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
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.
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....
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...
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.
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.
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
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...
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.
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.
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!
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.)"
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.