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California Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

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 »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

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 »

1 Answer | Asked in Medical Malpractice for California on
Q: Hello, my new dentist took out a crown and said I needed a root canal retreat and ordered a new crown.

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 »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

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...
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1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

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?

William John Light
William John Light answered on Jun 23, 2020

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...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue the birth control company Nexplanon for emotional distress?

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 »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

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 »

1 Answer | Asked in Medical Malpractice for California on
Q: I had surgery in Ventura county, is that the county Where I need to file a malpractice Suit?
Tim Akpinar
Tim Akpinar answered on Jun 17, 2020

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 »

1 Answer | Asked in Medical Malpractice and Consumer Law for California on
Q: Plastic Surgeon Refusing to Return $15,000 Payment Despite Surgery Not Taking Place

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 »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

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...
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1 Answer | Asked in Medical Malpractice and Consumer Law for California on
Q: Plastic surgeon refusing to return $15,000 payment despite surgery not taking place

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 »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

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 »

1 Answer | Asked in Small Claims, Consumer Law and Medical Malpractice for California on
Q: I am in need of help disputing a dental bill. I am of the notion that I already paid my fair share
Tim Akpinar
Tim Akpinar answered on May 25, 2020

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 »

1 Answer | Asked in Civil Rights, Elder Law, Health Care Law and Medical Malpractice for California on
Q: Does a doctor need an adult-patients consent to give them an anti-depressant?

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 »

Louis George Fazzi
Louis George Fazzi answered on May 18, 2020

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 »

1 Answer | Asked in Civil Rights, Constitutional Law and Medical Malpractice for California on
Q: Is there a lawyer willing to contest the veracity of the false claims that are trampling our 1st ammendment rights?

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 »

Louis George Fazzi
Louis George Fazzi answered on Apr 8, 2020

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...
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1 Answer | Asked in Medical Malpractice for California on
Q: Do i have a case worth fighting and where can i find a lawyer?

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 »

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

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 »

1 Answer | Asked in Medical Malpractice for California on
Q: I had the all on 4 dental procedure. A procedure that I was quoted should have taken 3 mos but took 9 .

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 »

Tim Akpinar
Tim Akpinar answered on Mar 24, 2020

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 »

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can you sue if a Technician ruptures your eardrum when your getting an MRI done?

My Mom went to go get an MRI done & the Technician shoved the earplug in her ear so hard that it ruptured her eardrum causing her to have to go to the ER straight from the MRI place.

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 17, 2020

Maybe. How do you prove that it was the force of the technician that caused the rupture? Do your mom's medical records reflect this?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: If I was informed by a doctor that I am infertile, can I sue if I get pregnant?
Tim Akpinar
Tim Akpinar answered on Mar 12, 2020

Based on the very brief facts, it seems like it could be a difficult case. But if you consulted with a California med mal attorney, they might be able to make a more meaningful assessment with additional information, in terms of how you formulated the element of damages, diligence of the doctor and... Read more »

1 Answer | Asked in Civil Litigation and Medical Malpractice for California on
Q: I have important questions. the problem is I have a brain injury. please be patient with me.

1st ? is How do I get help for my mom that is going for esophagus surgery to remove the cancer. The reasons why I need help in that is I need to make sure that she will be staying in the hospital for her recovering. The reason she need to stay in the hospital or some type of facility is that she... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

I hope everything works out for your mom with her surgery. I think that any facility that handles a surgery of that level would not be looking to rush her discharge. And if they are in a hurry to move her out to an acute care facility shortly after surgery, contact the social workers in the... Read more »

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... 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... Read more »

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