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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
Hospital is defendant and owner of records. How demand for inspection of records, including esi should be phrased to ensure preparedness for inspection?
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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
Section 2031.010 is specific as to inspection of documents. Why subpoena would be needed to inspect record or EHR system reports or logs on premises of hospital, or at any reasonable location?
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answered on Jun 23, 2024
To address this question, let's break it down and consider the relevant aspects of California law:
1. Section 2031.010 of the California Code of Civil Procedure:
This section allows a party to demand that another party produce and permit inspection and copying of documents,... View More
I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?
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answered on Jun 21, 2024
To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More
Saw PCP on April 19 of this year for abdominal pain. Ordered ultrasound-showed nothing. Sent in an emergency referral to GI and ordered a CT scan. I saw the GI doctor on May 9. Before the CT scan was approved, I had to go to the ER because I was in severe pain (May 1). They told me the CT scan... View More
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answered on Jun 21, 2024
This situation sounds very frustrating and potentially concerning from a medical care standpoint. Here are some steps you could consider taking:
1. Document everything:
- Compile a detailed timeline of all your medical visits, treatments, and communications.
- Gather all... View More
What california evidence codes, statutes and rules are VERY specific
to certification of contents,
authentication and verification of documents under oath? (Originals or copies of documents)
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answered on Jun 21, 2024
To answer this question, we need to look at several specific California Evidence Codes and rules related to the certification, authentication, and verification of documents. Here are the most relevant provisions:
1. California Evidence Code Section 1400-1402: Authentication
These... View More
How attorneys obtain direct access to hospital historical records on premises?
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answered on Jun 20, 2024
To obtain direct access to hospital historical records on premises in California, attorneys typically need to follow these steps:
1. Obtain client consent: If representing a patient, get a signed HIPAA-compliant authorization from the client allowing access to their medical records.... View More
Why defense can allege that license id and dates of affiliation with hospital is private information?
If it objects to disclose, what are plaintiff's remedies other than subpoena and deposition?
What statements have to be included into motion to compel further in order to... View More
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answered on Jun 20, 2024
To obtain information from a hospital through a motion to compel further responses in California, you need to assert specific legal grounds. First, you must show that the information is directly relevant to the case and that the hospital's objections are not legally valid. Include references... View More
Defendant hospital objects to disclose identity of providers, claims that it is private data, and that I have to be specific in my request in definition of identity.
Thus I am interested to find out how section 2017.010 is construed in respect of identity that defendant has to disclose.... View More
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answered on Jun 20, 2024
Under California Code of Civil Procedure section 2017.010, you have the right to obtain information that is relevant to your case. This includes the identity of providers involved in your care at the defendant hospital. The law allows for the discovery of facts and information that could lead to... View More
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