California Medical Malpractice Questions & Answers
Q: can I sue for medical malpractice a wound that won't heal due to the negligence of hospital staff over 40 years ago?
2 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
William John Light's answer
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 discovered, the injury (whichever occurs first). Code of Civil Procedure section 340.5. leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.5
It is possible...
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 discovered, the injury (whichever occurs first). Code of Civil Procedure section 340.5. leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=340.5
It is possible...
Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me
2 Answers
| Asked
in
Personal Injury, Elder Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
William John Light's answer
You are entitled to your medical records. You are not entitled to the internal investigation.
You are entitled to your medical records. You are not entitled to the internal investigation.
Q: If you tell a doctor you think they overlooked a medical condition what should they do.
Timur Akpinar's answer
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 information, and the relevance the doctor feels the information has to the condition at hand.
Tim Akpinar
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 information, and the relevance the doctor feels the information has to the condition at hand.
Tim Akpinar
Q: , my boyfriend is being accused of assault on a empoyee form the Sjch in stocktyon. No assault was committed
Dale S. Gribow's answer
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 you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
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 you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?
2 Answers
| Asked
in
Personal Injury, Civil Rights and Medical Malpractice
for
California
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Dale S. Gribow's answer
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
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
Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Public Benefits
for
California
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
Q: Can I suse a doctor for misdiagnosis?
3 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Gerald Barry Dorfman's answer
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.
Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe
1 Answer
| Asked
in
Legal Malpractice and Medical Malpractice
for
California
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
William John Light's answer
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
William John Light's answer
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
1 Answer
| Asked
in
Wrongful Death, Health Care Law and Medical Malpractice
for
California
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
William John Light's answer
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse
for
California
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.
You should be asking Kaiser and the care facility in Oakland these questions.
Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice
for
California
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Louis George Fazzi's answer
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any danger.
Your question raises a whole host of constitutional issues for both the alleged perpetrator and any victims. Unfortunately, for me, it is not the kind of question that yields a simple...
Q: Can someone please advise me on what to do involving wounds, withholding seizure medication for a rare disease? &more?
1 Answer
| Asked
in
Medical Malpractice and Personal Injury
for
California
on
Answered on Nov 1, 2018
Answered on Nov 1, 2018
Dale S. Gribow's answer
much more info needed and in a readable form.
are you in hospital? wounds from an arrest? etc
much more info needed and in a readable form.
are you in hospital? wounds from an arrest? etc
Q: who to trust. Case #B282528 abused, medical malpractice, civil,and constitutional rights violated
1 Answer
| Asked
in
Civil Rights, Constitutional Law, Legal Malpractice and Medical Malpractice
for
California
on
Answered on Sep 26, 2018
Answered on Sep 26, 2018
Louis George Fazzi's answer
Look for civil rights lawyers in Los Angeles County. There are many, and most of them do work on contingency, which means they get paid when the case settles or after trial.
I noticed that you had appellate counsel appointed for you. You were fortunate to have such a good attorney. Perhaps she might refer you to someone capable who could help you. It's worth a shot.
Look for civil rights lawyers in Los Angeles County. There are many, and most of them do work on contingency, which means they get paid when the case settles or after trial.
I noticed that you had appellate counsel appointed for you. You were fortunate to have such a good attorney. Perhaps she might refer you to someone capable who could help you. It's worth a shot.
Q: Kaiser is trying to cover up for a surgeon who didn't show up for a scheduled surgery
Peter N. Munsing's answer
Contact a member of CAOC who handles medical claims. They give free consults. Don't be surprised if they say the damages do not warrant their involvement. The facts don't tell me there is a violation of their duty that warrants a claim. They aren't required to do separable surgeries on the same day.
Contact a member of CAOC who handles medical claims. They give free consults. Don't be surprised if they say the damages do not warrant their involvement. The facts don't tell me there is a violation of their duty that warrants a claim. They aren't required to do separable surgeries on the same day.
Q: HOW CAN I STOP A MEDICAL FACILITY FROM STARVING MY DISABLE BROTHER
3 Answers
| Asked
in
Civil Rights, Constitutional Law, Medical Malpractice and Personal Injury
for
California
on
Answered on Aug 16, 2018
Answered on Aug 16, 2018
Louis George Fazzi's answer
Call your local county bar association's legal referral telephone line, explain the issue and they will refer you to someone who can step in and fight for his civil rights. Obviously, time is of the essence, so do this right away! You can always Google civil rights lawyers in your local area and start calling lawyers until you get someone to assist you. Either way, you should do either or both of these things right away!
Call your local county bar association's legal referral telephone line, explain the issue and they will refer you to someone who can step in and fight for his civil rights. Obviously, time is of the essence, so do this right away! You can always Google civil rights lawyers in your local area and start calling lawyers until you get someone to assist you. Either way, you should do either or both of these things right away!
Q: Is this not a classic, text book case of patient abandonment at a most crucial moment?
3 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Thomas A. Grossman's answer
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
Q: Can a pet rescue take your pet from the vet that was helping with pledges while telling you treatment was not done yet?
1 Answer
| Asked
in
Criminal Law, Animal / Dog Law, Medical Malpractice and Small Claims
for
California
on
Answered on Jun 16, 2018
Answered on Jun 16, 2018
Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.
1 Answer
| Asked
in
Insurance Bad Faith, Medical Malpractice, Public Benefits and Personal Injury
for
California
on
Answered on Jun 5, 2018
Answered on Jun 5, 2018
Dale S. Gribow's answer
NEED MORE INFO
YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE
NEED MORE INFO
YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE
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