodation by your landlord, i.e., switching air fresheners.
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Q: I'm 14. I CANNOT live with my parents anymore. What do you think I should do? Is there a way I can live with my Grandma?

1 Answer | Asked in Family Law, Child Custody, Education Law and Health Care Law for California on
Answered on Sep 22, 2017

You should talk to a school counselor about your issues. As a 14-year-old, you are too young to be making these kinds of decisions on your own. You need good adult supervision and advice, and perhaps you should even seek out your own legal counsel to work with you. But a good place to start is with your school counselor.
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Q: Am I able to expunge court records/documents if I can prove that a conservatorship was erroneous?

1 Answer | Asked in Family Law, Elder Law, Estate Planning and Health Care Law for California on
Answered on Sep 6, 2017

It all depends on the details, and you have provided few.
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