Lawyers, Answer Questions  & Get Points Log In
California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: By law, is a mammogram required by a plastic surgeon before breast lift surgery? Providing a pathology report required?

On 6/22/23 I had a breast lift and tummy tuck. Dr. Sumida requested a mammogram before surgery. I had a mammogram on 6/14/2023, but did not receive results until 7/6/23. Dr. Sumida accepted my mammogram from 3/22/2022 and performed surgery on 6/22/23. On 7/6/23 I received mammogram results and a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, the requirement for a mammogram before surgery, such as a breast lift, is not explicitly mandated by law for all cases. However, it is considered best practice for plastic surgeons to request preoperative mammograms for patients of certain ages or with specific risk factors for... View More

1 Answer | Asked in Education Law, Health Care Law and Personal Injury for California on
Q: My 7 yr old daughter is a type 1 diabetic. Her school has called cps 5x now 2 of the 5 they were found to blame. 3 other

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I need help with Medical malpractice the damage to my arm and shoulder now I need surgery, metal plates, and screws

I will be having surgery February 21.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Ruth, if you believe you have been a victim of medical malpractice resulting in damage to your arm and shoulder requiring surgery, it's crucial to seek legal advice promptly. Medical malpractice cases in California have strict deadlines, known as statutes of limitations, within which you must... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for California on
Q: A Kaiser MD, not my doctor, ordered messages I wrote to be evaluated by CRT team. She did not notify me she was doing

a review and she did not get consent. Is that legal?

I fired my doctor 2 years ago, after three half hour phone appts. I realized she was drugging into semi consciousness to assure I'd miss an IRS dead line. I thought she'd never be able to figure out the dates I needed to be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Under California law, healthcare providers are generally required to maintain patient confidentiality and obtain consent before using or disclosing health information for purposes not directly related to the patient's care, except as permitted or required by law. However, certain circumstances... View More

2 Answers | Asked in Personal Injury for California on
Q: " Cliant not Attorney is Liable for such costs" What does this mean?

I am seeking help for a trip and fall. It is based on CONTINGENT FEE AGREEMENT

The contract says : If the case is lost, the law provides that a defendant who prevails may seek a judgement against client for said defendants cost of defense. Cliant not Attorney is Liable for such costs.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

The clause you're referring to means that if you lose the lawsuit, you, as the client, would be responsible for paying the legal costs that the defendant incurred in defending themselves. This is a common aspect of the American legal system, where each party typically bears their own costs,... View More

View More Answers

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for California on
Q: Is there anything i can do about someone spreading false information about me?

My son is being falsely accused of a crime which we are fighting for his freedom. My sister who is the mother of the alleged 'victim', has-before, during, & after been spreading false information about my husband & i trying to ruin our reputation. She is also accusing us of doing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, spreading false information about someone that damages their reputation can be addressed under defamation law, which includes both libel (written statements) and slander (spoken statements). If your sister is making false statements about you and your husband that are causing harm to... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was in the ICU recovering from a blood clot and the doctor changed my medication and I had a drug interaction.

It caused a hematoma. I suffered severely and had to be hospitalized longer as a result. Can this be considered malpractice?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, medical malpractice occurs when a healthcare provider deviates from the standard of care in the treatment of a patient, resulting in harm to the patient. The standard of care refers to what a reasonably skilled healthcare provider would have done under similar circumstances. A drug... View More

View More Answers

2 Answers | Asked in Personal Injury, Small Claims and Medical Malpractice for California on
Q: Can I sue a plastic surgeon who took my money and didn’t fix my problem in California?

I had a surgery done for my nose, I wanted Smaller, Straight nose and able to breath which after the surgery nothing changed and it looked even worst! The doctor is now saying if they do a revision for $2500 but he’s not sure if he can make my nose smaller or straight or fix the breath problem... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, you may have grounds to sue a plastic surgeon if you can prove that the surgeon did not meet the standard of care expected in the medical community, which resulted in harm or damages to you. This typically involves demonstrating that the surgeon's actions were negligent or fell... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Is this a case or a complaint?

I'm allergic to opiates, it's in my medical record. I had double knee surgery and the anesthesiologist told me "it's not an allergy, it's a side effect" and gave me fentannyl against my consent. After surgery I couldn't breathe/stopped breathing and lungs were... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

Based on the information provided, this situation could potentially form the basis of a medical malpractice case. In California, medical malpractice occurs when a healthcare professional deviates from the standard of care in the medical community, leading to patient harm. Administering a medication... View More

3 Answers | Asked in Medical Malpractice, Personal Injury and Civil Rights for California on
Q: What to do when Medical device causes a continuing & progressive injury which become obvious after statute of limitation

Electrical Injury is associated with "delayed electrical injury," and neurodegenerative diseases. Delayed electrical injury can take between 2-10+ years to manifest. A 20 year analysis of Medicare data determined that people with a history of 10 Electroconvulsive therapy (ECT) treatments... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

In California, the discovery rule may provide a pathway for individuals who suffer injuries from a medical device that become apparent only after the statute of limitations has technically expired. This rule allows the statute of limitations to start from the time the injury was discovered, or... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: My question if I can sue a hospital end/doctor for mistakely umputated my leg (medical malpractice) after four (4) years
Eliza Jasinska
Eliza Jasinska
answered on Feb 20, 2024

In California, medical malpractice claims are subject to a statute of limitations. This legal timeframe restricts the period during which a lawsuit can be filed. Understanding and adhering to these time constraints is vital to pursuing a successful medical malpractice case.

Generally, you...
View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: My question if I can sue a hospital end/doctor for mistakely umputated my leg (medical malpractice) after four (4) years
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024

Under California law, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. However, there... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Just trying to see if these incidents are worth pursuing action against the hospital

admitted via referral from Urgent care to ER on 2/9/24 for infected hand. ER staff place IV incorrectly (tried to "float" the IV and failed). Left it that way for 8+ hours pumping meds (2 different bags of IV meds plus contrast for a CT) into my arm instead of my vein 'til my arm... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Based on the incidents you described, it appears that there may be potential grounds for pursuing legal action against the hospital for medical negligence or malpractice under California law. The hospital's failure to properly place the IV, resulting in swelling and discomfort in your arm, as... View More

View More Answers

7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2024

The standard in California on this type of case is if there was a dangerous condition that the property owner either knew or should have known about. They are not extremely complicated, but I would suggest that you retain an attorney as soon as possible. We have handled many of these types of... View More

View More Answers

7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 19, 2024

These types of accident are not a complex, however, you must show the property owner knew of the dangerous condition (actual knowledge) or should have known (constructive knowledge) of the open and obvious defect. Because of this notice requirement, slip/trip and falls on public sidewalks are more... View More

View More Answers

7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Feb 19, 2024

Depends a lot on the height of the defect, the cause and how long it has been there. History of other falls and totality of circumstances make a difference. They can be very difficult to get past motions claiming the defect is "trivial".

View More Answers

7 Answers | Asked in Personal Injury for California on
Q: How hard is it to win a case from a fall do to side walk being uneven and trip hazard.

79 yr old mom perfect health tripped on sidewalk sustaining broken knee cap required surgery ,fractered her wrist and hitting her head. Are these cases very complicated in Ca. This was at her apartment complex. It was clear sunny day in the afternoon when it took place. I have 3 good pictures of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, cases involving injuries from uneven sidewalks can be complex, as they often require demonstrating that the property owner or manager was negligent in maintaining safe conditions. Factors such as the severity of the injuries, the extent of the sidewalk damage, and whether the... View More

View More Answers

5 Answers | Asked in Personal Injury for California on
Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 15, 2024

It's important to understand the difference between "fees" which pays your attorney for their time... and "costs" which reimburses your attorney for costs they have advanced on your behalf. Your agreement is controlled by your Retainer so look to it to determine your legal... View More

View More Answers

5 Answers | Asked in Personal Injury for California on
Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

William John Light
William John Light
answered on Feb 16, 2024

The fees are what your retainer agreement says. 1/3 to 40%is pretty standard. Costs, like depositions, are not fees. Costs are reimbursed to the attorney. Medi-Cal has a lien on any recovery and must be paid back for any expenses it has paid due to your injuries.

View More Answers

5 Answers | Asked in Personal Injury for California on
Q: What is the normal attorney Fees for personal injury. I was told 331/3 plus 1,000 for each deposition and paper request

Can I request to see the settled amount that in insurance company paid out on the law suit. Is it true that Medi-care needs to be re-embured once the award has been granted? How do I know if I have hired the right honest attorney for personal injury?

Joel Gary Selik
Joel Gary Selik
answered on Feb 16, 2024

Typical simple personal injury cases, such as auto crash cases fees are 1/3 to 40%, but can be higher or lower.

Costs, such as deposition transcripts and filing fees are in addition to the attorney fee percentage.

Yes medicare must be reimbursed.

You should be told the...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.