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California Health Care Law Questions & Answers
4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: How do I prove a pharmacist did not fill my prescription correctly and as a result I have permanent repercussions

Yes I have been permanently affected due to his negligence but I have no money for a lawyer

Theodore Allan Greene
Theodore Allan Greene answered on Apr 27, 2021

Both previous answers are good. Your doctor (or a paid expert doctor) has to confirm that your prescription wasn't properly filled and that caused the repercussions you suggest. Sit down with a good attorney right away and save the medicine you claim is not correct.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Had an incident with my family an I earlier this month at st Joe's hospital with the staff giving my wife covid I think

had a baby there the 27th the dr. Allowed 6trainees into our room to be educated on my wife without her permission to do so n each time the dr checked her dilation about 3-5 others would have there hands inside her also being to see her dilation they also gave her a epidural she said was not placed... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 20, 2021

MUCH MORE INFO NEEDED AND CONGRATS ON THE BABY

THIS IS NOT A FAMILY LAW QUESTION. IT IS A MEDICAL MALPRACTICE QUESTION AND I DON'T HANDLE THOSE CASES.

HOWEVER, TO PREVAIL YOU WOULD HAVE TO PROVE AND NOT THINK OF WHY/HOW SHE GOT IT.

YOU WOULD PROBABLY WANT A MEDICAL...
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1 Answer | Asked in Family Law, Elder Law, Health Care Law and Libel & Slander for California on
Q: WHAT RIGHTS DO I HAVE AS MY MOTHERS CARE PROVIDER FOR 10YRS SHE WASNT RETURNED AFTER VISIT W SISTER IN7/20 .

MY SISTER TOOK MOM IN JUN 2020 FOR A VISIT AND NEVER RETURNED HER NOW MY FAMILY WILL NOT LET ME SEE ARE SPEAK TO MY MOTHER SHE LIVES WITH ME FOR TEN YEARS AND I HAVE POWER OVER HER , SHE IS NOW IN A HOSPITAL IN MODESTO AND IVE BEEN THERE 3X AND THEY SAY I NEED TO SPEAK TO MY BROTHER WHOM I DO NOT... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

You need to speak to a local attorney handling Conservatorships and/or Elder abuse law.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Hello. I have been waiting for a tonsillectomy for over 2 month now.

They have failed to provide me with information about what had to be done in order to fix a mistake with my insurance and were giving me misleading information. At the end of all, it appeared to be that someone made a mistake and my insurance was wrongly put in. I have been waiting for a long time,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 15, 2021

more facts needed.

during covid, everything is upside down.

if they did anything wrong it sounds like damages might be less than $10k.

thus you could consider small claims court.

however, I would write out a demand before doing anything and after seeing a lawyer.

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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for an employer to terminate you if you’re dying at the hospital?

My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 1, 2021

An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... Read more »

1 Answer | Asked in Health Care Law, Libel & Slander, Medical Malpractice and Personal Injury for California on
Q: Can a Hospital remove and seal your medical records from you and a lawyer and the courts?

I am a victim of the Talc Powder lawsuits. I underwent a total hysterectomy, there were post operative complications. The doctor who preformed the surgery was brought up on 2 malpractice lawsuits that I knew nothing about. Resultantly being fired from the hospital and loosing the benefit of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

your lawyer should address this issue for you.

it is not something you should be responsible for doing.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: if someone went through chemo and ending up kick out

my wife had Lymph done brutal chemotherapy at City of Hope California Durate those place they treat my wife horrible even those my wife and I are disability as deaf. in 5 year my wife made it through but not the same person that I know so in two year have been checking on her making sure her cancer... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 14, 2021

A California attorney could advise best, but your post remains open for three weeks. I'm sorry for your wife's and your ordeal here. It would be difficult for an attorney to advise based on the description here - it appears to be a complex matter that took place over a long time period.... Read more »

1 Answer | Asked in Health Care Law and Civil Rights for California on
Q: muéstrame la ley mexicana que me dice que un particular DEBE usar una ambulancia para llegar al hospital en BCS México.

Ok ... ¿Hay alguna ley que me diga que debo usar una ambulancia para llegar a un centro médico?

David Michael Lehr
David Michael Lehr answered on Dec 29, 2020

This is not criminal law question!

1 Answer | Asked in Health Care Law, Medical Malpractice and Native American Law for California on
Q: What type of attorney is needed for medical malpractice within a tribal health facility? And where is one found please?

I was informed that requires more than a regular public medical malpractice attorney due to jurisdictional limitations dealing with tribal heath facilities. Thank you for your time!

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Dec 10, 2020

Not from my understanding

2 Answers | Asked in Health Care Law for California on
Q: In subrogation, is the healthcare provider seeking reimbursement for themselves or for the company they represent?

The incident occurred while I was getting my healthcare coverage through COBRA. I’m questioning whether the healthcare provider has a legal right to subrogation since I was no longer an employee

Theodore Allan Greene
Theodore Allan Greene answered on Dec 8, 2020

The healthcare company seeks subrogation for themselves. It doesn't matter where or how you get the coverage. Medicare, Medi-Cal and all private health insurance companies have such a policy. The theory is that you didn't pay for the treatment so if you get money from a 3rd party for your... Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Why are there no lawsuits against dilantin? My bones are breaking, they never warned about that, even when they had info

Why are there no class action lawsuits against pfizer for dilantin? I grew up on it, they warned me about birth defects before I was old enough to get pregnant. My bones are breaking, they never warned me about that. Drowsiness, liver probs, they mentioned, but not bone density. I think I could... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 28, 2020

A California attorney might be able to advise best, but your questions remain open for two weeks. I'm sorry for your ordeal. It appears that law firms are holding themselves out for such suits - you could reach out to them to find out if their advertisements reflect their current disposition... Read more »

2 Answers | Asked in Workers' Compensation and Health Care Law for California on
Q: disability lawyer wants to hire me to provide a medical opinion on denied disability cases

I am a nurse practitioner, interviewed with a lawyer that is representing patients whose disability claims that were denied and the claimant is seeking an appeal. The role consists of reviewing the medical records that are available and giving a medical opinion as likely course of your medical... Read more »

Joseph Alan Hernandez
Joseph Alan Hernandez answered on Oct 19, 2020

To Whom it May concern:

Whether your license would be at risk is something you would have to talk with your guild about but Nurse Case Managers are often used by the Defense to coordinate the treatment and arrange for diagnostic testing. The nurse case managers are generally not rendering a...
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1 Answer | Asked in Health Care Law for California on
Q: Address and phone number of my son is incorrect. How do I correctly change it without completely redoing

Also, both of the witnesses who signed my Power of Attorney for Healthcare are deceased now

Maurice Mandel II
Maurice Mandel II answered on Oct 13, 2020

Not exactly clear what kind of a document you are speaking about. Unless the address and phone number are critical terms of a document, where an error makes it unenforcable, this kind of error is not usually a problem. People move, change phone numbers. As for the witnesses, presumably they were... Read more »

1 Answer | Asked in Health Care Law for California on
Q: Can a religious organization health plan gran non-covered services to one employee's dependent while denying it to other

The employer offers a uniform healthcare plan to all employees with a wellness benefit. When I joined the company I was told in no uncertain terms that the Plan Document Excludes any treatment for Developmental Disabilities including Autism. My wife spoke with customer services and a supervisor... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 6, 2020

Ok, so this is a health plan provided by a religious organization acting in the capacity of an employer. While religious organizations are granted a lot of leeway in choosing benefits within the scope of the practices of the faith, they are still prohibited from other types of discrimination. What... Read more »

2 Answers | Asked in Civil Rights and Health Care Law for California on
Q: Are religious organization health plans subject to 26 CFR section 54.9802-1 Prohibition of Discrimination Requirements?

The plan states in its Plan Document "any therapy or service for a developmental disability/DD is a non-covered service under the plan". When consulting with customer service & doctors who are providers in the plan, members are told that services for DD dependents are excluded from... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 5, 2020

I'm pretty sure that religious organizations are exempt from the requirements relating to discrimination in this context. The rules allow them to discriminate, period, and I can't think of a single legal remedy that might be available to you. Nonetheless, even if they can legally... Read more »

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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Libel & Slander and Personal Injury for California on
Q: A notice of suspension. (NOS) to Poppy Trails Trailer par pursuant health and safety code18510 & 18511 18870.11 18870.12

Health and safety code section 18510 18511 and or 18870.11 18870.12

Notices on dates January 1, 2016. October 25th 2018 and May 27th 2020 ordering you to renew your expired PTO or to be subject to the PTO suspension of civil penalties and criminal procedures penalties including dates on the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2020

MORE INFO NEEDED.

I DO NOT BELIEVE THIS IS A NEGLIGENCE QUESTION.

I SUGGEST YOU CALL A CHINO LAWYER, AND FIRST WRITE OUT ALL THE FACTS IN DETAIL, SO THAT THE LAWYER IS NOT PLAYING SECRETARY.

2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

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1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My Dentist filed a fraud claim to both a insurance company and Medi-cal in California.

Although the money was paid back I lost the benefit from Medicare that allows this procedure only once every 5 years. This was not the first time this office has billed for more than services I received. I thought that I was only approved for a cleaning only to find out I was approved for a deep... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 28, 2020

Fraud has a 3 year statute of limitations from the date of discovery. Perhaps you should sue the dentist for fraud. You could even go to Small Claims if it is less than $10,000. You should definitely consult with a Dental Malpractice attorney in your area.

Justia disclaimers below,...
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1 Answer | Asked in Health Care Law for California on
Q: Can I be forced to provide primary health insurance coverage to my dependents.

I mostly work part time without benefits. This year I have full health benefits for the first time and added the kids as a back-up for them, thinking my ex’s insurance would stay their primary provider. Now I’m being told that since my birthday is earlier in the year, my insurance is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

Actually this is "Family law" not "health care". As I read the quoted Court Order, which is still in effect and controls the situation, "the EMPLOYEE parent with such benefits shall provide for the health insurance of the children", so as I understand this, it means... Read more »

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