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California Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Having problems finding an attorney. Is this not a case?

I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.

During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More

Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: During an ER visit for vertigo at the ER, I was left unattended to use the restroom and fell and broke my fibula

I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 31, 2024

Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

I'm sorry to hear about your loss. Pursuing a medical malpractice claim for wrongful death in the case of a miscarriage can be complex. Under California law, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages for medical malpractice claims to $350,000 for injuries... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Joel Gary Selik
Joel Gary Selik
answered on Oct 27, 2024

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 lawsuits, the extent of the anticipated potential recovery will affect the viability of the case....
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3 Answers | Asked in Medical Malpractice for California on
Q: If a person was given too much radiation is there grounds for a lawsuit

A doctor order extreme radiation treatment and now the person is unable to function

Joel Gary Selik
Joel Gary Selik
answered on Oct 24, 2024

A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.

Standard of care means the degree of care and skill of the average health care provider of that type of doctor.

A bad outcome is not enough. Another doctor would be needed...
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3 Answers | Asked in Medical Malpractice for California on
Q: Do I retain a lawyer to achieve a settlement?

I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2024

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses, the type of malpractice, and the strength of witnesses and evidence. Not all malpractice cases... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Do I retain a lawyer to achieve a settlement?

I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire a lawyer for your case, as medical malpractice claims are complex and require legal expertise to prove negligence and obtain fair compensation. Your situation involves a misdiagnosis and an unnecessary surgery that led to permanent health consequences, making it essential to... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can I file a lawsuit for a doctor falsely updating my medical records?

Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Went in for Colonoscopy and had my kidney puncture got sepsis

This is on my chart?

Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023

Feels tired and has blood tinged urine and pain

DC on pain meds

Joel Gary Selik
Joel Gary Selik
answered on Oct 7, 2024

This can happen during a colonoscopy with or without 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.

Consult with experienced medical malpractice attorneys in...
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3 Answers | Asked in Medical Malpractice for California on
Q: Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.

Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2024

It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I hurt my back. I got a epidural shot. I week later I couldn't walk. I had a abscess on my spine. Can I sue?

I got emergency surgery. My right leg is still numb. I can't back to work.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

I'm sorry for your ordeal. You could always sue. But the question is really whether it is a case that a law firm would handle on a contingency basis. Answering that meaningfully would depend on a firm's decision, usually based on their review of some form of surgical records and medical... View More

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3 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: I have Triple bypass surgery that could be avoided if my doctor refers me to Cardiologist . Is my doctor liable?

My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would... View More

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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I went through a bad experience in a hospital / care center went to when I was sick November of 2022 through April 2023

I been looking for a lawyer but they said I need a specific one a lawyer told me about this website to try it out and hopefully I find one

.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

Your friend may have been talking about the section here for searching for attorneys by region and practice area. It's the tab above labelled "Find a Lawyer." You could supplement your own independent attorney searches with that. You could also look into the attorney referral... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

I'm sorry this has happened to you. You could reach out to attorneys to arrange a consult, but the standard of care for emergency rooms reflects the circumstances. Emergency rooms generally involve care that takes place in a fast-paced and high-volume setting - different than that of... View More

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4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Robert Kane
Robert Kane
answered on Aug 12, 2024

Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of... View More

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2 Answers | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for California on
Q: Does my boyfriend have a case?

My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 3, 2024

And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with.... View More

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