Lawyers, Answer Questions  & Get Points Log In
California Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: Husband had a heart stent place but wasn't told he had a tear in the artery or the tear was done when the stent was

place when he went home and went to another doctor they saw on the disc the tear from the doctor that place the stent. Would that be medical neglience or malpractice. He had emergency open heart surgery after several complications

Tim Akpinar
Tim Akpinar answered on Nov 24, 2019

It's possible it could be. You could arrange a consultation with a med mal attorney in California. Many offer free initial consults. If the law firm felt that there could be the basis for a case, they would request your medical history and surgery records and review them with a medical... Read more »

2 Answers | Asked in Criminal Law, Medical Malpractice and Personal Injury for California on
Q: My situation doesnt have damages to pursue a malpractice suit. Was there willful negligence? Criminal act?

I asked a surgeon to inject dermal filler into my lips. He proceeded to do eight rapid stabs in the area around my lips. Nothing was injected, nothing as viscous as filler could have been injected through a small gauge needle that fast. Its just not how dermal fillers are injected. After he walked... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 21, 2019

MORE INFO NEEDED.

HOW WAS IT BEING BILLED?

EITHER WAY ARGUABLY FRAUD OR INSURANCE FRAUD, AND HE CAN BE PROSECUTED CRIMINALLY.

THE PROBLEM IS THAT A LAWYER WOULD PROBABLY NOT HANDLE THIS ON A CONTINGENCY AND THUS YOU WOULD HAVE TO COME UP WITH A RETAINER.

THE MEDICAL...
Read more »

View More Answers

1 Answer | Asked in Medical Malpractice for California on
Q: If I am not a licensed psychologist, can I still say "I am a therapist"?

Specifically "I am a therapist" not "I am a psychologist".

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 20, 2019

First thing, if you are not an MD do not hold yourself out to being one, directly or indirectly. For instance "psychiatrist" suggests a medical license. There are a number of paramedical professionals with degrees . You do not want to be confused for claiming a degree or license that you do not... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Husband received a heart stent but never was told he had a tear in his artery and needed open heart surgery not a stent

Don't know if the tear was a result of the stent placement.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

I'm not sure that there is a question. You have this posted in medical malpractice, until you have a second medical opinion, you aren't going to have any basis to know whether there was any malpractice at all. Doctors cannot guarantee perfect outcomes or perfect performance, but they do have to... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Are made to move off freeway during a blowout of tire when you're already in the emergency lane by an highwa patrol.
Louis George Fazzi
Louis George Fazzi answered on Nov 1, 2019

Forgive me, but your question makes no sense to me. You need to provide a lot more details about what happened to you.

View More Answers

1 Answer | Asked in Medical Malpractice, Employment Law and Health Care Law for California on
Q: I was diagnosed to have chronic pain syndrome. My injury has turned out that I have a pinched nerve in my wrist.

This injury is work related and it happened February 26 2017.I was injured at work and already settled with workers compensation this year. I've seen 3 physical therapist none came to this conclusion to check for a nerve damage test what do i do?

Neil Pedersen
Neil Pedersen answered on Oct 16, 2019

Immediately go back to your workers compensation attorney that you had for your prior claim. Tell them about the new diagnosis.

You are going to be limited to recovering through that process from your employer, so your only possible remedy will come from reopening your claim, it that is...
Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it mandatory that a autopsy be performed if someone passes away less than 24 hours from a hip fracuture sugery
William John Light
William John Light answered on Aug 7, 2019

ANSWER: Depends. The body might not even be in the coroner’s custody within 24 hours of death.

For an infant, autopsies are supposed to be completed in 24 hours. Government Code § 27491.41.

For all deaths, if the coroner is informed that a a certificate of religious belief was...
Read more »

View More Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can I sue?

So I had a bowel obstruction in my last month of pregnancy. This happened a year ago. I went to the emergency room multiple times and saw multiple different doctors who all thought I was lieing about not going to the bathroom for 3 weeks. I told them I cant go on my own but every time it was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 24, 2019

I'm sorry for your ordeal. It's likely that a California medical malpractice attorney would want to retrieve and review your medical records in detail. Since many offer free initial consultations, you could contact a law office to discuss the matter further. You would need to discuss payment... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Medical Malpractice for California on
Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?

I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Go get your $300 back.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: My 18-yo son may have been hurt by a research study. Does the institution have any responsibility for his med care?

We are in California. As part of a study on treating youth with growth issues, my son was given meds typically used by breast cancer patients. He was on the meds for approx 2 years. 2 years later he developed Spondyloarthritis and faces a lifetime of issues with his hips and back. We have reason to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 2, 2019

much more info needed.

With law you have to prove your allegations. When you have proof, even then a judge or jury may not agree or there might be a statute of limitations issue.

There is also the issue of what agreement you signed since it was experimental.

this is not the...
Read more »

2 Answers | Asked in Medical Malpractice for California on
Q: What is the process to delete the medical records from a specific facility?

I suffered a TBI. I am in civil litigation. I have a Neurologist and Primary. I've had a neuropsychology evaluation. Recently I reached out to the county mental health from the anxiety and they referred me to a facility called Momentum. I specifically asked for a Psychologist who has TBI specialty.... Read more »

William John Light
William John Light answered on Jun 25, 2019

There is no such process of which I am aware. You have a right to add a note to your records. You have a right to file a complain with the Board of whatever license the clinician had. You have a right to move to exclude evidence of the diagnosis at trial and/or to impeach the clinician under... Read more »

View More Answers

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I am in search of someone that can help me obtain the medical records of my deceased wife. I believe she died unjustly.

I believe that the doctor (s) in charge let her pass by stopping her CPR treatment. I know there is a term for it - slow something or other.

William John Light
William John Light answered on Jun 12, 2019

You can go to the medical records department of the hospital, assuming that is where she was, and fill out the form to request the records. Make sure that you check all of the boxes for every different type of record (progress notes, nurses notes, physicians order, medication administration,... Read more »

View More Answers

2 Answers | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for California on
Q: its regarding patient care , hospital already compensating for property being lost, but can i go with medical claim too

passed away person phone is at hand with sighs of unfair treatment

William John Light
William John Light answered on May 14, 2019

There aren't any facts in your post to evaluate whether a malpractice claim is even possible. You will need to contact a malpractice attorney to discuss this in detail. Such claims cannot be evaluated over the internet.

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Medical Malpractice for California on
Q: I been implated with several nano & microchip devices in my head and eyes by ceder sinai without knowledge or consent.

I have proof and the microchip in my head is an antenna that works as a receiver for the nearest transmission towers witch is bringing a microwave radio signal to my ears and all i hear is harassment, insults, death threats 24\7 its been making me sick and its very painful and it made me cry... Read more »

William John Light
William John Light answered on May 2, 2019

Your psychiatrist has medications that stop the microwave radio signals.

4 Answers | Asked in Medical Malpractice for California on
Q: 1st workers comp Dr never set my broken finger and I saw him twice for a total of 3 minutes. After a month I saw 2nd Dr

The 2nd Dr has to break and reset my knuckle and finger because it healed in the wrong position. Do I have a malpractice case against the 1st Dr

Ronald Mahurin
Ronald Mahurin answered on Apr 25, 2019

Malpractice is distinct from workers compensation. You must speak with a different type of attorney. I suggest you contact the local bar association. Medical malpractice is a very complex field and most likely, given the nature of your injury, you will have a difficult time finding an attorney... Read more »

View More Answers

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: can I sue for medical malpractice a wound that won't heal due to the negligence of hospital staff over 40 years ago?

1977 at age 17, i was in a motorcycle accident and suffered several injuries. i was in traction & a sponge was placed under the bracket that rested on my shin & never was checked or changed for at least 10-12 months while i was in traction. when they finally removed the traction, they noticed the... Read more »

William John Light
William John Light answered on Apr 15, 2019

You are well past the statute of limitations for something that happened 40 years ago. In California, a medical malpractice lawsuit must be filed no later than three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have... Read more »

View More Answers

2 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me

then had an emergency procedure at sutter they gave me medicence i am allergic to, they strapped me in bed have pix to show bruises. how does hospital not give me my own files?? how they give me wrong medicene, both uc davis who deformed me n refuse me my paperwork, and sutter which give me... Read more »

William John Light
William John Light answered on Mar 26, 2019

You are entitled to your medical records. You are not entitled to the internal investigation.

View More Answers

1 Answer | Asked in Medical Malpractice for California on
Q: If you tell a doctor you think they overlooked a medical condition what should they do.
Tim Akpinar
Tim Akpinar answered on Feb 14, 2019

Individual doctors could handle the information differently. Some might order tests based on the new information. Some might include the information in their chart notes. Some might make a mental note of it or mention it to other treating staff. It could depend on the doctor, the scope of the... Read more »

1 Answer | Asked in Criminal Law and Medical Malpractice for California on
Q: , my boyfriend is being accused of assault on a empoyee form the Sjch in stocktyon. No assault was committed

I was in between my boyfriend and the hospital staff the day in question and his release date from the hospital . And no assault was committed . What do I do?

Dale S. Gribow
Dale S. Gribow answered on Feb 7, 2019

To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest...
Read more »

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?
Dale S. Gribow
Dale S. Gribow answered on Jan 29, 2019

more info needed.

if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.

if no one takes it that is a clue that the case may not be that strong.

call more lawyer

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.