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California Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: Is there a status letter of limitations to sue a doctor for over prescribing opiates in california?
Adam Stoddard
Adam Stoddard
answered on Nov 19, 2022

I believe you mean the statute of limitations. Refer to C.C.P. section 340.5. 1 year from the date of discovery, but no longer than 3 years.

2 Answers | Asked in Contracts and Medical Malpractice for California on
Q: In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund?

In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund legal case?

I had an in home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for refund or partial discount. Total billing was... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

You have at least two separate issues, the cost of her services and the failure to perform competently. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... Read more »

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2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: Is there representation in the Sacramento area? My case is against a hospital & its doctors: misdiagnosis/malpractice

I was pregnant when I went to the emergency department for lower abdominal pain. The doctor and OBGYN diagnosed the pregnancy as ectopic and treated for it the same day. Two weeks later I returned to the hospital to find out that they misdiagnosed me, the fetus was in my uterus and they gave me a... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 4, 2022

You need a medical malpractice lawyer. Go to the top of this page and click on Find a Lawyer. Enter Medical Malpractice and Sacramento in the drop down menu. Call a few med-mal lawyers and pick the one you are most comfortable with. Good luck. Patrick Steinfeld

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What can I do in regards to a former RN posing as a Nurse Practitioner thereby prescribing medication making refferal's.

As mentioned above this person was making diagnosis prescribing medication making referrals and for all intent and purposes I was made to believe he was an Actual licensed MD but after year's of research discovered as of April that was not the case but infact he was a Registered Nurse and this... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 31, 2022

first, call the police.

Why not let them do the work rather than it being on your dime?

you can call local injury lawyers, but I suspect they would be reluctant to take the case as there is no guarantee of someone that could pay... if there is a judgment.

if the damages are...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: California: Is it required by law that a dentist use a lead apron when performing xrays?

My dentist was rushing an xray today and I realized they did not put an apron on me like they have done in the past

Adam Stoddard
Adam Stoddard
answered on Oct 28, 2022

Whether or not to use a lead apron for an X-ray would depend on what the standard of care for a dentist would be. If all other dentists use lead apron's for X-rays and one does not, that would be a deviation from the standard of care. To answer the question completely, one would need a dental... Read more »

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What do I do if UC Davis will not treat me for my conditions will not give me medication keep gaslighting

They won’t tell me why they won’t help me with my pain and why I’m not getting treated

William John Light
William John Light
answered on Oct 26, 2022

Get a second opinion. Doctors are not required to give you medication if s/he does not believe it is medically appropriate. If you think the doctors are wrong, you are free to go elsewhere.

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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: When a medical professional preforms a medical procedure and fails, making a mistake, are they not liable for any damage

The procedure was a heart valve clip. They misplaced the clip. Then, which is rare, they attempted to place a second clip, it failed. Now the heart has irreparable damage. Before the procedure they said I had about 10 years. They said that the procedure could add as much as another 10 years. Now... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 24, 2022

i get calls on these types of issues daily.

call a lawyer who does medical malpractice and go over the facts.

from what you said it sounds like Negligence and thus medical malpractice.

you want to act fast as you will want a lawyer to confirm with med professionals that what...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I share feedback with the company as a review or should I keep my feedback private

I am pursuing a case and wondering if I should hold off on my review

Dale S. Gribow
Dale S. Gribow
answered on Oct 23, 2022

need more info on what this is about.

people leave reviews all the time.........some are good and some not so good.

you don't want to defame anyone but the truth is a defense.

maybe consult with a local lawyer who practices in the area of your problem.

1 Answer | Asked in Civil Rights, Medical Malpractice and Wrongful Death for California on
Q: Mother died in hospital due to severe medical negligence.

Went in to have fractured tailbone assessed. 2 minutes before release, given another shot of Dilaudud, causing her respiratory to plummet. Kept in ER for 2 days then was admitted. Given no food or water for 3 full days, oxygen glow rate set 15 ml higher than the FDA advised maximum amount... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 12, 2022

this is not a case i would handle.

however, there are lot of reasons for rejecting a case.

most of my friends who do med mal will not take a case worth less than $1Million dollars.

they are very costly to litigate.......if you offer to front costs they may take it....
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1 Answer | Asked in Medical Malpractice for California on
Q: I need to file a medical malpractice complaint, where can I get the form to file with the BAR from a computer.
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

You can use a general complaint form from the state website: https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/pldpi001.pdf

You can also draft your own complaint on pleading paper; there are templates out there that you can find if you Google search medical malpractice complaint template.

1 Answer | Asked in Libel & Slander, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: The county of Santa Cruz is using my birth certificate for a promissory note to pay for everything from A to Z.
Dale S. Gribow
Dale S. Gribow
answered on Sep 28, 2022

are you sure it is the county and not an ID Theft?

contact your local police

1 Answer | Asked in Medical Malpractice for California on
Q: is there a case here?

I've been with my wife for over 10 years most of which she struggled with depression. But over the last five years in particular she switched a new doctor. And ever since medical issue or hospital visit, with the exception of a broken arm from skateboarding has been a risk of side effects from... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Many medications have terrible side effects, unfortunately. That said, you should speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I went to ER with abdominal pain. Few days later I became blind. No history of eye condition and I'm not diabetic.

On April 10, 2022 I went to the ER with abdominal pain. I was treated and sent home. Two days later I developed a terrible migraine and pain in my left eye so I went back to the ER. Again, treated and released. Next day I went back to the ER with the same problem. That's when they decided to... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 24, 2022

I am very sorry that you have been through that. In California, if a hospital is negligent in its treatment of a patient, you can sue for monetary damages and recover a significant amount of money. This is called "medical malpractice." I would be happy to assist you with your case. Please... Read more »

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1 Answer | Asked in Medical Malpractice and Small Claims for California on
Q: Expert report uncovered over-treatment in my ongoing dental malpractice claim. Can I file a new claim for those?

Alternatively, can I file a separate small claims for reimbursement (under 15K) while civil case is ongoing?

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

Small claims is capped at $10,000. You may be able to amend your original pleading to add the new claims. Filing a separate claim in small claims court may not work; the opposing party may make a motion to combine, i.e. "Join," the claims together to promote judicial economy.

2 Answers | Asked in Medical Malpractice for California on
Q: Do I have a case?

My husband broke his foot in 5 places and was sent away from the emergency room in Blythe CA. The Doctor he saw in Yuma AZ that did the surgery said he should have been admitted and had the surgery done immediately. He had to wait several weeks for the swelling to get down enough for the surgery.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Interestingly cross-jurisdictional case. The claims against the doctor may need to be brought in Arizona (you'll need a licensed Arizona attorney for help with that) while the claims against the emergency room/hospital would likely need to be brought in California. [I litigate cases. Anything... Read more »

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1 Answer | Asked in Medical Malpractice for California on
Q: Seeking help to see if I have a good case for malpractice

Late last year in 2021, my mother who was 80 years old and lives in Brentwood, CA underwent a surgery at Stanford Hospital in Palo Alto to try and stop the shaking in her hands. They placed rods in her head with a device in her chest that would allow my mom to control her shaking. Early this year,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Sorry to hear this. More information is needed, but don't share it here. Speak with a local medical practice attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital that told me my babies X-rays were fine, asked to recheck X-rays week later telling us broken bones

Our 2 year old fell off chair, we bring him to emergency room for X-rays. They say everything is fine. I can tell a week later it’s not fine, schedule online appointment with his regular doctor. He looks at the same X-rays tells me his clavicle is clearly broken all the way through. My 2 year old... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2022

A California attorney could advise best, but your question remains open for three weeks. I'm sorry for your family's ordeal. The most reliable way to answer your question would be to reach out to med mal firms to try to arrange a free initial consult. That's the norm in the industry.... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: I am looking for a medical malpractice lawyer/advice in Riverside/Orange Co. area.

Went to ER with abdominal pain and few days later I end up blind, no prior vision issues, no family history of any vision problems, not diabetic and Kaiser is telling me this is "chronic glaucoma"?

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 12, 2022

Sorry to hear that. You could have a good malpractice case. You should contact anyone of us on Justia for a consultation.

1 Answer | Asked in Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Two Doctors at Stanford and UCSF mistreated me with overall neglect,HIPPA violation, Misdiagnoses, do I have a case?

Misdiagnosed with Alcohol liver disease Feb 2021, the damage was actually from a genetic condition (ARPKD found in March 2022). They wouldn't listen to me and took away genetic test June 2021 since the Dr. decided I was still drinking with no proof. I have to think if it wasn't taken away... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Aug 6, 2022

Medical malpractice cases are very tricky. You have to prove that a doctor failed to act as a reasonable and prudent doctor would have acted. It is important that you contact an experienced attorney to discuss pursuing your matter.

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: What can I Do when a Nurse Case Manager goes to My Nuerosureon before I Attend Visit and Stops My Surgery?

I was Set Up to have a Much Needed Cervical Surgery Suggested By MRIs and Other Exams to have a 3 Disc's Herniation Surgery and Severe Foramina Stenosis and Kyphosis Surgery by a Neck Go to Neurosurgeon. He wrote in Three Reports how Bad I Needed this Surgery. But go Ahead and Finish the... Read more »

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

Is the doctor providing an opinion as to why he is changing his recommendation?

I suggest you get a second opinion from another doctor ASAP and obtain a neutral opinion AME or QME as well.

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