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California Health Care Law Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law and Education Law for California on
Q: Can I sue my college for lack of safety for me with emotional distress ?

After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.

So as of now they say it’ll. Take 2-3 weeks to do... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Is Summons on First Amended Complaint required, if Summons on original complaint was not issued yet?

If Federal Central District Court ordered to submit Amended Complaint, and summons was not issued yet:

is Summons on First Amended Complaint required?

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answered on Feb 23, 2024

Yes, a summons is typically required with an amended complaint, even if a summons was not yet issued on the original complaint. Here are a few key points on this:

- Rule 4(a) of the Federal Rules of Civil Procedure states that a summons must be issued for each defendant named in an initial...
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1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Hello, quick synopses, I’m an RN, loved one just left treatment: med mishandling,LAWS broken, evidence, coercion to pt.

I have a list and pictures of pictures of evidence. Calls with the department of health who were involved (waiting for a lawyer to continue to proceed). Patient rights violations, code of ethics violations, coercion to the pt while heavily medicated and under duress, medications being given by... View More

James L. Arrasmith
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answered on Feb 22, 2024

If you have gathered evidence of medical mishandling, patient rights violations, and other legal issues within a treatment facility, it's crucial to take the right steps to address these concerns. Your documentation, including lists, photos, and any communication records with relevant... View More

1 Answer | Asked in Health Care Law and Tax Law for California on
Q: Ive 30 days to pay a health INS premium, if not paid, my plan will be canceled. Will it cause lapse in health coverage?

If I do not pay my monthly health insurance bill from covered CA, the bill says my plan will be canceled. If I do not use the health plan for the 30 days will this cause a lapse in insurance when I do my taxes next year? Also, will I have to pay the 30 day monthly premium to the health insurance... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, not paying your health insurance premium and having your Covered California plan cancelled after 30 days would likely cause a lapse in coverage when you go to file taxes and could have other negative impacts. Specifically:

- If your plan is cancelled for non-payment of premiums, this...
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2 Answers | Asked in Health Care Law and Personal Injury for California on
Q: Health Care FCA. False certifications examples

What documents or statements present factual or legal falsity in regard to False Claims Act? Could hospital medical records fall under false certification definition?

James L. Arrasmith
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answered on Feb 21, 2024

Yes, hospital medical records could potentially be considered false certifications that give rise to liability under the federal False Claims Act (FCA) if they contain inaccurate or falsified information material to a claim for payment. Some examples include:

• Upcoding - Billing for...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What characteristics define person's identity in California/USA?

What characteristics define person's identity in California/USA? What rule/procedure defines characteristics of unique/distinct identity in respect to civil lawsuit?

James L. Arrasmith
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answered on Feb 21, 2024

In California, as in the rest of the United States, a person's identity is typically defined by a combination of characteristics such as legal name, date of birth, social security number, and physical attributes. These elements are used to distinguish one individual from another in a legal... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: How and where I can hire a medical malpractice lawyer?

When I went through my late husband’s medical records, accidentally found a very stupid mistake that his doctor made.

His treatment for his hepatitis B was totally wrong and he should not take the medication ( Viread) for hepatitis B. Because he had never had hepatitis B!

His... View More

James L. Arrasmith
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answered on Feb 21, 2024

Here are a few recommendations on how and where to hire a medical malpractice attorney to review your husband's case:

1. Get a referral from your state bar association. Most state bar associations have lawyer referral services where you can get matched with a qualified medical...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: How and where I can hire a medical malpractice lawyer?

When I went through my late husband’s medical records, accidentally found a very stupid mistake that his doctor made.

His treatment for his hepatitis B was totally wrong and he should not take the medication ( Viread) for hepatitis B. Because he had never had hepatitis B!

His... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

I'm sorry for the loss of your husband. You could search online for law firms that handle med mal/wrongful death (depending on the theory you are asserting and the timeline here). You could supplement your searches with the "Find a Lawyer" tab above, which lists attorneys by region... View More

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1 Answer | Asked in Family Law, Elder Law and Health Care Law for California on
Q: Can I report a federal employee, to her employer, who lives in Chicago who keeps ignoring her very sick mother in CA?

Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:

1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What CA rule of court guides response to order to show cause re pos?

Order to show cause re: proof of service. Does such order require proof of service to be performed, and/or additional document to be filed with court? What CA rule of court guides response to order to show cause re pos?

James L. Arrasmith
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answered on Feb 21, 2024

In California, when you receive an order to show cause regarding proof of service, it typically means that the court is requesting evidence that a particular document, such as a summons or complaint, has been properly served on the other party in a legal proceeding. This proof of service is crucial... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: I was be giving an Unwanted Unneeded surgery without INFORMING me Pre- surgery at a hospital ? I need HELP

I was diagnosed with thyroid cancer stage 4 at a hospital in 2022.

I had a few tumors in my body by that time, one was on my hip ,one was on the right breast wall and another Tumor was on my mid back (T11 ) . That was the one surgeon and I discussed removing close to my spinal cord.... View More

James L. Arrasmith
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answered on Feb 21, 2024

I understand that you are facing a distressing situation regarding an unwanted surgery that resulted in significant harm to your health. In California, medical malpractice laws exist to protect patients in cases where healthcare providers fail to meet the standard of care expected in their... View More

1 Answer | Asked in Education Law, Health Care Law and Personal Injury for California on
Q: My 7 yr old daughter is a type 1 diabetic. Her school has called cps 5x now 2 of the 5 they were found to blame. 3 other

Need this to be stopped I've been harassed and accused of things that aren't true. Someone needs to answer for all they have done. Stress mental anguish of 5 false cps cases w nothing found I have done only school. Cps still takes back to back referrals after 5 investigations. We need legal aid

James L. Arrasmith
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answered on Feb 21, 2024

Given the repeated false reports to Child Protective Services (CPS) regarding your daughter's medical condition, it's crucial to take proactive steps to address this situation legally. You have the right to defend yourself against false accusations and protect your family from harassment... View More

1 Answer | Asked in Health Care Law for California on
Q: What can my homeless,disabled friend who is being basically patient dumped to the streets from an emergency room?

He was also what I feel is patient dumped from a skilled nursing facility which lead to Er visits.

James L. Arrasmith
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answered on Feb 21, 2024

Your homeless, disabled friend may have legal recourse if they were discharged from the emergency room or a skilled nursing facility without proper arrangements for their care or housing. In California, hospitals and skilled nursing facilities have legal obligations to ensure safe discharge... View More

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for California on
Q: A Kaiser MD, not my doctor, ordered messages I wrote to be evaluated by CRT team. She did not notify me she was doing

a review and she did not get consent. Is that legal?

I fired my doctor 2 years ago, after three half hour phone appts. I realized she was drugging into semi consciousness to assure I'd miss an IRS dead line. I thought she'd never be able to figure out the dates I needed to be... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, healthcare providers are generally required to maintain patient confidentiality and obtain consent before using or disclosing health information for purposes not directly related to the patient's care, except as permitted or required by law. However, certain circumstances... View More

1 Answer | Asked in Consumer Law, Tax Law and Health Care Law for California on
Q: To avoid a tax penalty, how many months in 2024 does one over 18 have to be covered with health insurance in CA?

I read that one can have a three month lapse in health coverage to avoid a tax penalty, though it did not show a year.

James L. Arrasmith
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answered on Feb 20, 2024

Based on current California law, the health insurance mandate requires individuals over the age of 18 to be enrolled in minimum essential coverage for the full duration of 2024, with strictly limited exceptions, in order to avoid a tax penalty. There is no longer a "3 month lapse"... View More

1 Answer | Asked in Health Care Law for California on
Q: can a hospital recredential a physician and give privileges less than a year without explanation?

Surgeon was targeted by administration for filing a complaint against an administrator. When recredentialing/renewing hospital privileges, it was for a six month term. Surgeon is an independent contractor but paid a salary by hospital.

James L. Arrasmith
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answered on Feb 20, 2024

In California, hospitals have the discretion to grant, renew, limit, or deny physicians' privileges based on various factors, including performance, compliance with hospital policies, and other criteria established by the hospital's medical staff bylaws. While the process must adhere to... View More

2 Answers | Asked in Criminal Law, Health Care Law and Personal Injury for California on
Q: The hospital is forcing an unsafe discharge in retaliation for my filing a sexual assault report against their nurse.

I am currently hospitalized. I was sexually assaulted by a nurse in the hospital. I filed charges. When I recently expressed concerns about my safety, they evicted me stating I turned down safe discharge planning. I did not, but they refuse to respond or tell me what those discharge options were.... View More

James L. Arrasmith
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answered on Feb 21, 2024

I'm so sorry this happened. The hospital is prohibited from discharging you as retaliation for filing a sexual assault complaint or to an unsafe environment. Here are the key steps I'd recommend to legally challenge this:

1) Submit a written patient grievance to the...
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2 Answers | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
T. Augustus Claus
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answered on Feb 8, 2024

In California, hospitals themselves do not have the authority to serve eviction notices as they are not landlords in the traditional sense of a housing or rental agreement. However, if the hospital is acting on behalf of a connected skilled nursing facility, assisted living, or another type of... View More

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2 Answers | Asked in Elder Law and Health Care Law for California on
Q: The hospital served me with a 30 day eviction notice. Is this something hospitals can do? Is it legal?
James L. Arrasmith
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answered on Feb 21, 2024

Under California law, hospitals are not typically involved in issuing eviction notices as they are not landlords in the traditional sense. If you received a notice that appears to be an eviction from a hospital, it's likely related to a different matter, such as the termination of a... View More

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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
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