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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
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1 Answer | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Response to OSC is classified to be: Motion, or Reply? What rules are specific to timing of response to OSC?

Response to OSC is classified to be: Motion, or Reply?

CCP 1005(b) does not mention specifically Response to OSC.

What rules are specific to timing of response to OSC?

James L. Arrasmith
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answered on Mar 12, 2024

Under California law, a response to an Order to Show Cause (OSC) is not typically classified as either a motion or a reply. An OSC is a separate type of court order that requires a party to appear in court and explain why a certain action should not be taken or why a certain order should not be... View More

4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:

1. Seek immediate medical...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: leave to file Fourth Amended Complaint?

On good cause shown, does California superior court grants leave to file Fourth Amended Complaint? Assuming timing of filing is appropriate (before end of discovery, and trial).

James L. Arrasmith
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answered on Mar 11, 2024

In California, a party may amend its complaint with leave of the court after an answer has been filed or in response to a demurrer. The court may grant leave to amend a complaint at its discretion, and leave to amend is generally liberally granted under California law to promote justice and allow... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Civ-120 title and date, before it was served.

Title section of civ-120.

Plaintiff/Petitioner Defendant/Respondent

Defendant: the same that on title of the case (multiple defendants) ?

Or

Defendant against whom entry of dismissal was entered?

Date of section filled by Plaintiff must be current date, or date of civ-110?

James L. Arrasmith
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answered on Mar 10, 2024

When completing the CIV-120 form (Proof of Personal Service) in California, it's important to fill out the title section and date correctly to ensure the proper proof of service. Here's how you should approach the title section and date:

Title Section:

-...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What rule guides Due date for serving forms civ110 with civ-120, and filing these forms with court?

Civ -120 indeed has references in lower right corner to CCP 581 et seq, and Cal Rule of Court 3.1390.

These rules apply to dismissal, NOT to service of the form, and filing POS.

What rule guides Due date for serving forms civ110 with civ-120, and filing these forms with court?

James L. Arrasmith
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answered on Mar 9, 2024

In California, the rules governing the service and filing of forms CIV-110 (Request for Dismissal) and CIV-120 (Notice of Entry of Dismissal and Proof of Service) are primarily guided by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC).

The specific rule...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What is due date to Serve civ-110 and civ-12 - dismissal of legal action against defendants?

What is due date to Serve civ-110 and civ-12 - dismissal of legal action against defendants, after dismissal was entered? Due date after dismissal was entered

James L. Arrasmith
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answered on Mar 9, 2024

In California, after a dismissal is entered in a legal action, the plaintiff is required to serve the defendants with a Notice of Entry of Dismissal (form CIV-120) and a Proof of Service (form CIV-110) within a specific timeframe.

According to California Code of Civil Procedure section...
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1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is Response to Court's Order to Show Cause Re POS, filed with Court, required to be served on all Defendants?

Is Response to Court's Order to Show Cause Re POS, filed with Court, required to be served on all Defendants?

James L. Arrasmith
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answered on Mar 9, 2024

In California, when a party files a Response to the Court's Order to Show Cause (OSC) regarding Proof of Service (POS), the general rule is that the response must be served on all defendants or their attorneys if they are represented.

The purpose of serving the Response to the OSC on...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Should proposed order to file amended complaint, be added to proposed order to set aside dismissal against defendant?

Should proposed order to file amended complaint, be added to proposed order to set aside dismissal against defendant?

Pursuant 473(b)

James L. Arrasmith
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answered on Mar 9, 2024

Under California law, when seeking to set aside a dismissal against a defendant pursuant to Code of Civil Procedure section 473(b), it is generally recommended to separately file a proposed order to set aside the dismissal and a proposed order granting leave to file an amended complaint. While... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is 5 court days before hearing is a due date to file response to order to show cause re failure to serve civ - 120 form?

Is 5 court days before hearing is a due date to file response to order to show cause re failure to serve civ - 120 form?

James L. Arrasmith
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answered on Mar 9, 2024

A response to an Order to Show Cause hearing in California should generally be filed at least five calendar days before the hearing. See Finney v. Ralphs Grocery Co., 2021 Cal. Super. LEXIS 90665, Lourdes Pan v. Yu, 2021 Cal. Super. LEXIS 79047. However, the specific requirements may vary... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What is due date for response to order to show cause: re proof of service? Hearing was scheduled.

What is due date for response to order to show cause: re proof of service? Hearing was scheduled.

James L. Arrasmith
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answered on Mar 9, 2024

Under California law, the due date for a response to an order to show cause regarding proof of service depends on when and how the order was served. Generally:

1. If the order was served personally, the response is due at least 5 calendar days before the hearing date, including weekends and...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What is due date to file and serve response to judge's order to show cause?

Order to show cause re: proof of service of civ-120 is scheduled for hearing.

What is due date for response to order to show cause?

James L. Arrasmith
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answered on Mar 9, 2024

In California, when a judge issues an Order to Show Cause (OSC), the party who is ordered to show cause must file and serve a response to the OSC within a specified time frame. The due date for filing and serving the response depends on how the OSC is served and the specific instructions provided... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What rule in California defines due date to serve on defendant form civ-120, after entry of dismissal?

Plaintiff entered dismissal against defendant.

What is due date for plaintiff to serve on defendant civ-120, after plaintiff entered dismissal against defendant?

James L. Arrasmith
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answered on Mar 9, 2024

In California, the rule governing the service of a Notice of Entry of Dismissal (form CIV-120) is found in the California Rules of Court, Rule 3.1390. According to this rule:

1. The party who requested the dismissal must serve a Notice of Entry of Dismissal (form CIV-120) on all parties in...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Situation. 2 questions.

Situation.

At the time when Plaintiff entered voluntary dismissal against a defendant, Second Amended Complaint was filed.

Defendant demurred second amended complaint, dismissal was entered prior to hearing in demurrer.

Plaintiff files motion to set aside dismissal.... View More

James L. Arrasmith
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answered on Mar 9, 2024

In this situation, under California law, here are the answers to your two questions:

Question 1:

No, a proposed third amended complaint is not required when filing a motion to set aside a dismissal pursuant to CCP 473(b). The statute does not explicitly mandate the inclusion of a...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Proposed order to file third amended complaint, when 2 motions are filed. 2 hearings held.

Shall motion to set aside dismissal be accompanied by proposed order to grant filing of third amended complaint,

if separate motion is filed for leave to file third amended complaint?

2 motions have to be filed, 2 hearings to be scheduled - on motion to set aside, and on leave to... View More

James L. Arrasmith
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answered on Mar 9, 2024

Under California law, when filing a motion to set aside a voluntary dismissal pursuant to CCP 473(b) and a separate motion for leave to file a third amended complaint, it is generally recommended to include a proposed order with each motion. This helps clarify the relief you are seeking and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: In such case is third amended complaint is required?

Dismissal was filed by plaintiff by mistake, not because of deficiencies in second amended complaint. Third amended complaint adds new facts, relevant data and discovery issues,

In such case is third amended complaint is required?

If not - what statute defines, that proposed... View More

James L. Arrasmith
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answered on Mar 9, 2024

Under California law, when filing a motion to set aside a dismissal under Code of Civil Procedure (CCP) Section 473(b), a proposed amended complaint is not necessarily required, especially if the dismissal was not due to deficiencies in the previous complaint.

CCP 473(b) states that the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is proposed pleading required?

Plaintiff voluntarily entered dismissal by mistake of fact or excusable neglect. Plaintiff files motion to set aside dismissal pursuant to ccp 473(b). Is proposed pleading required?

James L. Arrasmith
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answered on Mar 9, 2024

In California, when filing a motion to set aside a dismissal under Code of Civil Procedure (CCP) Section 473(b), the plaintiff is not always required to submit a proposed pleading with the motion.

According to CCP 473(b), the court may, "upon any terms as may be just, relieve a party...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: What proposed pleading has to be submitted with motion to set aside dismissal?

Plaintiff voluntarily entered dismissal by mistake of fact or excusable neglect. Plaintiff files motion to set aside dismissal, pursuant to ccp 473(b).

What proposed pleading has to be submitted with motion to set aside dismissal in this case?

James L. Arrasmith
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answered on Mar 9, 2024

In California, when filing a motion to set aside a dismissal under Code of Civil Procedure (CCP) Section 473(b) due to mistake, inadvertence, surprise, or excusable neglect, the plaintiff must include a copy of the proposed pleading that they would file if the court grants the motion to set aside... View More

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