California Medical Malpractice Questions & Answers

Q: If you tell a doctor you think they overlooked a medical condition what should they do.

1 Answer | Asked in Medical Malpractice for California on
Answered on Feb 14, 2019
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.

Tim Akpinar

Q: , my boyfriend is being accused of assault on a empoyee form the Sjch in stocktyon. No assault was committed

1 Answer | Asked in Criminal Law and Medical Malpractice for California on
Answered on Feb 7, 2019
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....

Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Answered on Jan 29, 2019
Dale S. Gribow's answer
more info needed.

if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.

if no one takes it that is a clue that the case may not be that strong.

call more lawyer

Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.

2 Answers | Asked in Personal Injury, Medical Malpractice and Public Benefits for California on
Answered on Jan 22, 2019
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...

Q: Can I suse a doctor for misdiagnosis?

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Answered on Jan 19, 2019
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.

Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Answered on Jan 17, 2019
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.

Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on
Answered on Jan 16, 2019
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

Paragraph 14, D, 3 c.

Q: When a person fills out a DNR is that kept on record for that patient for future visits?

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on
Answered on Dec 28, 2018
William John Light's answer
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.

Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse for California on
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.

Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Answered on Nov 22, 2018
Louis George Fazzi's answer
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.

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...

Q: Can someone please advise me on what to do involving wounds, withholding seizure medication for a rare disease? &more?

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Answered on Nov 1, 2018
Dale S. Gribow's answer
much more info needed and in a readable form.

are you in hospital? wounds from an arrest? etc

Q: who to trust. Case #B282528 abused, medical malpractice, civil,and constitutional rights violated

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Medical Malpractice for California on
Answered on Sep 26, 2018
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.

Q: Kaiser is trying to cover up for a surgeon who didn't show up for a scheduled surgery

1 Answer | Asked in Medical Malpractice for California on
Answered on Sep 12, 2018
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.

Q: HOW CAN I STOP A MEDICAL FACILITY FROM STARVING MY DISABLE BROTHER

3 Answers | Asked in Civil Rights, Constitutional Law, Medical Malpractice and Personal Injury for California on
Answered on Aug 16, 2018
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!

Q: Is this not a classic, text book case of patient abandonment at a most crucial moment?

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Answered on Aug 13, 2018
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.)"

Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Public Benefits and Personal Injury for California on
Answered on Jun 5, 2018
Dale S. Gribow's answer
NEED MORE INFO

YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE

Q: How much money cap does Highland Hospital Oakland have for out of court settlements for injuries in surgery

4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Answered on May 20, 2018
Dale S. Gribow's answer
need more info

if you are just referring to a medical malpractice case the maximum is $250,000 PLUS loss of earnings etc

Q: I gave a normal virginal delivery at 1/5/2012. But the doctor did the wrong stitches n its pain and bleeding.

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Answered on Apr 10, 2018
Dale S. Gribow's answer
for a med mal case, it has to be filed within 3 years or within 1 year of the time you learned or should have learned of the negligence....whichever is shorter.

it sounds like you may have blown the statute of limitation which would bar you from recovery.

contact a med mal lawyer with all the facts, however, i believe s/he would say the same thing.

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