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California Health Care Law Questions & Answers
1 Answer | Asked in Workers' Compensation and Health Care Law for California on
Q: Can HR advise my boss about my potential workman’s comp case before I have opened a claim or spoken to me

I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 21, 2022

Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Wrongful Death and Health Care Law for California on
Q: Can I file a person injury case against Kaiser for not doing what they were supposed to

My dad was on hospice in Kaiser they were supposed to informed me when my dad got worse for we can say our goodbyes n they didn’t the day he died they had a meeting had him sign papers I had no idea that was going on I told them not to have a meeting unless I was informed because he was on... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 28, 2022

You should immediately talk to a personal injury attorney who also handles medical malpractice. There are very strict timelines that you must not violate so you should talk to someone right away or you could lose the chance to do something.

1 Answer | Asked in Health Care Law, Legal Malpractice, Personal Injury and Wrongful Death for California on
Q: To Whom It May Concern: I am a legal nurse consultant with extensive experience in Emergency and Trauma nursing care.

I review medical records, create chronologies and perform merit reviews with a strong clinical eye to help strengthen your case.

Please contact me!

Kerri Calloway, BSN, RN, CEN, TNCC

443-618-8722

Dale S. Gribow
Dale S. Gribow
answered on May 21, 2022

GOOD LUCK.............

1 Answer | Asked in Products Liability, Civil Rights and Health Care Law for California on
Q: Can someone direct a law firmMedical condition from vaccine deleted records Clinical trial without consent Have prof

Can someone direct me to a law firm Asked about vaccine I received then records got deleted I have prof

I wanted the full name of the vaccine I received

I got letter from my doctor specialist of my condition informing the vaccine I received caused it

Then I wanted to know... Read more »

Tim Akpinar
Tim Akpinar
answered on May 10, 2022

Only a California attorney could advise under applicable California laws, but your question remains open for four weeks. You ask to be directed to a law firm. This site doesn't operate like an attorney referral service. There are sites out there that do. If you're looking for a law firm,... Read more »

1 Answer | Asked in Animal / Dog Law, Health Care Law and International Law for California on
Q: is it legal for a tour company to not allow someone's task trained service animal to accompany them on the tour?

I'm traveling to a different country amd require my animal to monitor my heart rate among other specific tasks, and was told I would not be allowed to bring her.

Tim Akpinar
Tim Akpinar
answered on May 6, 2022

A California attorney could advise best, but your question remains open for three weeks. There are animal law attorneys here who would have the strongest insight into legal issues with service animals, and you could reach out to them at this point. However, from an international law/health care law... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Does one need the 'Right to Sue' document when trying to retain an attorney in a class action suit?

Can an attorney move forward in a class action suit against an employer. (A state agency) or is the "right to sue" process necessary? Or what is the process to initiate a class action suit

Nancy J. Wallace
Nancy J. Wallace
answered on May 2, 2022

There IS NO 'class action' in Workers Compensation in California. So the loss must be beyond the scope of employment. The employment relationship had to have ended and when the loss occurred, You were just another consumer or patron/patient. Then an attorney gets you... Read more »

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for A Jobs HR try to obtain personal doctor records for an employee?

Back in January of 2022 I got extremely sick from Covid. Which I got tested and I had a note from a doctor stating I can’t return until further notice. I wasn’t able to obtain my test results until almost a week later. When I called to get my results they told me they weren’t ready. HR had... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 28, 2022

Your employer is only allowed to know that your doctor is treating you, what restrictions you have, and what reasonable accommodations would address your condition. Your employer is not allowed to know anything else about your medical conditions or history, including your diagnosis, symptoms or... Read more »

4 Answers | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: if somebody was admitted to a hospital and woke up being sexually assaulted. what are some legal steps to take?

Somebody (obviously won't name) was in the hospital who was on a few different medications and out of it for awhile, woke up to a male nurse sexually assaulting her. The victim told a different nurse and the director came and took a statement from her. And that was it. The victim then wanted... Read more »

Patrick William Steinfeld
Patrick William Steinfeld
answered on Apr 26, 2022

Hi,

I am so sorry . That sounds horrible. Here's some steps to take.

1) Support the victim as much as you can. She's fragile and needs emotional support.

2) Contact a doctor for testing.

3) Contact Social Services and request a social worker.

4)...
Read more »

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1 Answer | Asked in Health Care Law for California on
Q: high funct autistic, went to hospital for tooth abscess ended up in ICU on a ventilator code blue sepsis, pneumonia NMS
Eliza Jasinska
Eliza Jasinska
answered on Mar 24, 2022

There are many kinds of medical malpractice cases and each one requires a specialist to evaluate facts and applicable law. Please discuss your particular case with the attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional... Read more »

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Legal options for tort claim against unauthorized medical records release.

I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... Read more »

William John Light
William John Light
answered on Mar 19, 2022

Pretty sure this was answered before.

answers.justia.com/question/2022/03/10/legal-options-for-tort-claim-against-una-891729

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4 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: If I am pending a litigation case what is the best thing to do
James A Morris Jr.
James A Morris Jr.
answered on Mar 11, 2022

Hire a lawyer experienced in the subject matter of the claim. If it is a bad medical device or pharmaceutical product, hire an experienced and knowledgeable products liability attorney. If it is an auto accident, hire an auto accident lawyer. Regardless, always ask the attorney, when was the last... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for California on
Q: I wish to purse legal action. What options do I have?

I authorized workman's compensation insurance company "A" to access my medical record from medical provider "B." The authorization had a specific date range and limitation on types of records that could be disclosed. Company A submitted a forged authorization form that was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 11, 2022

if you have a WC case, you should have a lawyer.

let him/her deal with it..........that is your best bet.

you can also contact police if there is a crime.

4 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Nursing Home Abuse for California on
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.

The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... Read more »

William John Light
William John Light
answered on Feb 5, 2022

Take her to a doctor for a thorough examination and professional documentation of her injuries. Call the police and report suspected Elder Abuse. Talk to an attorney about a possible lawsuit.

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1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I know that the makers of the vaccine are protected from being arrested or sued but are pharmacists also protected
Theodore Allan Greene
Theodore Allan Greene
answered on Jan 13, 2022

You should be a little more specific with your question. There are some immunities from litigation but when you sit down with an attorney be prepared to discuss all the facts regarding your situation.

1 Answer | Asked in Consumer Law, Family Law and Health Care Law for California on
Q: Clinic called me later saying they messed up billing and now I owe them more money

I received treatment from a planned parenthood and paid my bill in full at the end of my appointment. Later that night, I received a call from them saying they made a mistake and didn’t charge me properly and now I owe them another 125$. Do I need to pay this even though they’re the ones who... Read more »

Leon Bayer
Leon Bayer
answered on Dec 4, 2021

How did they "mess up"? You owe what the treatment cost, plain and simple. If they gave you the correct bill at the time of your treatment, you would have paid, wouldn't you? So what is different about giving you a corrected bill later on the same day?

Don't you ever...
Read more »

2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: Do I have do I have any recourse against a hospital that made , big mistakes that left husband incapacitated.

On April 4th last year my husband went to e.r. to have his foot looked at that have turned bright red and purple in color he's up in the hallway all night long without being looked at they finally were going to release him that morning and he said his foot was hurting they gave him a pain... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 18, 2021

MAYBE..................

HOWEVER, YOU MUST HAVE EVIDENCE OF THE NEGLIGENCE AND A CONNECTION TO HIS MEDICAL CONDITIONS.

MAKE AN APPOINTMENT WITH A LOCAL PI/MED MAL LAWYER ASAP.

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1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for California on
Q: Isn't this Medical malpractice OR Gross Negligence? An extravasation from armpit to elbow, so damaged lost use of arm.
Dale S. Gribow
Dale S. Gribow
answered on Sep 27, 2021

much more info is needed.

what you are asking is similar to calling a doctor over the phone and explaining you have a headache.....and asking what is wrong.

when did this happen?

are they are doctors who have said this was malpractice?......that is what you need.

2 Answers | Asked in Personal Injury, Health Care Law and Wrongful Death for California on
Q: My husband was missing I filed missing person's report the police found him. His brother took him off life support

Put a missing persons report out on my husband the police officer that called me back told me where he was I finally was able to get to call the hospital where he was at I found out his brother removed him off life support my husband and I have been in married for 11 years and I was not notified of... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 24, 2021

more info is needed

anyone can sue at any time.

However, if the case is not strong enough a lawyer will not take it.

For instance:

What are your damages? did you seek the guidance of a professional after this happened? did the brother have a power of attorney? did...
Read more »

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2 Answers | Asked in Health Care Law, Employment Law and Employment Discrimination for California on
Q: My mental health breaks may cost me my job.. I’m not sure if they are supposed to count against me?

Recently diagnosed with bipolar 2. Have been having huge episodes happening and 1 recently while on break at work. I am taking a 2nd mental health day to try and get all this under control with my meds. My position has a rule of no more than 3 incidents (absence) within 6 months. This would be my... Read more »

Brad S Kane
Brad S Kane
answered on Aug 31, 2021

If you qualify for the California Family Rights Act or the Federal Family Medical Leave Act, those mental health breaks should not count against you, if you get a certification of your need for intermittent leave from your doctor.

In order to qualify, you must have worked 1,250 hours in...
Read more »

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1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

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