Get free answers to your Health Care Law legal questions from lawyers in your area.
've been going to my primary doctor for the last several years for extreme pain and weakness and nonstop burning in both of of my arms. My doctor thought I had maybe a pinched nerve and sent me for a CAT scan, which showed nothing. I went for carpal tunnel testing which was an a painful... View More 
answered on Oct 9, 2024
It is common - especially given the fact that warning labels can change, and that all doctors may not routinely perform a full spectrum of lab work as was the case with your new doctor filling in for the other's maternity leave. A medical professional could make a better assessment of your... View More
How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?
answered on Sep 15, 2024
Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.
To file a lawsuit, contact a malpractice lawyer,... View More
How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?
answered on Sep 22, 2024
Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More
What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her
answered on Sep 15, 2024
I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 8, 2024
Hopefully you are consulting with medical specialists to determine your needed treatment.
Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses,... View More
Suffering greatly over past year with over 1,000 episodes of ocular and vestibular dysfunction starting in ICU day after surgery. Multiple bouts of transient and temporary blindness with full blown cross-eyed diplopia and periodic abnormal heart arrhythmias. Major blood pressure fluctuations with... View More
answered on Sep 15, 2024
They might not be "playing possum," as you put it. They might simply not be certain of what to do.
'Any takers," you ask. If twenty firms declined your case, and they were reputable mainstream firms, I think it's likely that other firms would similarly decline. But... View More
I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More
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answered on Jul 22, 2024
Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More
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answered on Jul 22, 2024
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More
category of medical malpractice
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answered on Jul 2, 2024
In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain... View More
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answered on Jul 1, 2024
To answer this question accurately, we need to consider a few key points regarding health care law in California:
1. Role of the agent: As the agent named in your brother's advance directive, you were given authority to make health care decisions on his behalf while he was alive but... View More
Checked into the VA for mental health treatment, voluntary, was put in in-voluntary hold for depression. This was in 2012, but no issues since. The ATF said I would need a federal judge to overturn it. This came up when I was accepted into the border patrol but the fed check came back with the... View More
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answered on Jun 27, 2024
To address your situation, you'll likely need to work with a lawyer who specializes in firearms law and has experience with mental health-related firearms prohibitions. Here's a general overview of the process and the type of lawyer you might need:
1. Type of lawyer: Look for an... View More
My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work... View More
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answered on Jun 27, 2024
To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:
1. Medical condition as a reason for unemployment:
In California, you may be eligible for unemployment benefits if you had to leave your job... View More
Can Motion to Compel further responses include both: compelling responses to special interrogatories, and to production demands?
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answered on Jun 26, 2024
Yes, a Motion to Compel further responses can include both compelling responses to special interrogatories and production demands in California.
Key points:
1. Combined motion: In California civil procedure, it's common and often efficient to combine motions to compel further... View More
SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.
Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate... View More
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answered on Jun 26, 2024
This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.
Here's some advice to consider:
1. Replacing a lawyer this close to your hearing date is possible but can be risky:
- It may be difficult to find a new... View More
Is it customary to propound interrogatory regarding restrictive covenants in hospital/doctor contract, in addition to demand for production of full unredacted contractual agreement?
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answered on Jun 25, 2024
To answer this question, we need to consider a few aspects of legal discovery in contract disputes, particularly in the healthcare context:
1. Interrogatories: These are written questions that one party sends to another during the discovery phase of a lawsuit. They can be used to gather... View More
She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks
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answered on Jun 24, 2024
I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More
When ESI records are requested not limited to email communication, what statutes for verification of authenticity of records are in relevance?
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answered on Jun 24, 2024
This question relates to the authentication of electronically stored information (ESI) records in California legal proceedings. Here's a concise overview of the relevant statutes:
1. California Evidence Code Section 1400-1402: These sections provide general rules for authentication of... View More
Can Plaintiff demand Defendant to produce electronically stored information pursuant to CCP § 2031.280?
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answered on Jun 24, 2024
Yes, a plaintiff can generally demand that a defendant produce electronically stored information (ESI) pursuant to California Code of Civil Procedure (CCP) § 2031.280.
Key points about CCP § 2031.280 and ESI production:
1. ESI inclusion: This section specifically addresses the... View More
Defense claims records of events crucial for case do not exist, but plaintiff has documents that events resulted into (evidence). Records of events were destroyed, or did not exist.
Does demand for in-person inspection have advantage vs demand for production of records with consequent... View More
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answered on Jun 24, 2024
To address this question effectively, let's break it down into key points and consider the legal implications:
1. Preservation notice: This is a crucial first step in any litigation to prevent the destruction of relevant evidence. If a proper preservation notice was sent, the... View More
demand for inspection is made, including but not limited to hospital EHR system (electronic records), system logs and reports of plaintiff's records.
How demand should be phrased in order to ensure comprehensive preparation by both parties for inspection on hospital premises, or at... View More
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answered on Jun 23, 2024
To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:
1. Specify the scope:
- Clearly... View More
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