from a fracture a year ago. Recent x-rays showed a positive ulnar variance. The specialist I was referred to told me that ulnar variance isn't the problem. When I questioned this opinion, he told me to do a follow up appointment with him and bring the x-rays from the original wrist fracture.... Read more »
If you are asking if you have grounds to pursue a Medical malpractice case, the answer is I don't know. The only way to determine if there is a claim to be made is by taking your records, and your facts over to a qualified specialist in the same filed of medicine, and have him or her answer... Read more »
Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.
I had surgery in 2017 to repair a rectal prolapse and have suffered from pain and incontinence ever since. The surgeon who did the procedure left the state (California) 6 months after the surgery. Since then I have been trying to find out what's wrong but it hasn't been easy. My PCP... Read more »
You might be able to take some action but you need to schedule an appointment with an experienced MedMal attorney. The doctor most likely had insurance at the time of the surgery which would apply even though he moved. Also his employer may have had insurance if he worked in a group. A good... Read more »
EDIT: It seems like by mere virtue of posting this question on this site a lawyer responded to the implied objective of suing the allergist instead of professional speculation which is what I was actually looking for. If it weren't for the word count limit I might have tried to make it more... Read more »
Very sorry to hear about your condition. The fact that no other doctor would take a "hardline" that the allergy test caused the outbreak is a warning that this will be very difficult to prove. Suggest you consult a dermatologist to see if there is a clear connection. You need to... Read more »
I am trying to hire a lawyer to represent of assist with a medical malpractice suit against Walgreens Company for failure to follow proper procedures violating my right to privacy and release of PHI, then retaliating during my cancer treatment and continuing
Many attorneys would take a case based on unlawful disclosure of your medical information on a contingent fee basis where you would not have to pay fees or costs upfront. It would be best if you would check the Californian Judicial Council form FW-001 to 003 to see if you qualify for fee waivers... Read more »
If say “jim” is exposed to COVID-19 and tells HR can HR tell “jim’s” co-workers that “jim” was exposed to COVID-19 or would that be a HIPPA violation?
It is not legal for an employer to disclose confidential medical information about an employee. The employee would have claims against the employer under a number of laws, possibly including HIPPA. It would depend on the circumstances, clearly just blabbing it to co-workers is not allowed. The... Read more »
I went to the ER a couple years ago because the stitches in my left eye that I had from a corneal transplant came undone and my cornea was barely hanging on my eyeball. The dr in the ER refused to give me any pain medication until after they were positive I wasn't pregnant. However the nurse... Read more »
Would make an interesting Law Exam question. The first issue you raise is whether you can still bring any kind of case on a Professional Negligence claim because this happened "a couple of years ago." You need to discuss all of your facts with a Medical Malpractice attorney in your area.... Read more »
The Consumer Settlement reached between California and Teva, which provides for monetary compensation to California’s Eligible Consumers in the amount of $25,2500,000 and injunctive relief through February 21, 2029, in exchange for, inter alia, the release and dismissal with prejudice of all... Read more »
It means:
The math must be wrong, as no such number exists: $25,2500,000
AND it means IF you are a proposed member of the class, you MUST
reach out to the class counsel asap for direction...
I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »
You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »
I saw the doctor that does root canals after and he said it was actually the tooth next to it that was infected and the one she took the crown off doesn’t need a retreat. I prepaid for that new crown and I am going to get it put on Friday and plan to ask for a refund because she made a mistake. I... Read more »
You can sue the dentist for dental malpractice, in small claims, but there are 2 things that you MUST do:
1. You must send a letter (Certified, RRR) to the dentist advising what you intend to do and stating the amount of your demand (don't forget pain and suffering damages) at least... Read more »
I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?
It might be a HIPAA complaint, but damages are not available for that under the statute.
It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.
Also, I don't know... Read more »
It does not state anywhere in the warning that the birth control could lower my hormone levels greatly after removal. After testing, doctors were convinced that I was infertile and guaranteed me that the birth control could not lower my levels to a point that makes it seem infertile. They said it... Read more »
A California attorney could best advise, but your post remains open for three weeks. I'm sorry for your ordeal. What you describe could be more a product liability case than a med mal case. A med mal cause of action would be based more on a breach of a medical duty of care, while a... Read more »
A California attorney should advise here, as your question involves as aspect of procedural law. But your post remains open for four weeks. Until you are able to consult with a California attorney, as a general matter, the location of where the claim arose is almost universally a basis for venue... Read more »
I received a quote for a cosmetic procedure during a consultation and signed a document acknowledging all procedures are non-refundable.
I was scheduled for surgery only 6 days prior to the operation and was hastily asked to pay the full balance ($15,000). I did. After that, I received the... Read more »
This is a terrible situation for you. Nothing is truly "NON REFUNDABLE" The first thing I would do is to send a letter that clearly states you are "RESCINDING" the contract with the surgeon, ASK FOR A RETURN OF YOUR MONEY.
The amount you are owed exceeds the $10,000... Read more »
I received a quote for a cosmetic procedure during a consultation and signed a document acknowledging all procedures are non-refundable.
Approximately 6 months later, I proceeded with scheduling the surgery. I was scheduled for surgery only 6 days prior to the operation and was hastily... Read more »
This is a terrible situation for you. Nothing is truly "NON REFUNDABLE" The first thing I would do is to send a letter that clearly states you are "RESCINDING" the contract with the surgeon.
The amount you are owed exceeds the $10,000 limit of Small Claims or you could... Read more »
These types of cases can sometimes be difficult, since it appears that you paid out of pocket for services rendered. It would be easier to evaluate services submitted to insurance companies for reimbursement, where you could look line by line at each procedure and its code. The best you could do is... Read more »
Hello,
I am 64yo was in a hospital being treated for intestinal issues for a few days by an Internal Medicine MD I do not know and barely spoke with and today the nurse came in my room to give me medications which included four new capsules. I found out they were anti-depressants and they... Read more »
You are not required to take any medications you have not first discussed with a physician. Also, if the antidepressants were not prescribed by a treating psychiatrist, I would seriously question why they were prescribed and for what symptoms, and what diagnosis justifies the prescription.... Read more »
Looking for a probono lawyer willing to research and contest the fact that covid 19 is not contagious (there is proof) ... and even if it were, the numbers are unwarranted for this illegal quarantine, and that we are all being unlawfully detained and deprived of our first ammendment rights.... Read more »
There is no chance at all. This is a public hazard to health and welfare of all people. The state has the duty to comply with the national emergency, and all people residing in the State of California are obligated to comply with the orders which have lawfully been given.
My research of the... Read more »
I went to a dentist to fill 9 cavities. I was put under a form of anesthesia using tranquilizers. This is used for people who are afraid of the dentist and its called sedation dentistry. While i was sedated, the dentist preformed a procedure where he drilled a hole in my tooth and inserted a metal... Read more »
Where can you find a lawyer? You can find a California lawyer on this site, or through your own searches. Do you have a case worth fighting? It's difficult to say based only on these facts. Teeth can break during endodontic and other procedures. The fact that a tool fractured/shattered is not... Read more »
I was also supposed to have been given a trial pair for 2 weeks to make sure everything was good . After getting impatient I was fired as a patient not given my trial pair and told never to darken the door again they are not right it has changed my facial features and I have a lisp where I'm... Read more »
This is something that a California attorney would be able to advise best on, but your post remains open for four weeks. This sounds like it will be a complex and difficult case, because it could possibly require a consultation with an independent dentist to assess the work performed on you. As a... Read more »
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.
