California Health Care Law Questions & Answers
Q: What should we do? On what grounds can He counter sue?
William John Light's answer
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.
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?
Dale S. Gribow's answer
more info needed.
every case is different.
most common is illegal search and seizure
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
2 Answers
| Asked
in
Personal Injury, Elder Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
William John Light's answer
You are entitled to your medical records. You are not entitled to the internal investigation.
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.
1 Answer
| Asked
in
Family Law, Health Care Law and Elder Law
for
California
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Jeffrey Louis Gaffney's answer
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 problems.
The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...
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 problems.
The lesson to take away is that Medi-Cal planning needs to be done years before you need it. If you can put your assets into the right kind of trust, then you will qualify for Medi-Cal and...
Q: Can you ask a patient to get a HIV test if you were poked?
William John Light's answer
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).
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?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
William John Light's answer
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. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
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. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
Q: Would be legal in California marry a homeless on disabilty for mental illness? Take care and give him a home?
1 Answer
| Asked
in
Health Care Law, Immigration Law and Civil Rights
for
California
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Kelli Y Allen's answer
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 attorney assist with the process.
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 attorney assist with the process.
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
1 Answer
| Asked
in
Wrongful Death, Health Care Law and Medical Malpractice
for
California
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
William John Light's answer
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.
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?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse
for
California
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.
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?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Louis George Fazzi's answer
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 danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
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 danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Q: I need financial help and a good divorce/domestic violence/ mental health lawyer. Over turn settlement?
1 Answer
| Asked
in
Domestic Violence and Health Care Law
for
California
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Dale S. Gribow's answer
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?
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?
Angelina Bradley's answer
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 you're going to be 18 at the time of delivery, then the medical professionals working with you would no longer be bound to make a mandatory report to child welfare officials because you would no longer...
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 you're going to be 18 at the time of delivery, then the medical professionals working with you would no longer be bound to make a mandatory report to child welfare officials because you would no longer...
Q: I was helped at a mental health hospital but i was discriminated and instigated at a previous clinic.
1 Answer
| Asked
in
Civil Rights, Consumer Law, Health Care Law and Small Claims
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
Louis George Fazzi's answer
You need to post this for Florida lawyers. I am in California and can't advise you.
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?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith and Personal Injury
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
William John Light's answer
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 confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...
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 confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...
Q: Can Kaiser hospital Psyc department deny a patient who has dual diagnosis one on one psycho therapy?
William John Light's answer
This is a medical question and should be directed to the psychotherapists and whether the treatment program meets the standard of care in the community.
This is a medical question and should be directed to the psychotherapists and whether the treatment program meets the standard of care in the community.
Q: how many days before I can file a lawsuit against a CA hospital for negligence please. Thank you
N. Munro Merrick's answer
This is a personal injury complaint and needs a personal injury lawyer to answer.
This is a personal injury complaint and needs a personal injury lawyer to answer.
Q: If somebody claims that someone else have them a virus what would that be considered?
Dale S. Gribow's answer
More info needed.
it sounds like you are just concerned about Civil and not criminal issues.
anyone can sue anyone for anything at any time.
unless you have assets i would be surprised that a lawyer would take the case on a contingency.
if she has money she may pay a lawyer on an hourly.
More info needed.
it sounds like you are just concerned about Civil and not criminal issues.
anyone can sue anyone for anything at any time.
unless you have assets i would be surprised that a lawyer would take the case on a contingency.
if she has money she may pay a lawyer on an hourly.
Q: The hospital nurse made me walk to my vehicle when i mention. I was feeling dizzy she suppose to take me in welchaire
3 Answers
| Asked
in
Personal Injury, Appeals / Appellate Law and Health Care Law
for
California
on
Answered on Jun 21, 2018
Answered on Jun 21, 2018
Dale S. Gribow's answer
with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.
not sure how that could cause back pain.
if you had fallen walking and broke something it might be a case to pursue.
i hope you and the baby are fine.
with the little info i have it appears at first blush that she did not follow protocol for hospitals discharging a baby.
not sure how that could cause back pain.
if you had fallen walking and broke something it might be a case to pursue.
i hope you and the baby are fine.
Q: Can assisted living facility in California refuse cameras in private quarters because employees do not want it.
2 Answers
| Asked
in
Consumer Law, Elder Law and Health Care Law
for
California
on
Answered on May 27, 2018
Answered on May 27, 2018
Sally Bergman's answer
Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.
Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.
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