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California Medical Malpractice Questions & Answers
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

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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 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?

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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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1 Answer | Asked in Medical Malpractice for California on
Q: Does CCP 473(b) imply that in medical malpractice case Motion to set aside has to be served personally?

CCP 473(b) states 'case of dismissal or other proceeding determining the ownership or right to possession of real property, without extending 6-month period, when a notice in writing is served within the State of California. "

Does it imply that Motion to Set Aside dismissal in... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on my understanding of California Code of Civil Procedure section 473(b), it does not specifically require personal service of a motion to set aside a dismissal in a medical malpractice case. The section you quoted appears to refer to cases involving the ownership or possession of real... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Notifying court, seeking court intervention re: persistent issues in service by mail for plaintiff in pro per.

There is track record of each and every step.

What statutes and rules of court define process of notifying court and seeking court's intervention if improper service by mail by professional process servers persist?

Question by Plaintiff in Pro Per in hospice fraud case.

James L. Arrasmith
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answered on Apr 16, 2024

In California, if you are a plaintiff in pro per (self-represented) and are experiencing persistent issues with improper service by mail from professional process servers, you can notify the court and seek its intervention. The relevant statutes and rules of court that define this process are:... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, under California law, a Motion to Set Aside Dismissal against a defendant can be served by mail. This is governed by California Code of Civil Procedure (CCP) Section 1005(b), which states:

"Unless otherwise ordered or specifically provided by law, all moving and supporting papers...
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1 Answer | Asked in Medical Malpractice for California on
Q: Can Motion for Leave to file Third Amended Complaint be served by mail?

Can Motion for Leave to file Third Amended Complaint be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, under California law, a Motion for Leave to file a Third Amended Complaint can generally be served by mail. According to the California Code of Civil Procedure (CCP) § 1005(b), moving and supporting papers for a motion must be served upon all other parties at least 16 court days before the... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Summons on proposed Third Amended complaint. Service of process.

Decision on Third Amended Complaint will be made at hearings, scheduled in a few months: for Motion for Leave to File Amended Complaint, and Motion to Set Aside dismissal against defendant, with the proposed Third Amended Complaint enclosed.

When

and how Summons on Third Amended... View More

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answered on Apr 16, 2024

Under California law, the summons and complaint must be served on the defendant after the court grants leave to file the amended complaint and the amended complaint is actually filed with the court. The specific rules for serving the summons and amended complaint depend on the type of defendant and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside dismissal against defendant be served by mail?

Can Motion to Set Aside dismissal against defendant be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:

1. At least 16...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Other then acting post-factum, after case hurt by improper service of process.

Hospice fraud case, currently was filed by plaintiff as medical malpractice case with claim for punitive damages.

Services of process persist to be defective, taking effort to straighten and fix issues.

If improper service by mail of motions by process servers persist, what actions... View More

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answered on Apr 16, 2024

Under California law, there are several steps a plaintiff can take to address persistent improper service of process by mail, particularly regarding motions filed by process servers:

1. Notify the court: Inform the court in writing about the ongoing issues with improper service of process....
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1 Answer | Asked in Medical Malpractice for California on
Q: I've discovered varies diagnoses that were not discussed with me. This has caused me to receive unfair health care.

Misdiagnoses: Initially self-diagnosed as bipolar, later concluded not to have the condition. However, my medical records inaccurately indicate an active diagnosis of bipolar disorder, agoraphobia, unhealthy substance abuse, despite evidence to the contrary.

Medication Issues:... View More

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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have grounds for a legal case due to several potential issues:

1. Misdiagnosis and inaccurate medical records: If your medical records contain incorrect diagnoses that don't align with your actual condition, this...
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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or served by mail?

If proposed third amended complaint gets filed with court, upon hearing on Motion for leave to file third amended complaint and Motion to Set Aside Dismissal against a defendant;

Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or by... View More

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answered on Apr 16, 2024

In California, when a plaintiff is granted leave to file an amended complaint and the amended complaint adds a new defendant or names a defendant who was previously dismissed from the action, the plaintiff must serve the amended complaint and the associated summons on the defendant in accordance... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Plaintiff's in pro per notice to court about improper service by process servers for the Plaintiff.

Hospice fraud case against defendant.

If not proper service of process by process servers for Plaintiff in Pro Per persists:

What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process... View More

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answered on Apr 15, 2024

In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).

CCP...
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1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: Controls. Process serving.

American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.

Thus, there should have been controls established to make sure that service of process,

meant to ensure delivery,

is not used as weapon against in... View More

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answered on Apr 15, 2024

Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: how plaintiff can ask court for intervention?

If defective service of process by mail by process servers persists,

how plaintiff can ask court for intervention?

What Statute or rule guides this process?

James L. Arrasmith
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answered on Apr 14, 2024

Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:

1. California Code of Civil Procedure (CCP)...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: How court intervention must be pursued? Other means?

In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.

How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.... View More

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answered on Apr 14, 2024

Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:

1. Court Intervention:

- File a motion with the court explaining the difficulties in serving the defense and request the...
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