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California Medical Malpractice Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Medical Malpractice, Personal Injury and Probate for California on
Q: How can I find a CA attorney who sues Counties for failure to notify collaterals of conservator hearings?

I lost contact with my brother ten years ago and searched for him ever since. I am just now learning he suffered a stroke and lost his memory. The County placed him in a Board & Care and established conservatorship but failed to take reasonable steps to notify me. They denied my right to step... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 12, 2020

more info needed.

i would google attorneys who litigate against governmental entities or something like that.

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Hello I see a psychiatrist and I went to get a refill on my prescription

Hello I see a psychiatrist and I went to get a refill on my prescription and to find out I have no refill on my one prescription because my doctor needs approval when it should have already been approved so I couldn’t get it so I called the office to find out he doesn’t work their anymore by... Read more »

William John Light
William John Light answered on Feb 8, 2020

In the absence of an injury, there is no basis for a medical malpractice claim. Inconvenience for having to wait for a prescription is not an injury.

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2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for California on
Q: I'm wondering if the following would be grounds for a malpractice/personal injury suit:

we had a failed IVF cycle at a clinic that was a terrible experience from start to finish. Since then, another doctor told me that the treatment (starting stimulation on day 21, retrieval on day 7/8) "makes no sense", and others have seconded this. I've asked the clinic why this was done this way... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 30, 2020

In the absence of injury, you cannot maintain a medical malpractice case. There must be an act of negligence that is causally related to an identified injury. If this failed cycle of IVF reduced your chances of success with subsequent cycles or attempts, then maybe you have a basis for a lawsuit.... Read more »

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1 Answer | Asked in Medical Malpractice for California on
Q: My Husband needs surgery on his foot and was told a date, but the doctor canceled twice because they werent prepared

We both keep missing work and they just apologize and say they'll reschedule. As if its no big deal and we have no bills.

Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

There was not a question here, but if you are wondering whether you have the basis for a medical malpractice claim, it does not seem likely. It's possible the office might not be attentive to scheduling things in the best possible manner. But med mal cases are generally based on a failure of a... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: My Husband needs surgery on his foot and was told a date, but the doctor canceled.

It has been twice they canceled because They keep missing information till the last minute. We keep missing work and they just say sorry we'll reschedule.

Tim Akpinar
Tim Akpinar answered on Jan 23, 2020

There wasn't a question included in your post, but if you're wondering whether the doctor's conduct would be considered medical malpractice, the short answer is, "very unlikely." It might be inconvenient, or it might evidence poor scheduling. But unless the cancellations and delays led to a... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: What do I need to start a medical malpractice lawsuit?

My wife's birth was more complicated than her pregnancy. She was supposed to have a better birth, but it ended up being 3 and a half hours long of tremendous pushing. Despite the epidural, she still had a lot of pain. Then our baby was born with all these crazy things, like seizures, swelling in... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 17, 2020

you need to consult with a med mal lawyer and NOT post on an open forum like this.

you will need doctors that would testify there was malpractice...rather than a bad result or just difficult pregnancy.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Will my son have a malpractice case or personal injury

My son was see in the ER for an infection on his right foot it was Swollen and painful the doctor cut his foot open and drained it but was not probably drained and the infection had gotten worse his pain was so out of control that we mad several visit to the same ER For the same reason I then... Read more »

William John Light
William John Light answered on Jan 16, 2020

If your son has a case, it would be for malpractice. Getting an MRSA infection is not, by itself, evidence of malpractice. You should contact a medical malpractice attorney to discuss the issue. Your son's medical records will need to be obtained from every ER where he was seen, as well as the... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California on
Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and got... Read more »

Mike Darlington
Mike Darlington answered on Jan 6, 2020

I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... Read more »

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Do I have a workers comp case against my school district? Also do I have a medical malpractice case against my surgeon?

Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.

I am making no progress, in tremendous pain do to... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 4, 2020

Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: If a doctor let someone live with a leaking Aortic Vaule for ten months before deciding to do surgery to fix the leak

Then they die. by not doing a surgery and fixing leak .can that prove doctor negligence for wrongful death

Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

It could be an issue presented to a jury to decide, but it is not unequivocal proof on its face. An attorney (unless they had a medical background, and probably had more information to review) would not be able to make this determination. If you are contemplating legal action, you should consult... Read more »

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 »

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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.

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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...
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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...
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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...
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