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California Health Care Law Questions & Answers
2 Answers | Asked in Criminal Law, Health Care Law and Employment Law for California on
Q: Adult son in accident, hospital says in custody, police don't have him booked, no info for a week. What to do?

My adult son was involved in a serious accident, and he was the only one injured. When I visited the hospital, I was told he was in custody and I couldn't see him or get updates. The police don't have him booked, and it's been a week without any information. The hospital said his... View More

Mario Tafur
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Mario Tafur
answered on Apr 18, 2025

First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More

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2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: Is 42 U.S.C. Section 1983 applicable for Medicare fraud by hospice and denied referral?

Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?

Marina Samson
Marina Samson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Domestic Violence and Health Care Law for California on
Q: What legal steps can address mental health concerns and rights violations for an inmate with schizophrenia facing new and old charges?

I am concerned about an inmate who was previously diagnosed with schizophrenia while incarcerated for three years and was released three months ago. Since his release, he has not received adequate mental health treatment and experienced episodes leading to new charges, including false imprisonment.... View More

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 9, 2025

Dear Bakersfield Resident,

Given the inmate’s schizophrenia and recent episodes leading to charges like false imprisonment, one option is to pursue mental health diversion under Penal Code Section 1001.36. This program allows defendants with qualifying mental disorders to have charges...
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2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: Is it legal for doctors to deny pain medication due to taking Xanax?

My son has necrosis of the right hip and requires a full hip replacement. He is experiencing significant pain, but doctors refuse to prescribe proper pain medication because he takes Xanax for anxiety, which he has been using for years under prescription. He has allergic reactions to alternative... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 21, 2025

Doctors can make medical decisions such as determining not to prescribe one medication with another. This is completely within the doctor's discretion up to the point of malpractice. The solution is to attempt to get a different health care provider.

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: What recourse do I have for an ER visit that included HIPAA violations false documentation, and inadequate care?

I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting... View More

Eliza Jasinska
Eliza Jasinska
answered on Jan 13, 2025

In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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2 Answers | Asked in Legal Malpractice, Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: I’m not sure what to do here —- is this medical malpractice and I sue the physician? Or is this an emtala violation?

Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 13, 2024

This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More

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2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: I’ve been asking for a Reasonable Accommodation Request for going into 11th month now.

Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More

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2 Answers | Asked in Employment Law and Health Care Law for California on
Q: I am an IHSS worker in Orange county. June 2024 i was issued a check never received and the office is not responding

I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 31, 2024

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can I file a lawsuit for a doctor falsely updating my medical records?

Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More

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2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Has anyone ever had a doctor prescribe medication that had bad side effects they should have caught but didn't?

'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

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: I have Triple bypass surgery that could be avoided if my doctor refers me to Cardiologist . Is my doctor liable?

My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would... View More

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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I went through a bad experience in a hospital / care center went to when I was sick November of 2022 through April 2023

I been looking for a lawyer but they said I need a specific one a lawyer told me about this website to try it out and hopefully I find one

.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

Your friend may have been talking about the section here for searching for attorneys by region and practice area. It's the tab above labelled "Find a Lawyer." You could supplement your own independent attorney searches with that. You could also look into the attorney referral... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

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?

Eliza Jasinska
Eliza Jasinska
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,...
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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

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?

Tim Akpinar
Tim Akpinar
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

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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
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

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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

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

Tim Akpinar
Tim Akpinar
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...
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3 Answers | Asked in Health Care Law, Personal Injury and Arbitration / Mediation Law for California on
Q: Seeking help for chronic TBI after heart surgery but surgeon and hospital are playing possum. Any takers/advice? Thanks

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

Joel Gary Selik
Joel Gary Selik
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,...
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1 Answer | Asked in Health Care Law, Employment Law and Family Law for California on
Q: Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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