Get free answers to your Medical Malpractice legal questions from lawyers in your area.
Had to skip treatment, is this malpractice
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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 
Which statutes require hospital to disclose to affected person unauthorized disclosure of person's records?
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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):... View More
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
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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
Does hospital have obligation to notify patient about security breach? Which CCP defines such requirement?
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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
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!!
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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.... View More
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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.... View More
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.
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... View More
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.
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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
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
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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
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?
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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
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
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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
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
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
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
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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
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
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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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
How specifically California Health and Safety code addresses hospital liability for independent consultants?
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answered on May 25, 2024
The California Health and Safety Code addresses hospital liability for independent consultants in Section 1799.110. Here is a summary of the key points:
1. Hospitals are generally not liable for negligent acts of independent contractors, including physicians and surgeons who are not... View More
What statutes of HSC are specific as to punitive damages owed by doctor and /or hospital to patient in lawsuit?
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answered on May 25, 2024
Under California law, there are a few key provisions in the Health and Safety Code that address punitive damages in lawsuits against doctors and hospitals:
1. Health and Safety Code Section 1799.2(a) - Limits on punitive damages against health care providers in emergency situations, stating... View More
I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight
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answered on May 23, 2024
Under California law, you may have a valid claim for medical malpractice due to the foreign body left in your foot, leading to severe complications and eventual amputation. Typically, medical malpractice claims must be filed within three years of the date of injury or one year after the injury is... View More
I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight
answered on Jun 7, 2024
An attorney would likely ask you for more details before offering a meaningful answer to your question. You could reach out to law firms to try to arrange a free initial consultation. They could retrieve your hospital records and review them with medical professionals if they believe your matter... View More
6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More
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answered on May 19, 2024
I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More
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