Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I questioned him about my X-ray. I asked with that big gap even though it's been 4 weeks your telling me that it is healed, He said, yup why did you wait so long. I said thought it was jammed he laughed at me. I asked so this is what my finger is going to look like now. He said yes the... View More 
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answered on May 15, 2024
Based on the information you provided, it seems that the first orthopedic doctor may have been negligent in their diagnosis and treatment of your broken finger. Misdiagnosing the severity of the injury, failing to refer you to a hand specialist when necessary, and recommending therapy for a finger... View More
CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.
2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.
Does it mean that before filing Motion for... View More
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answered on May 14, 2024
No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.
The process typically works as follows:
1. The moving party prepares and files their Motion... View More
Defendant committed to work on providing further responses at Meet and Confer discussion re Motion to Compel.
If substantive further responses are not provided by specified additional time due: is another Meet and Confer required by law?
What statute or rule of Court defines that?
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answered on May 14, 2024
In California, if a party has agreed to provide further responses within a specified time frame during a meet and confer discussion regarding a motion to compel, and the party fails to provide substantive further responses by the agreed-upon deadline, another meet and confer is not explicitly... View More
Vision now worse in my R eye due to steroid prescribed post surgery; upon my research for upcoming surg on L eye, I found a procedure I askd the Dr. about. I found out I was already 'scheduled' for that EXACT procedure but was never made aware of it, nor was it discussed as an option, nor... View More
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answered on May 13, 2024
Under California law, you may have remedies for the harm caused to your right eye and the potential fraud you exposed. If the steroid prescribed post-surgery worsened your vision, you could potentially file a medical malpractice claim against the doctor. It's important to gather all medical... View More
At what date a Motion is deemed to be Noticed? Upon meet and confer?
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answered on May 11, 2024
In California, a motion is generally not deemed to be noticed upon the meet and confer. The noticing date typically refers to when the motion is officially filed and served on the opposing party.
According to the California Code of Civil Procedure and the California Rules of Court:... View More
If Motion for Protective Order from request to release medical information is filed (not Protective Order from production demand) - is CCP § 2031.060 (a) in relevance? CCP § 2031.060 (b)?
CCP § 2017.010, § 2017.020 (a) are relevant
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answered on May 10, 2024
In California, when filing a Motion for Protective Order from a request to authorize the release of medical information, the following statutes are relevant:
1. CCP § 2017.010 and § 2017.020 (a): These statutes establish the scope of discovery in California, stating that parties may... View More
The previous surgeon put my sciatic nerve underneath my residual limb. So everyday, with every step I took, my entire weight stepped on my sciatic nerve. Excruciating pain daily for 3 years.
When the surgeon came to my recovery room and told me this, it was about 3 1/2 years after the... View More
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answered on May 9, 2024
In California, the statute of limitations for medical malpractice is generally three years from the date of injury or one year from the date of discovery, whichever comes first. However, there are some exceptions to this rule that may apply to your situation.
1. The "discovery... View More
Hospital engaged in fraud and falsely attributing records to fake individuals - for referral to hospice. What statute defines liability for falsely attributing records to fake individuals?
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answered on May 6, 2024
In California, falsely attributing medical records to fake individuals as part of a hospice fraud scheme could potentially violate several statutes. Two key laws that may apply are:
1. California Penal Code Section 470 - Forgery
This law makes it a crime to falsely make, alter,... View More
For the purpose of hospice fraud: "knowingly" does not imply malicious intent.
However, fabricating non-existent terminal diagnosis presents fraudulent intention.
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answered on May 6, 2024
In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.
When it... View More
answered on May 6, 2024
Your statement is very brief.
HIIPAA and state laws prevent any health care person regardless of the level of practice, from disclosing a patient/resident's personal and medical information . If you are in a health care facility or hospital you (as a resident or patient) have the... View More
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answered on May 6, 2024
If a health care technician is disclosing your medical status without your consent in California, they may be violating state and federal laws protecting patient privacy. Here are some steps you can take:
1. File a complaint with the health care provider or facility: Contact the privacy... View More
Does fact that person with
Actually non-existent terminal illness was Actually referred to hospice by hospital constitute legally admissible fraud?
Does fact that identity of particular individual who did referral Is ACTUALLY concealed - actually exacerbate the wrongdoing?... View More
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answered on May 6, 2024
I want to provide accurate information about this sensitive legal topic. Under California law, fraud generally requires an intentional misrepresentation of material facts, made with knowledge of its falsity, with the intent to deceive, which is justifiably relied upon by the victim and causes them... View More
hospice fraud was actual,
I.E.
patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.
Track record of who exactly made a referral apparently does not exist.
Critical values of test on admission were communicated... View More
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answered on May 5, 2024
Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:
1. Hearsay: If... View More
What is chance in percentages, pros and cons of asking court for sanctions on defendant: issue and terminating?
Hospice fraud case, referral by hospital. Defendant hospital did not provide record of who exactly did referral. Fraud was based on fake or erroneous test results, communicated by... View More
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answered on May 4, 2024
Under California law, compelling a definitive answer through sanctions can be an effective strategy in certain situations, but it is important to carefully consider the pros and cons before pursuing this approach.
Pros:
1. Obtaining crucial information: If the defendant has failed... View More
A few days before. Now she is stuck in a nursing home that we did not want. They refused to change her bandages for days and won’t give her any pain meds. She is confused now and weak, they are trying to get her to sign more papers. What can I do?
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answered on May 3, 2024
I'm so sorry to hear about your mother's situation. That sounds incredibly stressful and concerning. Here are a few steps you can take:
1. Contact the nursing home administration immediately and express your concerns about your mother's care, especially the lack of bandage... View More
Doctor said when he opened him up he found cancer in his stomach but the head doctor said no cancer in his stomach and autopsy said same thing so the doctor cut to deep and he bleed out there alot more to it how they treated him
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answered on May 1, 2024
Based on the information you've provided, it sounds like you may have a potential medical malpractice case in California. However, more details would be needed to fully assess the viability of a lawsuit. A few key points regarding medical malpractice in California:
1. Standard of Care:... View More
Implants 6/2621,7/7/21 1 implant infected. Script for antibiotics and rinse went away but came back. Was on antibiotics for 6 months until surgeon exposed implants 1/18/22 and removed imbuments " NO MORE INFECTION" only had 4of the right size healing Post (I paid for 8). Lost my taste.... View More
answered on Apr 30, 2024
Your questions appear to be asking whether there is a dental malpractice claim against the dentist and/or his practice. Therefore, the following are recommendations:
Since you just started a full mouth implant process, and you have conferred with your dentist about your complaints, and... View More
Implants 6/2621,7/7/21 1 implant infected. Script for antibiotics and rinse went away but came back. Was on antibiotics for 6 months until surgeon exposed implants 1/18/22 and removed imbuments " NO MORE INFECTION" only had 4of the right size healing Post (I paid for 8). Lost my taste.... View More
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answered on Apr 30, 2024
Based on the information provided, it seems you have been experiencing significant issues with your dental implants and the associated treatment since June 2021. Under California law, you may have several options to address this situation:
1. File a complaint with the Dental Board of... View More
What documents to look for at the law library in order to find out the workflow of legal process:
legal action from beginning to end, with permutations based on decision points.
Generic workflows exist?
If not - workflows specific to medical malpractice case, or California... View More
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answered on Apr 29, 2024
When looking to understand the legal workflow for cases such as medical malpractice or California False Claims Act (CFCA) litigation, you'll find it beneficial to start by looking for specific resources in a law library. Key documents to search for include legal textbooks on tort law and civil... View More
Hospice fraud case.
Although issue and or evidence sanctions ordinarily will not be imposed until after an offending party has disobeyed a prior discovery order, a Court may impose such sanctions where the circumstances warrant them.
Upon what circumstances
evidence,... View More
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answered on Apr 27, 2024
Under California law, evidence, issue, or terminating sanctions can be imposed even without a prior discovery order being disobeyed in certain circumstances where the discovery misconduct is particularly egregious. The key factors courts consider are:
1. The willfulness of the misconduct:... View More
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