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Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CCP § 2030.250 (a) vs CCP § 2030.250 (c).

Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between

CCP § 2030.250 (a) vs CCP § 2030.250 (c).

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.

CCP § 2030.250 (a) states:

"(a) The party to whom the interrogatories are directed shall...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

James L. Arrasmith
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answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer... View More

James L. Arrasmith
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answered on Apr 23, 2024

In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:

1. You did not claim to be a medical professional...
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1 Answer | Asked in Gov & Administrative Law, Health Care Law and Medical Malpractice for California on
Q: Controls and Plaintiff's action against defense of fraud.

What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: How to find out what medical doctors were associated with the licence of hospice corporation?

How to find out what medical doctors were associated with the licence of hospice corporation?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2024

Medical malpractice cases can be difficult. Between the laws that protect doctors and hospitals and their insurance companies, and the nature of medical malpractice cases, not all valid cases can go forward. I suggest you continue to contact medical malpractice attorneys in the state where this... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

As I am sure you have been told, a bad outcome in a surgery does not necessarily mean that your surgeon committed malpractice.

Take your medical records to another surgeon in or near the county where you first surgery occurred and pay him/her to thoroughly review those records to determine...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently found out that I have been miss diagnosed by Kaiser Permanente.

Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?

James L. Arrasmith
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answered on Apr 19, 2024

Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:

1. The nature and severity of your misdiagnosis

2. The impact of...
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1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

2 Answers | Asked in Medical Malpractice for California on
Q: Can you provide malpractice attorney contacts in the Sacramento CA area?

Knee replacement resulted in permanent nerve damage to my foot and I'd like to speak with an attorney.

James L. Arrasmith
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answered on Apr 17, 2024

I'm sorry to hear about the complications from your knee replacement surgery. While I cannot provide specific attorney recommendations, I can offer some guidance on finding a suitable medical malpractice attorney in the Sacramento, CA area:

1. State Bar of California: Visit the State...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: What are my choices if my medical clinic chooses to dismiss me on based on unfair choices by the nurse practitioners?

I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More

James L. Arrasmith
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answered on Apr 17, 2024

It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:

1. Request your medical records: Under California law, you...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I had a lawyer for my malpractice law suit but made the mistake of giving a bad review and I was dropped. What now?

2 years gone. Never was working on my case. Never informed on what was going on by lawyer. I just wanted to know that I was still her client. So, I thought she was just leading me on and not doing anything. I did apologize but was to late. I removed the post anywhere I saw it. Did not help.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

At this point, you must continue to directly contact malpractice attorneys in the state where the malpractice occurred to see if someone will take on the case.

For other people who read this response online, note, once you complain about an attorney online or if you file a bar complaint,...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

More facts would be needed to provide information. In particular, what harm was caused by the medication and what the doctors did prior prescribing the medication.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
James L. Arrasmith
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answered on Apr 17, 2024

I'm so sorry you're going through this difficult and stressful situation. Misdiagnosis of a miscarriage and being prescribed medication that could potentially harm a pregnancy is a serious matter. Here are some steps you should consider taking:

1. Contact your healthcare provider...
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3 Answers | Asked in Medical Malpractice, Consumer Law and Health Care Law for California on
Q: Who do I report a medical provider to that hasn’t reimbursed me for overpayment? It’s been 60 days since they’ve known.

I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More

James L. Arrasmith
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answered on Apr 17, 2024

I understand your frustration with not receiving your reimbursement in a timely manner. Under California law, health care providers are required to reimburse overpayments within 180 days of receiving notice of the overpayment (California Health and Safety Code Section 1371.1). However, many... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: In this scenario, can motion to set aside dismissal of case be served by mail?

Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.

When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.

If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the...
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2 Answers | Asked in Medical Malpractice for California on
Q: Motion to Set Aside Dismissal against defendant in a medical malpractice case. Type of service of process.

If dismissal against a defendant was entered specifically in the medical malpractice case, can Motion to Set Aside dismissal, pursuant section 473(b) be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, the method of service for a Motion to Set Aside Dismissal in a medical malpractice case depends on the specific circumstances of the dismissal and the case's procedural history.

Generally, if the dismissal was entered by the court and the defendant has not yet...
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