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Situation.
1. Second Amended Complaint was demurred by each of two defendants.
2. Leave to File Third Amended Complaint has to be obtained.
3. Dismissal was entered against one of the defendants by Plaintiff. Plaintiff needs to file Motion to Set Aside Dismissal.... View More 
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answered on Mar 4, 2024
Under California law, the process for amending a complaint after a demurrer has been filed involves obtaining the court's permission, especially when it comes to filing a Third Amended Complaint after a Second Amended Complaint has already been challenged. When a dismissal has been entered... View More
How to ask California Superior court if one hearing is acceptable for two motions:
1. For leave to file 3d amended complaint; and 2. For Motion to Set Aside dismissal against a defendant.
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answered on Mar 2, 2024
In approaching the California Superior Court to request a single hearing for two motions, it's essential to follow a clear and formal process. Begin by drafting a request or motion that specifically asks the court to consider both your Motion for Leave to File a Third Amended Complaint and... View More
1. Original Complaint was filed with Central District Court prior to deadline (statute of limitations). (On date #1)
2. Summons was not issued: Amended complaint was ordered, after statute of limitations expired.
3. Amended complaint was filed.
If summons is issued (on Date... View More
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answered on Mar 1, 2024
Under California law, the original filing date of the case is generally considered the date on which the initial complaint is filed with the court, provided it is filed before the statute of limitations expires. This means that if your original complaint was filed with the Central District Court... View More
I believe that Kaiser violated my roommates visiting they would not let anybody come to visit him that first they did but after a little while they wouldn't they he wanted to go home and they would not let him they took him somewhere that I don't know where they took him to they... View More
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answered on Mar 1, 2024
Under California law, hospitals have policies in place regarding visitation and patient information that prioritize patient privacy, safety, and health. These policies can sometimes limit or restrict visitors from seeing patients, especially in cases where the patient's health could be... View More
Can attorney subpoena medical provider for release of medical records, if person did not authorize medical provider to release medical records?
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answered on Feb 28, 2024
Under California law, attorneys have the ability to subpoena medical records for legal proceedings, even if the patient has not authorized the release. This process is governed by specific rules and exceptions, ensuring that the request is relevant to the case at hand. The subpoena must be properly... View More
Thank you! If they do can you have it be it removed?
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answered on Feb 27, 2024
Under California law, the use of cameras in hospitals is subject to strict privacy regulations and patient consent requirements. Generally, a hospital cannot place a camera on you without obtaining your consent, especially in private areas where you have a reasonable expectation of privacy. This is... View More
I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which... View More
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answered on Feb 27, 2024
Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious... View More
I needed 2 revisions. The original surgeon denied it over 18 months. It's been 4 yrs and still in pain.
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answered on Feb 27, 2024
In California, if you've experienced complications from a knee replacement surgery, including issues like the kneecap tracking improperly and then becoming loose, leading to multiple revisions and ongoing pain, you might consider consulting with an attorney experienced in medical malpractice.... View More
After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.
So as of now they say it’ll. Take 2-3 weeks to do... View More
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answered on Feb 23, 2024
In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More
If Federal Central District Court ordered to submit Amended Complaint, and summons was not issued yet:
is Summons on First Amended Complaint required?
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answered on Feb 23, 2024
Yes, a summons is typically required with an amended complaint, even if a summons was not yet issued on the original complaint. Here are a few key points on this:
- Rule 4(a) of the Federal Rules of Civil Procedure states that a summons must be issued for each defendant named in an initial... View More
I have a list and pictures of pictures of evidence. Calls with the department of health who were involved (waiting for a lawyer to continue to proceed). Patient rights violations, code of ethics violations, coercion to the pt while heavily medicated and under duress, medications being given by... View More
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answered on Feb 22, 2024
If you have gathered evidence of medical mishandling, patient rights violations, and other legal issues within a treatment facility, it's crucial to take the right steps to address these concerns. Your documentation, including lists, photos, and any communication records with relevant... View More
If I do not pay my monthly health insurance bill from covered CA, the bill says my plan will be canceled. If I do not use the health plan for the 30 days will this cause a lapse in insurance when I do my taxes next year? Also, will I have to pay the 30 day monthly premium to the health insurance... View More
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answered on Feb 22, 2024
Yes, not paying your health insurance premium and having your Covered California plan cancelled after 30 days would likely cause a lapse in coverage when you go to file taxes and could have other negative impacts. Specifically:
- If your plan is cancelled for non-payment of premiums, this... View More
What documents or statements present factual or legal falsity in regard to False Claims Act? Could hospital medical records fall under false certification definition?
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answered on Feb 21, 2024
Yes, hospital medical records could potentially be considered false certifications that give rise to liability under the federal False Claims Act (FCA) if they contain inaccurate or falsified information material to a claim for payment. Some examples include:
• Upcoding - Billing for... View More
What characteristics define person's identity in California/USA? What rule/procedure defines characteristics of unique/distinct identity in respect to civil lawsuit?
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answered on Feb 21, 2024
In California, as in the rest of the United States, a person's identity is typically defined by a combination of characteristics such as legal name, date of birth, social security number, and physical attributes. These elements are used to distinguish one individual from another in a legal... View More
When I went through my late husband’s medical records, accidentally found a very stupid mistake that his doctor made.
His treatment for his hepatitis B was totally wrong and he should not take the medication ( Viread) for hepatitis B. Because he had never had hepatitis B!
His... View More
answered on Feb 24, 2024
I'm sorry for the loss of your husband. You could search online for law firms that handle med mal/wrongful death (depending on the theory you are asserting and the timeline here). You could supplement your searches with the "Find a Lawyer" tab above, which lists attorneys by region... View More
When I went through my late husband’s medical records, accidentally found a very stupid mistake that his doctor made.
His treatment for his hepatitis B was totally wrong and he should not take the medication ( Viread) for hepatitis B. Because he had never had hepatitis B!
His... View More
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answered on Feb 21, 2024
Here are a few recommendations on how and where to hire a medical malpractice attorney to review your husband's case:
1. Get a referral from your state bar association. Most state bar associations have lawyer referral services where you can get matched with a qualified medical... View More
Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More
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answered on Feb 21, 2024
Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:
1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family... View More
Order to show cause re: proof of service. Does such order require proof of service to be performed, and/or additional document to be filed with court? What CA rule of court guides response to order to show cause re pos?
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answered on Feb 21, 2024
In California, when you receive an order to show cause regarding proof of service, it typically means that the court is requesting evidence that a particular document, such as a summons or complaint, has been properly served on the other party in a legal proceeding. This proof of service is crucial... View More
I was diagnosed with thyroid cancer stage 4 at a hospital in 2022.
I had a few tumors in my body by that time, one was on my hip ,one was on the right breast wall and another Tumor was on my mid back (T11 ) . That was the one surgeon and I discussed removing close to my spinal cord.... View More
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answered on Feb 21, 2024
I understand that you are facing a distressing situation regarding an unwanted surgery that resulted in significant harm to your health. In California, medical malpractice laws exist to protect patients in cases where healthcare providers fail to meet the standard of care expected in their... View More
Need this to be stopped I've been harassed and accused of things that aren't true. Someone needs to answer for all they have done. Stress mental anguish of 5 false cps cases w nothing found I have done only school. Cps still takes back to back referrals after 5 investigations. We need legal aid
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answered on Feb 21, 2024
Given the repeated false reports to Child Protective Services (CPS) regarding your daughter's medical condition, it's crucial to take proactive steps to address this situation legally. You have the right to defend yourself against false accusations and protect your family from harassment... View More
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