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California Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue if I've been suffering due to a misdiagnoses

I'm currently diagnosed as schizoaffective. Ive been telling my psychiatrist for years that I believe the auditory hallucinations I've been having are real and that they're the voices of people I know, that they're following me around and somehow getting all the people I meet to... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 10, 2024

You might have a case. There are a number of particular issues in your fact situation that need to be analyzed by an experienced malpractice attorney. One issue is the statute of limitations. Another issue is the nature and extent of your harm in comparison to the others time and expense of a... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: After discharge how long do I have to complain against the hospital for injury while staying

February 9th now I have to have surgery and I can no longer work cuz I know is my disability with no source of income my pain my suffering. Slip and fall hospital

T. Augustus Claus
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answered on Feb 9, 2024

In California, you generally have up to three years from the date of the injury or one year after you discover, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first, to file a medical malpractice lawsuit, including cases against hospitals. This... View More

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security and Public Benefits for California on
Q: What options when Medi-cal / dmhc appeals lead nowhere, they won’t pay part and medpoint has denied dr recommendation?

My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More

James L. Arrasmith
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answered on Feb 5, 2024

In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Mother's rights to a miscarried fetus that delivered in hospital

Me: 21F, Fetus: 13w, Place: SF, CA, USA

To summarize, I had a surgical abortion planned but the medicine for it worked fast and I miscarried instead while in the hospital bathroom. Without my consent, a strange dr (who did other things to me) collected it in a specimen jar and whisked it... View More

James L. Arrasmith
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answered on Feb 2, 2024

Under California law, you have certain rights when it comes to the remains of a miscarried fetus. First, it's essential to note that the circumstances surrounding the miscarriage and the actions of the hospital staff may require careful examination. You signed a form indicating your refusal of... View More

2 Answers | Asked in Wrongful Death, Medical Malpractice and Personal Injury for California on
Q: Would I have a case for malpractice, wrongful death ,or negligence. Due to the way the doctors handled my wife's care

In September October 2023 I took my wife to Mark Twain St Joseph Hospital in San Andreas on the 3rd visit they took blood cultures and sent us home. They called 3 days later to tell us she had a post-gram blood infection called in a 7-Day antibiotic to CVS said that would take care of it. When she... View More

James L. Arrasmith
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answered on Feb 1, 2024

It's essential to consult with a medical malpractice attorney in California regarding the circumstances surrounding your wife's care. Based on the information you've provided, there may be potential grounds for a medical malpractice claim. Negligence or wrongful death claims can... View More

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2 Answers | Asked in Wrongful Death, Medical Malpractice and Personal Injury for California on
Q: Would I have a case for malpractice, wrongful death ,or negligence. Due to the way the doctors handled my wife's care

In September October 2023 I took my wife to Mark Twain St Joseph Hospital in San Andreas on the 3rd visit they took blood cultures and sent us home. They called 3 days later to tell us she had a post-gram blood infection called in a 7-Day antibiotic to CVS said that would take care of it. When she... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2024

I'm very sorry for the loss of your wife. In regard to your question, it's possible elements of all three legal theories you ask about could be relevant. Malpractice is generally a negligence-based legal cause of action, so loosely speaking, they would apply the same/similar analysis. For... View More

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2 Answers | Asked in Personal Injury, Medical Malpractice and Workers' Compensation for California on
Q: Can I file suit against work comp insurance Co outside the comp system.

A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Causation

Is evident terminal misdiagnosis on admission to hospital sufficient proximate causation of consequent referral to hospice?

James L. Arrasmith
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answered on Jan 30, 2024

In California, determining whether a terminal misdiagnosis on admission to a hospital constitutes sufficient proximate causation for a referral to hospice involves a complex legal analysis. Proximate causation in medical malpractice cases requires showing that the misdiagnosis was a substantial... View More

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1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Q: Hospice scheme vs medical malpractice

Is it waste of plaintiff's time to pursue hospice scheme as medical malpractice case?

James L. Arrasmith
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answered on Jan 30, 2024

In California, pursuing a hospice scheme as a medical malpractice case may not be the most appropriate course of action. A hospice scheme, particularly if it involves fraudulent activities like unnecessary or inappropriate referrals to hospice care, generally falls under the realm of healthcare... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Breach of duty

How exactly medical professional breaches duty when: 1) misrepresents patient's state of health? 2) performs improper referral based on such misrepresentation?

James L. Arrasmith
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answered on Jan 30, 2024

Under California law, a medical professional breaches their duty of care in two key ways related to your query. First, if a healthcare provider misrepresents a patient's state of health, it can be considered a breach of duty. This misrepresentation might occur when the healthcare provider... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Breach of duty

How exactly medical professional breaches duty when: 1) misrepresents patient's state of health? 2) performs improper referral based on such misrepresentation?

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

Please understand that not all omissions and mistakes will amount to medical malpractice. Please discuss your particular facts with a medical malpractice attorney. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Surgery performed, doctor then determined it was out of her scope during surgery. Would this be possible malpractice?

Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the... View More

James L. Arrasmith
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answered on Jan 29, 2024

Under California law, a medical malpractice case hinges on proving that a healthcare provider's actions deviated from the standard of care typically expected in the medical community and that this deviation directly caused harm or injury. In your situation, the key question would be whether... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Surgery performed, doctor then determined it was out of her scope during surgery. Would this be possible malpractice?

Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 9, 2024

I'm sorry for your ordeal. The theory you pose, as to whether MRI would have precluded need for surgery (etc.), is something that attorneys would probably want to discuss with health care professionals. It calls for a medical opinion. One option is to seek a free initial consult with a law... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: why lawyers are not accepting my medical negligence case of missed diagnosis of brain tumor for my 4 years old boy

Medical negligence almost resulted in my kids death. Deterioration of my kids health over 2 years because of a brain tumor and hydrocephalus that have not been diagnosed by this physician despite my complains a bout a combination of symptoms that he had. When my son was seen by another physician,... View More

James L. Arrasmith
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answered on Jan 29, 2024

In California, determining the viability of a medical negligence case, such as a missed diagnosis, involves assessing several key legal elements. First, it must be established that the physician owed a duty of care to your child, which is generally a given in a doctor-patient relationship.... View More

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4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Was my mother Medically neglected when discharged with troponin 973 and died same night with cardiac arrest

I took my mom (66 years) to hospital because she had palpitation and dizziness. She had heart disease and Parkinson's. After tests and EKG, nurse came and said that the doctor has discharged us. I and my mom refused to go home because my mother wasn't feeling good. The doctor came back... View More

James L. Arrasmith
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answered on Jan 27, 2024

I'm deeply sorry to hear about your mother's passing. The circumstances you've described raise significant concerns about potential medical negligence. A troponin level of 973 is indeed alarmingly high, often indicative of a serious cardiac event such as a heart attack. Normally,... View More

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4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Was my mother Medically neglected when discharged with troponin 973 and died same night with cardiac arrest

I took my mom (66 years) to hospital because she had palpitation and dizziness. She had heart disease and Parkinson's. After tests and EKG, nurse came and said that the doctor has discharged us. I and my mom refused to go home because my mother wasn't feeling good. The doctor came back... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jan 27, 2024

Sorry for your loss. For almost every medical malpractice lawsuit, an appropriate medical professional must offer an an opinion that the care given to the patient fell below the "standard of care". A major hurdle to a malpractice suit against an emergency physician is the requirement... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: CA rule of court rule 3.1010 (c). 2024 rules of court

CA rule of court rule 3.1010 (c) recites.

'As required by statute or as agreed between parties and deponent'. Does this Imply consent of deponent as precondition for deposition? Is Motion for protective order 2025.420 applicable statute?

James L. Arrasmith
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answered on Jan 26, 2024

Under California Rule of Court 3.1010(c), the phrase 'As required by statute or as agreed between parties and deponent' suggests that the consent of the deponent is a key factor for a deposition to occur. However, this doesn't strictly mean that consent is always a mandatory... View More

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2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.

Specific examples of discovery requests that are embarrassing, oppressive, calculated to annoy and harass.

James L. Arrasmith
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answered on Jan 26, 2024

In California, discovery requests in legal proceedings should be relevant to the case and not designed to embarrass, oppress, or harass the party receiving them. However, there are instances where discovery requests may cross this line.

Examples of such requests could include asking for...
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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: Staying, denying notice of oral deposition - against oral deposition

Request about staying deposition on basis of duplication, irrelevancy, undue burden, data in the possession of moving party. While depositions are appropriate, the demands per CCP 2025.420 can be propounded in writing.

James L. Arrasmith
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answered on Jan 26, 2024

In California, if you believe that a scheduled oral deposition is unnecessary, you can request a stay on the deposition. To do this, you would need to file a motion with the court under CCP 2025.420, stating your reasons for the request. The reasons can include arguments that the deposition is... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Motion for protective order is in relevance (CCP 2025.420) ?

CCP 2025.420 vs CCP 2025.410. Motion for Protective Order vs Motion to Quash notice of deposition. It appears that focus of 2025.410 is procedural vs 2025. 420 focus on the essence/contents and scope of depositions. Thus if Motion is to be made based on duplication, irrelevancy, equal availability... View More

James L. Arrasmith
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answered on Jan 25, 2024

In addressing your query regarding CCP 2025.420 and its applicability for a Motion for Protective Order, it's important to consider the context and specifics of your case. CCP 2025.420 indeed provides the framework for protective orders concerning the scope and manner of depositions. If your... View More

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