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California Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Hello there , Is there any path of legal options on a sepsis death of a 64 year old from a heart valve replacement ?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jan 5, 2021

Yes. It begins with expert opinions that the "standard of care" was violated, and that that violation legally "caused" the death.

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3 Answers | Asked in Animal / Dog Law, Medical Malpractice and Small Claims for California on
Q: Hi I had taking my female mix labrore. retreiver in for xrays and asonicgram soon as I got their they came out with gu

By law Ithe vets cant keep me from being with my pet at they exam yeah well the did and they did not want to give her back and called police on me his my witness he was shocked how they treated me and was very worry about me driving home

Wen he realised they just killed my dog and by law... Read more »

William John Light
William John Light answered on Dec 21, 2020

I've never heard of the law that says that you cannot be excluded while the vet is examining your dog. As far as the ashes, if you paid for them, and are otherwise current in your account with the vet, you are entitled to your property. This would be a Small Claims case as the ashes are... Read more »

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1 Answer | Asked in Health Care Law, Medical Malpractice and Native American Law for California on
Q: What type of attorney is needed for medical malpractice within a tribal health facility? And where is one found please?

I was informed that requires more than a regular public medical malpractice attorney due to jurisdictional limitations dealing with tribal heath facilities. Thank you for your time!

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Dec 10, 2020

Not from my understanding

1 Answer | Asked in Medical Malpractice for California on
Q: Hi, I need help find out how I can get a family member who is being medical neglected in the hospital?

the doctor said since he's "walking" ( he can not walk) and he has low medical ins, they want to discharge him. that his blood work and scans are coming back normal. but he lost his eye sight, cant walk or talk right. the doctors don't want to communicate with us. My nephew had... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 29, 2020

A California attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. Unfortunately, if the hospital has reached a decision based on the opinion(s) of their physician(s), they will generally proceed with discharge. In terms of the issues you describe... Read more »

2 Answers | Asked in Medical Malpractice for California on
Q: Incorrect/Delayed diagnosis resulted in extra expenses/delayed treatment/prolonged recovery; would this be malpractice?
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 21, 2020

Maybe. You haven’t really provided enough information here for any real analysis.

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1 Answer | Asked in Products Liability and Medical Malpractice for California on
Q: Hi, if I were to ID reference a random person for their Walgreens prescription would I be responsible for them?

Hi, I had a question about ID referencing. One night I was getting ready to head home from work and this lady came up to me saying that she didn’t have her ID with her. I questioned her reasoning for getting her pain meds at Walgreens and if she was prescribed them, I talked to the pharmacist and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

Hmm. You "referenced ID'd" (I don't even know what that means, it isn't a legal term) for a person that you don't know, at all, for them to obtain federally controlled substances from a Pharmacist and now you want to know if you could get into trouble? Well, it could... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: I am trying to find an attorney who represents court cases for Violation of 8th amendment medical malpractice
Maurice Mandel II
Maurice Mandel II answered on Oct 29, 2020

The 8th amendment to the US constitution states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Why do you think this has something to do with Medical Malpractice? The Federal government does not have laws relating to... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Hi There, is there anyone to take cipro antibiotic related medical malfunction case ? thanks

A doctor misdiagnosed and overdosed me with this dangeroous drug although i warned him with potential side effects. As of now i am suffering with permanent damages...please help.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A California attorney could advise best, but your post remains open for two weeks. There are attorneys out there who hold themselves out for such cases. You'll need to reach out and contact them. This site isn't really set up as a referral service; it's only a question and answer... Read more »

3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: Can i sue if i got a pacemaker that caused anothter serious problem and almost killed me on top of never needing it?
Joshua Kroot
Joshua Kroot answered on Oct 8, 2020

You very well may have a case if the facts are as you describe. You may also be able to work out a contingency fee with an attorney to represent you so that you don’t pay anything to bring the suit unless you win or get a settlement in your favor. It probably bears speaking to an attorney about... Read more »

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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... Read more »

2 Answers | Asked in Medical Malpractice for California on
Q: Is this medical malpractice/negligence/ breaking a law? : I was referred to a bone specialist for ongoing wrist pain

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 »

Robert Dourian
Robert Dourian answered on Sep 18, 2020

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 »

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2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

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.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it still possible to file a medical malpractice lawsuit even though it's been 3 years since the injury (surgery)?

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 »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 27, 2020

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 »

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1 Answer | Asked in Medical Malpractice for California on
Q: hives outbreak for days after allergy test when allergist denies any possible connection.

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 »

Maurice Mandel II
Maurice Mandel II answered on Jul 22, 2020

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 »

1 Answer | Asked in Medical Malpractice for California on
Q: Are there low cost lawyers to hire for a medical malpractice case for fees?

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

Maurice Mandel II
Maurice Mandel II answered on Jul 13, 2020

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 »

1 Answer | Asked in Medical Malpractice for California on
Q: Are non-medical organizations bound by HIPPA law?

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?

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

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 »

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue the dr who worked in the ER for ripping my retina open and making me blind in my left eye?

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 »

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

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 »

2 Answers | Asked in Consumer Law and Medical Malpractice for California on
Q: What does this mean in a settlement

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 »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 2, 2020

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...

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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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