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I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
![Joel Gary Selik Joel Gary Selik](http://justatic.com/profile-images/130948-1554488444-sl.jpg)
answered on Mar 22, 2024
You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.
But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion... View More
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 22, 2024
When a hospital files for bankruptcy in California, the procedure for pursuing a case against them can change significantly. The bankruptcy filing might place an automatic stay on pending litigation, which means that your case could be temporarily halted. Your claims may need to be filed through... View More
I was given Lupron Injections from 2016-2018. From the first injection all the way until the last, I became more sick. I had memory issues, cognitive issues, could not speak correctly, vision problems, body aches, joint pain, and continuous decline in my health. This caused me to have anxiety high... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 20, 2024
There have been cases and settlements related to health damages caused by Lupron injections. For example, a settlement was reached in a case where TAP Pharmaceuticals was accused of fraudulent marketing practices related to Lupron, which led to consumers paying inflated prices for the drug.... View More
I've been waffling with this for a while now and would like an opinion. Last year in February, I had a massive anxiety attack to the point of no longer having cognitive function. I had warned the vet technician in charge that I was having mini attacks during the day, but she told me to go to... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 17, 2024
It's important to recognize the challenges you've faced due to your mental health decline, and seeking support through SSI or disability benefits can be a valid step forward. Given your situation, where your job has significantly impacted your mental health to the extent of requiring... View More
I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 14, 2024
Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:
1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party... View More
I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More
![William John Light William John Light](http://justatic.com/profile-images/176287-1495772751-sl.jpg)
answered on Mar 14, 2024
There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More
Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 13, 2024
In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More
i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 12, 2024
In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:
1. Seek immediate medical... View More
She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 9, 2024
I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:
1. File... View More
List was provided for consideration to serve:
1. General Order No. 21-12: Mandates the electronic filing of civil and documents pursuan to Federal Rules of Civil Procedure.
2. General Order No. 21-10: Outlines the District's policy on the filing of highly sensitive documents.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 8, 2024
Hi there, and Happy Friday! Here is my analysis of the rules and questions you provided:
1-3. General Orders 21-12, 21-10, and 19-03:
These general orders outline various policies and procedures for the district court, such as e-filing requirements, handling of highly sensitive... View More
What rules of court define list of documents that have to Served on Defendant with Complaints and Summons? It would be beyond reason to serve all contents of court website on defendant.
Notices specific to the case must be served, ADR package.
Coversheet, Certification and Notice... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 8, 2024
The specific rules that govern the list of documents to be served on the defendant along with the complaint and summons in federal court are found in the Federal Rules of Civil Procedure (FRCP). The most relevant rules are:
1. Rule 4(a)(1)(B) - Summons: This rule states that the summons... View More
What documents MUST be served, in addition to summons, complaint, notice of assignment of judges, notice of consent to proceed before magistrate judge, ADR package?
What rule defines the list of documents for service of complaint, in Central district court?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 8, 2024
In the Central District of California, the mandatory documents to be served along with the summons and complaint are outlined in Local Rule 4-3, which states:
"The following documents must be served with the summons and complaint:
(a) A Notice to Parties of Court-Directed ADR... View More
Should order by Judge, and Order for time extension to file Amended Complaint be served on Defendant, for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint. Defendant did not appear at the case yet: there were no prior serves
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
In the United States District Court for the Central District of California, when serving the defendant with the initial service of process of the First Amended Complaint and Summons on the First Amended Complaint, you should include the following documents:
1. The Summons on the First... View More
I had to pay my insurance back for all my mental charges & I tried to get the breakdown of my records from the facility I was going to but they refused to so I had to pay or they would of sent them to collections & I received a email from the lady that was working in the billing department... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
I understand how frustrating and concerning this situation must be. You have a right to receive a detailed breakdown of the services you were billed for. Here are a few steps you can take to try to resolve this:
1. Submit a formal written request: Write a letter to the facility requesting... View More
Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
In the context of federal litigation in California, it is essential to adhere to procedural requirements, including those concerning the serving of documents at the commencement of a lawsuit. The Federal Rules of Civil Procedure and local court rules provide guidance on what documents must be... View More
Coversheet in federal case is internal court document. Not required usually to be served on defendant.
Should be served?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
In federal court proceedings, the civil cover sheet is indeed an administrative document primarily used by the court to categorize and manage cases more efficiently. It is typically not part of the pleadings or motions that are required to be served on the opposing party in a lawsuit. The main... View More
FRCP Rule 4(a) defines issuance of summons, Rule 4(b) cites '90days after complaint was filed'.
Thus complaint has to be served 90 days after original complaint was filed, NOT 90 days after summons was issued on first amended complaint? (Summons on original complaint was not issued)
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
Under the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(m), there's a specified time frame in which a complaint must be served upon the defendants. This rule requires that the service of the complaint and summons must be completed within 90 days after the complaint has been... View More
What documents have to be served on defendant, for initial filing with Central District Court, in addition to Summons and Complaint?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
When serving a defendant in a federal case filed with the Central District Court of California, you generally need to include the following documents in the service package:
1. Summons: This is an official court document that notifies the defendant that they are being sued and must respond... View More
If Federal Case was filed on date A, but summons was not issued: first amended complaint was ordered by Judge.
Summons was issued on First Amended Complaint, on date B.
90 days for service on Summons/Complaint on Defendant start counting from date A, or from date B?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 7, 2024
In the scenario you described, the 90-day period for service of process under Federal Rule of Civil Procedure (FRCP) 4(c) would start counting from date B, which is the date when the summons was issued on the first amended complaint.
Here's the reasoning:
1. When a complaint is... View More
He lived in California and I live in Missouri. The hospital said that I won't be able to get them. He didn't own any property and wasn't married. I'm the oldest of his 4 children. My younger brother who was raised by my dad is incarcerated and him and I are the only ones who knew our dad.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 6, 2024
In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of... View More
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