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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I'm inquiring for a friend that is 80 years old and requested my help to resolve a matter that has developed over many

His story: I had a serious accident when I was working in Los Angeles, Ca. Because of the accident I had to retire and was prescribed Vicodin to help with my pain. when I moved to Sacramento, Dr. Valdez became my doctor. He put me on 40mg of Methadone three times a day. Until recently he... View More

James L. Arrasmith
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answered on Dec 1, 2023

Under California law, patients have the right to receive appropriate and continuous medical care. In your friend's case, abrupt changes in pain management, particularly with opioids like Methadone, must be handled with caution to avoid withdrawal symptoms and to manage pain effectively.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick

Run down or a detailed from the time I went in for the surgery until when I was released to go home?

James L. Arrasmith
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answered on Nov 30, 2023

When reaching out to an attorney for a consultation regarding your surgery issue, it's beneficial to provide a detailed account of your experience. Start with a concise summary of the main points, including the type of surgery, date, and the specific issues or complications you faced. This... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How do I write up my bad surgery issue when sending to an attorney while in search a consultation? Do I send a quick

Run down or a detailed from the time I went in for the surgery until when I was released to go home?

Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

It is helpful to state:

1. The name of the doctor and the city of the practice.

2. What the doctor did wrong.

3: What future treatment, wage loss and other harm will there be due to the malpractice.

4. The date of the malpractice and the date you discovered the malpractice.

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

T. Augustus Claus
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answered on Nov 29, 2023

When a surgeon makes a mistake during surgery, it could fall under both medical malpractice and negligence. Medical malpractice is a specific type of negligence that occurs when a healthcare provider deviates from the standard of care and causes harm to a patient. Negligence, on the other hand, is... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

James L. Arrasmith
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answered on Nov 29, 2023

In California, if a surgeon makes a mistake during surgery, it may fall under medical malpractice, which is a form of negligence. Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, leading to patient harm. This can include surgical errors.... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: When a surgeon makes a mistake during surgery would this fall under a malpractice or negligence?

When a person marks the agreement box when signing before surgery and the surgeon makes a mistake does marking the agreement box cause the patient to lose their right to file a claim?

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2023

Loosely speaking, people use the terms interchangeably. As my colleagues have correctly pointed out, malpractice is a form of negligence, which is why the two words are equated semantically. As to the second element of your question, one would need to see what it was that you signed. But it's... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Idaho on
Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?

She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her... View More

T. Augustus Claus
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answered on Nov 29, 2023

Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.

To establish a medical malpractice claim, your mother...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?

If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake?

James L. Arrasmith
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answered on Nov 28, 2023

Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?

If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake?

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2023

An attorney would consult with a surgeon to answer your question, in terms of the medical standard at hand and the actual measure of damages. A law firm is going to assess those issues against the cost of litigation, namely expert medical opinions. A definitive way to answer your question would be... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks

The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the... View More

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Q: Suggestions on finding an attorney for case dependent upon tolling for fraudulent concealment/delayed discovery, in CA.

Long story short, I was victim of vehicular assault while riding a bicycle, driver fled, then I became victim of police misconduct/discrimination because I was homeless, police protected driver from prosecution, lied in report that they also refused to turn over until crim. Statute expired. But I... View More

James L. Arrasmith
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answered on Nov 24, 2023

I'm sorry to hear about your difficult experiences. In California, finding an attorney for a case involving tolling for fraudulent concealment or delayed discovery can be complex, especially given the unique circumstances of your situation.

First, consider reaching out to the...
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Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.

It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying... View More

James L. Arrasmith
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answered on Nov 22, 2023

In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California on
Q: Hi I am looking for a Medical Malpractice Appeal lawyer based in California or versed in the state laws.

Here's the situation

Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The... View More

James L. Arrasmith
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answered on Nov 20, 2023

In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation,... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

In most circumstances, pursuing Kaiser must be done through Arbitration.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
James L. Arrasmith
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answered on Nov 20, 2023

In California, you have the right to sue a healthcare provider, including Kaiser, if you believe you have suffered harm due to medical negligence or malpractice. This process typically involves proving that the care provided fell below the accepted standard and directly caused your injury or... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.

Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2023

It does not sound like it would be a strong case. Because of the costs involved in litigating med mal cases, law firms are generally reluctant to contemplate something where the potential for recovery is not strong. I'm sorry for your ordeal. It's possible other attorneys could see things... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.

Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.

Joel Gary Selik
Joel Gary Selik
answered on Nov 19, 2023

It would probably not be a viable case.

The first issue is did the doctor commit malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

The second issue...
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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

James L. Arrasmith
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answered on Nov 17, 2023

If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my

Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that... View More

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answered on Nov 17, 2023

Under California law, patients who experience complications or negative outcomes following surgery may have legal recourse if they can establish that the medical care they received fell below the accepted standard of care and directly caused their injuries.

In cases like yours, involving...
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