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California Health Care Law Questions & Answers
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.

2 Answers | Asked in Civil Rights, Health Care Law and Criminal Law for California on
Q: Can police hold you in hospital after being shot
Dale S. Gribow
Dale S. Gribow answered on Jul 9, 2021

much more info would be needed.

what did they say you did?

what were your injuries?

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: CVS mixed two different pills in my bottle. They want me to bring the bottle in. what to do?
William John Light
William John Light answered on Jul 5, 2021

Bring it in. Unless you have been injured by taking incorrect medications dispensed by the pharmacy, you don't have a case. If you have been injured, consult with a PI attorney before you do anything.

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1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get... Read more »

1 Answer | Asked in Civil Rights and Health Care Law for California on
Q: Does a legally disabled adult on a 5150 hold in California have the right to have a visitor?

Thank you for your reply. My son is a mentally disabled adult who was put on a 5150 hold for attempting suicide 2 days ago and placed in a general hospital while awaiting placement in a mental health facility. The hospital told me I can't have visitors due to Mental Health policy, but Mental... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 31, 2021

I think so. A person doesn't lose her/his civil rights by being placed on a W & I section 5150 hold. However, I'm sure the usual and customary visiting hours would apply, as would any reasonable restrictions on the person's right to receive visitors. Much more information is... Read more »

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
Read more »

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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...
Read more »

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 »

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