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California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Would I be eligible for a statute of limitations waiver?

In 1997, I was given an unnecessary, epidural steroid injection by a Kaiser doctor, they made a mistake, and it ended up causing adhesive arachnoiditis. Unfortunately, I didn’t know that for a long time, I didn’t actually get diagnosed for 20 years. When I was still 16 or 17, we ended up going... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the statute of limitations for medical malpractice claims 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, for minors under the... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What CA rule of court guides response to order to show cause re pos?

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

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: I was be giving an Unwanted Unneeded surgery without INFORMING me Pre- surgery at a hospital ? I need HELP

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

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury, Family Law, Civil Rights and White Collar Crime for California on
Q: What and how to file section 1983 and 1985 in Federal Court under both 1331 and 1332. Deprivation of rights with injury?

What and how to file a lawsuit complaint of deprivation of civil rights that has resulted in trauma, loss of years of parenting time, defamation and more. It all started with falsified police reports with intent to harm my case, then the opposing attorney will use those same falsified reports... View More

James L. Arrasmith
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answered on Feb 21, 2024

To initiate a lawsuit under Sections 1983 and 1985 in Federal Court, alleging deprivation of civil rights with accompanying injuries, you'll need to draft and file a complaint that articulates the specific ways in which your rights were violated. Section 1983 claims typically involve the... View More

2 Answers | Asked in Civil Rights, Family Law and Personal Injury for California on
Q: Section 1983. Deprivation of civil rights. Sue the police, judges/court and others individually or just sue The State?

Regarding a family case. Falsified police reports, opposing attorney deprives me of response and he claims all kinds of nonesense like asking me political questions, asking me about my citizenship, I have never refused mediation but they claim its inappropriate or I refused or Mediator can't... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under Section 1983 of the United States Code, individuals can file lawsuits against state actors, including police officers, judges, and other officials, for the deprivation of civil rights under color of state law. It's crucial to understand that while you can sue these individuals for... View More

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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
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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
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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

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
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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
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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
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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

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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
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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

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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
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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

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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?

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

I'm sorry for your ordeal. The most reliable way to answer your question would probably be to arrange a brief consult with a law firm. If attorneys felt you might have a basis for a case, they could retrieve your records and review with a health care professional. Law firms that handle such... View More

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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

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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

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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

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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

4 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

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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

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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
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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

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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...
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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
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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

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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
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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

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