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My adult son was involved in a serious accident, and he was the only one injured. When I visited the hospital, I was told he was in custody and I couldn't see him or get updates. The police don't have him booked, and it's been a week without any information. The hospital said his... View More 
answered on Apr 18, 2025
First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More
Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?
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answered on Apr 16, 2025
Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More
I am concerned about an inmate who was previously diagnosed with schizophrenia while incarcerated for three years and was released three months ago. Since his release, he has not received adequate mental health treatment and experienced episodes leading to new charges, including false imprisonment.... View More
answered on Apr 9, 2025
Dear Bakersfield Resident,
Given the inmate’s schizophrenia and recent episodes leading to charges like false imprisonment, one option is to pursue mental health diversion under Penal Code Section 1001.36. This program allows defendants with qualifying mental disorders to have charges... View More
My son has necrosis of the right hip and requires a full hip replacement. He is experiencing significant pain, but doctors refuse to prescribe proper pain medication because he takes Xanax for anxiety, which he has been using for years under prescription. He has allergic reactions to alternative... View More
answered on Feb 21, 2025
Doctors can make medical decisions such as determining not to prescribe one medication with another. This is completely within the doctor's discretion up to the point of malpractice. The solution is to attempt to get a different health care provider.
I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting... View More
answered on Jan 13, 2025
In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More
Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More
answered on Dec 17, 2024
Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More
Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More
answered on Dec 13, 2024
This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More
Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More
answered on Nov 9, 2024
Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More
I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More
answered on Nov 8, 2024
You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More
I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More
answered on Oct 31, 2024
Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More
Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care
answered on Oct 21, 2024
Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More
've been going to my primary doctor for the last several years for extreme pain and weakness and nonstop burning in both of of my arms. My doctor thought I had maybe a pinched nerve and sent me for a CAT scan, which showed nothing. I went for carpal tunnel testing which was an a painful... View More
answered on Oct 9, 2024
It is common - especially given the fact that warning labels can change, and that all doctors may not routinely perform a full spectrum of lab work as was the case with your new doctor filling in for the other's maternity leave. A medical professional could make a better assessment of your... View More
My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.
answered on Oct 17, 2024
The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would... View More
I been looking for a lawyer but they said I need a specific one a lawyer told me about this website to try it out and hopefully I find one
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answered on Oct 12, 2024
Your friend may have been talking about the section here for searching for attorneys by region and practice area. It's the tab above labelled "Find a Lawyer." You could supplement your own independent attorney searches with that. You could also look into the attorney referral... View More
How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?
answered on Sep 15, 2024
Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.
To file a lawsuit, contact a malpractice lawyer,... View More
How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?
answered on Sep 22, 2024
Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More
What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her
answered on Sep 15, 2024
I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 15, 2024
They might not be "playing possum," as you put it. They might simply not be certain of what to do.
'Any takers," you ask. If twenty firms declined your case, and they were reputable mainstream firms, I think it's likely that other firms would similarly decline. But... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 8, 2024
Hopefully you are consulting with medical specialists to determine your needed treatment.
Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,... View More
I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More
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answered on Jul 22, 2024
Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More
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