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California Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: What statute defines motion for camera review?

What statute defines motion for camera review of privileged info?

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, the statute that defines the motion for camera review of privileged information is Evidence Code Section 915(b).

Evidence Code Section 915(b) states:

"When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter...
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1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: How to request in chambers review of identities, protected under privacy right?

How to request in chambers review of identities, protected under privacy right, when identities are critical to crucial matters at issue of the lawsuit?

What identity attributes shall be requested?

James L. Arrasmith
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answered on Jun 14, 2024

To request an in chambers review of identities protected under privacy rights in California, you need to file a motion for an in camera review. This motion should explain why the identities are crucial to the case and how their disclosure is necessary for the fair resolution of the lawsuit. Be sure... View More

1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Q: Violation that is not in medical records. Discovery

How plaintiff can insist on obtaining incident report to risk management, not peer review log protected by 1157?

If incident report could be the only track record of matter crucial for the case, how plaintiff can discover findings of risk management?

Track records of violation does... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, incident reports prepared for risk management purposes are generally considered protected from discovery under Evidence Code Section 1157. This section provides a privilege for records and proceedings of organized committees that review the quality of medical care, such as... View More

3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

John Michael Frick
John Michael Frick
answered on Jun 12, 2024

Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More

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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: How do I know if I have a case?

Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.

James L. Arrasmith
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answered on Jun 12, 2024

I'm so sorry to hear about your husband's passing. Losing a loved one is always difficult, and it's understandable to have questions about the medical care they received.

In California, to determine if you potentially have a medical malpractice case, several key factors need...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: While at kemo treatment through catheter, nurse wrongfully inserted catheter causing extreme bleeding

Had to skip treatment, is this malpractice

James L. Arrasmith
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answered on Jun 12, 2024

Based on the information provided, it's possible that the situation you described could be considered medical malpractice under California law. Medical malpractice occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care, and as a result, the... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Statute: requirement to disclose to patient unauthorized disclosure of patient's records.

Which statutes require hospital to disclose to affected person unauthorized disclosure of person's records?

James L. Arrasmith
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answered on Jun 11, 2024

Under California law, there are two main statutes that require hospitals and healthcare providers to disclose unauthorized access or disclosure of a patient's medical records to the affected patient:

1. California Health and Safety Code Section 1280.15 (effective January 1, 2009):...
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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: What statute is applicable if unauthorized disclosure of information included, not limited to violation of 1798.82.

What statute is applicable if unauthorized disclosure of information included, but was not limited to violation of Section 1798.82.

If unauthorized disclosure of Plaintiff's records included but was not limited to section 1798.82 violation (security of computerized systems), what Cal.... View More

James L. Arrasmith
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answered on Jun 10, 2024

If an unauthorized disclosure of a plaintiff's records by a hospital included, but was not limited to, a violation of California Civil Code Section 1798.82 (which deals with the security of computerized data systems), there are several other California Civil Code statutes that may be... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Which CCP defines such requirement?

Does hospital have obligation to notify patient about security breach? Which CCP defines such requirement?

James L. Arrasmith
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answered on Jun 10, 2024

Under California law, hospitals and other healthcare providers have an obligation to notify patients about security breaches involving their personal or medical information. The specific requirements for breach notification are outlined in the California Civil Code, primarily in Section 1798.82.... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Medical Malpractice for California on
Q: Criminal case where I told on myself but that's not what CHP said they said they took me to the hospital and I never

Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!

James L. Arrasmith
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answered on Jun 6, 2024

I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:

1....
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?
James L. Arrasmith
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answered on Jun 3, 2024

To file a medical malpractice lawsuit in Santa Clara, California, you will need to prepare and submit the following key documents:

1. Complaint: This is the initial document that starts the lawsuit, outlining the facts of your case, the parties involved, and the legal basis for your claim....
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I had an elective medical procedure Aug 2021 that resulted in getting a blood transfusion like to know if I have a case

This procedure caused me to have PTSD and I would like the money back from the surgeon. I ended up in the ER the night of the surgery, had low sodium and required a blood transfusion. It was a horrible experience. I would like to know if I have a case here.

James L. Arrasmith
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answered on Jun 3, 2024

I understand that you went through a traumatic experience following your elective medical procedure in August 2021. Determining whether you have a legal case would require carefully evaluating the specific details and circumstances surrounding your situation. That said, I can provide some general... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I had an elective medical procedure Aug 2021 that resulted in getting a blood transfusion like to know if I have a case

This procedure caused me to have PTSD and I would like the money back from the surgeon. I ended up in the ER the night of the surgery, had low sodium and required a blood transfusion. It was a horrible experience. I would like to know if I have a case here.

Joel Gary Selik
Joel Gary Selik
answered on Jun 3, 2024

The first question is, did they do anything wrong. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Next, what harms were caused by the malpractice. Due to the nature of...
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1 Answer | Asked in Medical Malpractice for California on
Q: Is it medical malpractice per se if the patient is admitted to a hospice and doesn't die?

Is it medical malpractice per se if the patient is admitted to a hospice and doesn't die?

I am not a licensed attorney. I am, however, covertly representing my father with liver damage. I am unable to obtain any medical experts to support my allegations of medical malpractice. I am... View More

James L. Arrasmith
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answered on Jun 2, 2024

Under California law, medical malpractice per se is not established simply because a patient admitted to hospice care does not die. Hospice care is designed to provide comfort and support for terminally ill patients, not to hasten death. The fact that a patient survives longer than expected is not... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Legal grounds

What are legal grounds to seek compensation if defective values of blood test were the only reason for record of non-existent terminal illness, basis for referral to hospice?

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, you have legal grounds to seek compensation if a misdiagnosis of a terminal illness based on defective blood test results led to unnecessary referral to hospice care. This situation can be considered medical malpractice, as it involves a breach of the standard of care by... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: I want to sue my mom‘s doctor. My mom has dementia and I’m her caretaker. She was under the care of a vascular intervent

I found out a couple weeks later from another doctor saying that she also had a patient that went to him and he unnecessarily put in all these stents in her that she didn’t even need She didn’t even need the stents that he put in her leg. I had to take her to another doctor because he refused... View More

James L. Arrasmith
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answered on May 29, 2024

Under California law, you may have grounds to sue your mother's doctor for medical malpractice. Medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. In your mother's case, unnecessary procedures, refusal to remove the... View More

5 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Will any attorneys in California take cases for retained foreign objects?

I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 29, 2024

Yes, I'm sure there are plenty of attorneys willing to take a retained foreign body case. The problem with these cases however is that sometimes leaving behind a metal object, such as a surgical clip or staple, is intentional and not the result of negligence. i.e. sometimes leaving in a clip... View More

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5 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Will any attorneys in California take cases for retained foreign objects?

I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More

James L. Arrasmith
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answered on May 29, 2024

Yes, attorneys in California do take cases involving retained foreign objects from surgeries. Medical malpractice lawyers handle cases where surgical errors, such as leaving foreign objects inside patients, occur. This type of case falls under medical malpractice law, which seeks to address... View More

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5 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Will any attorneys in California take cases for retained foreign objects?

I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

I'm sorry for your ordeal. If you are having difficulty in finding an attorney, one possibility is that the firms you've contacted deem the damages from the shavings to not be serious enough for them to invest in the cost of experts and litigation. Another possibility is that you... View More

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2 Answers | Asked in Medical Malpractice, Personal Injury and Health Care Law for California on
Q: I had a major neck surgery go bad and was abandoned by the surgeon 3-1/2 years ago that has left me permanentl disabled
James L. Arrasmith
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answered on May 29, 2024

If you had a major neck surgery that went wrong and were abandoned by the surgeon, you might have grounds for a medical malpractice claim. In California, medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. Abandonment by a... View More

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