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California Medical Malpractice Questions & Answers
1 Answer | Asked in Car Accidents, Medical Malpractice and Personal Injury for California on
Q: Do I have a mal practice case or should I just give up? They changed things to My medical history.was in auto accident.

I was injured on 4/18/2021 I was on light duty untill 06/22/2021. My doctor wanted me to go back to work and see if there was any pain. I had severe pain. On 07/03/2021 they gave me a X-ray to confirm nothing was broken. Then told me to try and work through it and if it still resumed we would go... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 28, 2022

NOT SURE IF IT IS MED MALPRACTICE.......BUT SOUNDS LIKE THEY WERE NEGLIGENT IN THE WAY THEY KEPT RECORDS.

CONTACT A MED MAL LAWYER IN YOUR COMMUNITY AND RELAY ALL THIS INFO TO HIM/HER.

MOST LAWYERS I KNOW WILL NOT TAKE A MED MAL CASE WORTH LESS THAN $1M AND I SUSPECT THAT INCLUDES...
Read more »

Q: Why is my settlement agreement form taking so long?

I’m beginning to get so frustrated with my lawyer and I was hoping one of you can shed some light on what may be happening since this is my first lawsuit/settlement.

I was part of a major class action that I opted out of and sued on my own with my own attorney. After over a year, we... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2022

You frustration is perfectly understandable. Your attorney may be frustrated also. Unfortunately, this sort of thing happens in cases all the time. You might want to discuss with your lawyer giving the opposing side a deadline to complete or otherwise there is no settlement.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I was sexually assaulted years ago I've been to a county Vista del Mar mental health unit

Who do I contact about being sexually assaulted and and Vista del Marand Ventura counties psychiatric hospital I was there for suicidal thoughts and I was sexually assaulted and left untreated even worse

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 15, 2022

Contact a personal injury attorney right away. There is a time limit to make your legal claims, and the longer you wait the more likely it will be that you may lose your right to seek legal remedy for this heinous crime.

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1 Answer | Asked in Medical Malpractice, Personal Injury, Wrongful Death and Health Care Law for California on
Q: Can I file a person injury case against Kaiser for not doing what they were supposed to

My dad was on hospice in Kaiser they were supposed to informed me when my dad got worse for we can say our goodbyes n they didn’t the day he died they had a meeting had him sign papers I had no idea that was going on I told them not to have a meeting unless I was informed because he was on... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 28, 2022

You should immediately talk to a personal injury attorney who also handles medical malpractice. There are very strict timelines that you must not violate so you should talk to someone right away or you could lose the chance to do something.

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can i sue a doctor for giving a 3rd party a letter saying my grandpa was not able to run his finance.

My grandpa was old not brain dead. Medical records say different. I dont no why she would say that. No special test waS perform. Why she say that

Dale S. Gribow
Dale S. Gribow
answered on May 26, 2022

Maybe?

More info is needed.

Did he see a lawyer for estate planning ?

Have issue signing something and there was an issue of competency to enter into a contract…

Did you have POA?

Were you Trustee?

I would think his wife or children would be in a better position than you.

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue an occupational medical clinic for incorrect diagnosis/neglecting imaging findings?

I suffered a work injury that has recently settled with employer and insurance. I had an ankle injury which had MRI’s showing a sprain and osteochondral lesion of talus. Dr.’s at clinic ignored lesion and kept diagnosing my injury as “sprain”. After year and half, I saw an independent State... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 20, 2022

you can always sue anyone for anything.

the issue is will you win?

sounds like negligence if you are within the statute of limitations.

call a negligence lawyer in your area asap.............

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: unfair dental program

i had applied for a program to help domestic violence victims get dental work done that were caused by thier abuser, i was accepted, i went to the dentest for a Consultation and a few weeks later i receved a call saying the were going to do a full mouth restore, i agreed and they started the work... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 14, 2022

Dental malpractice is the most difficult of all malpractice cases.

you will probably have a hard time finding a lawyer to accept your case without the necessary evidence. Is there a written agreement of what they were to do?

find the agreement!

Your worst-case scenario is...
Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I went to the dentist today and he ripped Out a piercing that was in my mouth ( smiley piercing). Is it possible to sue

If so how would I go about that

Dale S. Gribow
Dale S. Gribow
answered on May 12, 2022

U can always sue anyone for anything.

The issue is will you find a lawyer on a contingency? My guess is no.

Dental malpractice is the hardest and will will case enough value to invest time and money.

My guess is no.

Remember you can always sue in small claims for up to 10k

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I sue a dentist

Can I sue a dentist who said they were going to do a full mouth restore. He pulled all my bottom teeth and then ogave Me dentures that I can't wear because I don't have enough bone to hold them in

James G. Perry
James G. Perry
answered on May 12, 2022

I’m sorry to hear you went through this. The answer to your question is yes, you can potentially sue for damages. Of course this will depend on the facts of your situation, but medical professionals are generally held to a duty to exercise the same care and expertise as a reasonable professional... Read more »

1 Answer | Asked in Criminal Law, Medical Malpractice and Probate for California on
Q: Hello I was hoping to get some help in regards to my fiance who is currently locked up in Yolo county wdld ca

I'm looking for a criminal pro bono attorney in regards to my fiance getting released from yellow county detention center in Woodland California he has brain injury and a lot of health problems and doesn't remember anything especially his case that he's dealing with and I would like... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 4, 2022

You need a local lawyer.i'm in Palm Springs…

4 Answers | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: if somebody was admitted to a hospital and woke up being sexually assaulted. what are some legal steps to take?

Somebody (obviously won't name) was in the hospital who was on a few different medications and out of it for awhile, woke up to a male nurse sexually assaulting her. The victim told a different nurse and the director came and took a statement from her. And that was it. The victim then wanted... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Apr 26, 2022

Hi,

I am so sorry . That sounds horrible. Here's some steps to take.

1) Support the victim as much as you can. She's fragile and needs emotional support.

2) Contact a doctor for testing.

3) Contact Social Services and request a social worker.

4)...
Read more »

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2 Answers | Asked in Personal Injury, Products Liability, Medical Malpractice and Wrongful Death for California on
Q: Paralyzed by lumbar fusion surgery,aorta cut,renal artery severed,metal cage on iliac artery can kill me any moment hel

DAMAGES TO PATIENT 

1.The surgeon was not prepared for her anatomy and could not individualize approach

2.Patient did not know and was not given informed consent to the procedure or the risk she would incur. ... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 24, 2022

CONTACT A MED MALPRACTICE LAWYER ASAP...

LET HIM OR HER SPEND THEIR TIME GATHERING THE EVIDENCE TO WHICH YOU ALLUDE.

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1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue for a doctor intentionally severing my laryngeal nerve causing paralysis of my vocal cord during surgery?

I had a hemithyroidectomy recently at initial visit doctor said he wasn't going to touch the right side of my thyroid because he knew there would be scar tissue from a prior surgery 30 years ago. However, the operative report, states he opened the right side and tried to dissect it with no... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2022

A California attorney could advise best, but your question remains open for four weeks. I'm very sorry for your ordeal here and the severing your laryngeal nerve. Unfortunately, it would be difficult for an attorney to answer your question. This is not to be evasive to the question, but... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sell medical data if I get permission from individuals? If so, what authorization is required?

I work in Lead Generation. I want to start generating medical leads from individual users (we run surveys and such) and give it to advertisers (insurance companies and law firms and other business entities) for monetary gain. Would this violate any laws or would I need some sort of authorization?... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2022

This is something that a California attorney must advise on, but your question remains open for a month. One of the leading laws in the area of patient information privacy is the Health Insurance Portability and Accountability Act, more commonly known as "HIPAA." But HIPAA is only one... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: My wife was diagnosed with having gallstones. She suffered for months in pain. She never had gallstones. She had cance.

The doctor never ran an MRI, catscan, xray to prove gallstones. My wife had to wait for weeks, months in pain. My wife never had gallstones. It was now too late for her and now she passed away within a week of the diagnosis. My wife left a husband and her 6 year old daughter.

Do I have a... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Mar 30, 2022

If things happened as you described it here, then yes, I would agree with your assessment that you have a basis for a malpractice lawsuit. I see failure to diagnose a condition that then went untreated that ultimately led to your wife's death from the undiagnosed and untreated condition. You... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Q: i want to know if i have a case i was traumatized and experienced extreme stress and pain risked my babys life and mine

i told them several times begging for help that my baby was coming out never believed me and proceeded to waist valuable time life or death situation still didn’t believe me and just proceeded with their routine procedures till the end that i had to force someone to literally touch my body and... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2022

A California attorney could advise best, but your question remains open for a month. At this point, you could reach out to attorneys to discuss in more detail. Aside from your own searches for attorneys or the resources of the State Bar of California, there is a tab above, Find-a-Lawyer. Good luck

1 Answer | Asked in Medical Malpractice for California on
Q: I was declined to give me colonoscopy when I asked her for it twice after I consulted her with my underlying symptoms,

Which includes blood in the bowel back in January and March, 2021. Then in Mid June, 2021 I was diagnosed with Stage 3 Metastatic Colon Cancer that originated from a polyp that could have been removed from a colonoscopy procedure before it turned into cancer.

Eliza Jasinska
Eliza Jasinska
answered on Mar 23, 2022

Please discuss your case with the attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify that the healthcare... Read more »

4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal options for tort claim against unauthorized medical records release

I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Mar 10, 2022

It is a CRIME to (1) Forge then (2) violate HIPAA limitations, and proof of a crime can serve as proof of Duty and Breach; so you might want to start your Tort prosecution by getting the tortfeasors prosecuted by the local District Attorney. A HIPAA Complaint can be filed with the federal... Read more »

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1 Answer | Asked in Medical Malpractice for California on
Q: Is this malpractice?

Uncle passed due to heart attack. He did not have his high blood pressure medicine. His primary care doctor at Kaiser retired and was in the midst of refilling his prescription. He was unable to fill it and passed shortly.

Eliza Jasinska
Eliza Jasinska
answered on Mar 6, 2022

There are many kinds of medical malpractice cases and each one requires a specialist to evaluate facts and applicable law. If your loved one was injured while receiving care from a medical professional, please contact medical malpractice attorney immediately for a free evaluation.

Some of...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Vaccine that was an FDA approved and now I have narcolepsy with cataplexy

I’m sorry wasn’t FDA approved I do have a doctors letter he’s a world specialist of my condition and it states it in the letter I’ve tried to contact the pharmaceutical to get the ingredients and they’re blaming it on another pharmaceutical nobody will talk to me to give me the... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 4, 2022

If you feel they are related you will need a doctor who agrees and can be your expert. Very high hurdle to achieve. Contact some local personal injury attorneys to see if they think you have a case. You should probably contact the bigger firms that go after big Pharma.

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