Get free answers to your Legal Malpractice legal questions from lawyers in your area.
I am deeply dissatisfied with the legal services provided by my Attorney
* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More 
answered on Sep 18, 2024
One option is to discuss the file with a different attorney. In most situations, clients are free to discharge their attorneys, and vice-versa, attorneys are free to withdraw from representing a client (barring certain situations, such as looming statutes of limitations, etc.). It's possible... View More
I am deeply dissatisfied with the legal services provided by my Attorney
* Failure to Communicate: has consistently failed to communicate with me about my case. They have not responded to my emails, phone calls, or letters. This lack of communication has caused significant stress and... View More
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answered on Sep 8, 2024
This is a poor situation to be in. No doubt anybody who has had a good attorney represent them, has had disagreements and squabbles with their lawyer. But in your situation it appears you have both a bad lawyer (presumably) and a selfish person. The proper means of following the California... View More
My daughter lawyer works for a law firm. The firm is listed on her complaint but the lawyer representing her didnt say she is the attorney of record….She only say “I am a attorney for— then she say her law firm” She never say appearing on behalf or for my daughter (plaintiff), no notice of... View More
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answered on Jul 26, 2024
In California, an attorney must formally appear before the court on behalf of a client to represent them in a legal matter. Typically, this involves filing a Notice of Appearance with the court, stating that the attorney or law firm is representing the client in the case. This notice helps ensure... View More
I filed a lawsuit against my former attorney for professional negligence: misconduct and malpractice. He dismissed, withdrew, and continued my case without notifying me or obtaining my permission. He neglected to prepare for my hearing and trial, which ultimately resulted in my case being lost.... View More
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answered on Jul 24, 2024
Under California law, the statute of limitations for legal malpractice typically is one year from the date you discovered or should have discovered the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. In cases where the attorney's... View More
If in interrogatory plaintiff was not specific in definition of identity characteristics, what credible information about identities inquired
defendant has to provide?
Unless objection to interrogatory without any information is deemed acceptable.
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answered on Jun 30, 2024
To answer this question, let's break down the key elements and consider the legal requirements for responding to interrogatories in California:
1. Interrogatory definition: If the plaintiff did not provide a specific definition of "identity characteristics" in their... View More
On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More
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answered on Jun 29, 2024
I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:
1. Compromise and Release (C&R) agreements:
A C&R is a final settlement of a workers' compensation claim.... View More
I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?
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answered on Jun 21, 2024
To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More
Consult in Boston and different Abott Rep notified. Me and pain doc of huge Neurosurgeon errors. Nurse of 40. Yrs. Mgh md stated this DRG may never be removed, much more dire issued
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answered on Jun 21, 2024
I understand you're looking to research errors related to the insertion of a dorsal root ganglion (DRG) stimulator by a neurosurgeon, which led to a sentinel event. This is a complex medical and legal situation. Here's some guidance on researching this topic:
1. Medical... View More
According to him, he stopped working my case 10 days ago, refuses to talk or responds to emails. He is betting on me accepting last minute and isn’t preparing for trial. He won’t answer my questions to get prepared, is mad that I asked for accounting info and he’s withholding info. What are... View More
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answered on Jun 20, 2024
Based on the situation you've described, you have several potential options, but you need to act quickly given the upcoming trial. Here are some steps you might consider:
1. File a complaint with the California State Bar:
You can file a complaint against your lawyer for... View More
How to obtain from defendant hospital verifiable information of other patients with the same unenforceable waiver for authorization to release records in conditions of admission to hospital, record of terminal disease, single, and discharged to b&c facility from hospital?
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answered on Jun 20, 2024
To obtain verifiable information about other patients with similar characteristics from the defendant hospital, you need to file a formal request for discovery during the litigation process. This request can include a demand for documents and records that match the criteria you described. Be... View More
Both cases
Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725,
And Rico v. Mitsubishi Motors Corp. (2007) 42 Cal.4th 807
Do not have any reference to requirement for in camera review of motion to compel further with privilege log.
Motion to compel... View More
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answered on Jun 19, 2024
To find court cases in California, start by visiting the California Courts website. This site offers access to a wide range of legal resources, including the ability to search for specific cases by name, case number, or keywords. You can also look for recent opinions from the California Supreme... View More
Upon response of defense to discovery requests, with demand of privilege log.
Is plaintiff required to request in camera review of privilege log, in addition to hearing on motion to compel further responses with enclosed privilege log.
Why additional motion for order to disclose... View More
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answered on Jun 19, 2024
Under California law, handling a privilege log and compelling further responses involves several steps, guided by case law and statutory provisions. When the defense asserts privilege in response to discovery requests, they must provide a detailed privilege log as outlined in the California Code of... View More
actual hospice fraud was chain of actions by provider, hospital, and undisclosed likely third party.
Actions include non-existent terminal diagnosis, unauthorized disclosure of records to undisclosed party.
How defendant hospital will prove unintentional chain of unfortunate... View More
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answered on Jun 19, 2024
This situation involving potential hospice fraud in Los Angeles raises several complex legal issues. Based on the details provided, here are a few key considerations:
Proving Unintentional Acts: The hospital will likely try to argue that the chain of events, while unfortunate, was... View More
What is difference between presumption and indirect evidence?
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answered on Jun 19, 2024
The main difference between a presumption and indirect evidence is as follows:
Presumption: A presumption is a legal inference that must be made by a court under certain circumstances. If a party establishes certain facts, the court must draw a particular conclusion (the presumption),... View More
What statute or rule of court define 'identity' - discoverable data attributes of hospital service provider?
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answered on Jun 19, 2024
To answer your question about what statutes or court rules define the discoverable data attributes of a hospital service provider's identity in California, the key rules to look at are:
California Code of Civil Procedure (CCP) Sections 2017.010-2017.740 - These code sections govern... View More
How plaintiff can bring to court's attention specific issues of improper responses by defense: 'last known phone number and email of hospital provider as identity', response to 'produce person for deposition, instead of disclosing identity'?
Will OIG accept similar... View More
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answered on Jun 19, 2024
In this situation, it seems the defense is not providing proper responses to the plaintiff's discovery requests in a case involving hospice fraud in Los Angeles, CA. Here are a few ways the plaintiff can bring these issues to the court's attention and thoughts on how the Office of... View More
How usually identity characteristics are specified as to section 2017.010?
Is license ID and dates of affiliation fall under definition of disclosure of non-privileged identity data?
What enables defendant to provide absurd responses to request for identity, such as last known email... View More
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answered on Jun 19, 2024
Section 2017.010 of the California Code of Civil Procedure deals with the scope of discovery in civil cases. It states that unless otherwise limited by a court order, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending... View More
How plaintiff can discover why plaintiff's conditions of admission to hospital included absurdly broad unenforceable waiver for authorization to release records? How to realistically discover if such conditions of admission were standards, or tailored based on some criteria?
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answered on Jun 19, 2024
To determine whether the conditions of admission with the broad waiver for authorization to release records were standard or tailored, you could take the following steps:
1. Request your medical records: Under the Health Insurance Portability and Accountability Act (HIPAA), you have the... View More
Do I understand correctly:
Unless plaintiff proactively demanded privilege log in the past:
any improper claims of privilege in defendant's responses that were made
In the past cannot be confronted?
Only after plaintiff propounds next set of discovery with... View More
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answered on Jun 19, 2024
In California, if a party objects to a discovery request based on privilege, they are generally required to provide a privilege log that identifies the documents being withheld and the basis for the privilege claim. This is outlined in California Code of Civil Procedure Section 2031.240(c)(1) for... View More
1. What statute or rule define
that person's professional license ID, degree, dates of employment with hospital is discoverable?
2. If interrogatory for such data is objected by defendant, and SI is not subject to privilege log;
What plaintiff's steps should be... View More
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answered on Jun 19, 2024
The discoverability of a person's professional license ID, degree, and dates of employment with a hospital in California is governed by the California Code of Civil Procedure (CCP) and the California Evidence Code (EC). Here are the steps a plaintiff can take to pursue this information:... View More
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