California Health Care Law Questions & Answers
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 »
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 »
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 »
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 »
Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?
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
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 »
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
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
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.
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 »
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... Read more »
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 »
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.
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
more info needed.
every case is different.
most common is illegal search and seizure
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 »
You are entitled to your medical records. You are not entitled to the internal investigation.
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.
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 »
Q: Can you ask a patient to get a HIV test if you were poked?
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).
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 »
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 »
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 »
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 »
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
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 »
You should be asking Kaiser and the care facility in Oakland these questions.
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?
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 »
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.
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?
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 »
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 »
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?
You need to post this for Florida lawyers. I am in California and can't advise you.
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 »
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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