I'm sorry to hear of your husband's conditions that apparently weren't treated properly. To establish a valid malpractice case, you will need to have a qualified medical expert confirm that your husband's treating providers did not perform treatment that met the applicable... View More

To establish medical malpractice, you must prove Kaiser had a duty to meet the standard of care, breached it by not evaluating the symptoms correctly, caused the delay that led to the death of your grandmother, and resulted in significant damages, including medical costs, pain and suffering, and... View More

Why would a doctor knowingly misrepresent a patient's health status as terminal? Would this be insurance or Medicare fraud? If yes, it is unlikely the patient would have a viable case since the patient's actual damages would be relatively minimal compared to the insurance provider or... View More

There are several areas of potential liability. There is the failure to provide appropriate information and to obtain informed consent. There is also a question of if the health care providers breached the standard of care in removing the gallbladder. Even if a complication is a known complication,... View More

The first issue in determining whether a medical malpractice case is viable is the Statute of Limitations, which in CA is either one year from the date of the action constituting malpractice or 3 years from the date of the discovery of the malpractice.

The next issue is determining whether... View More

Yes you can.

Where the medical staff failed to meet the standard of care, there is a claim.

In order for such a case to be viable, the harm caused but be sufficient to warrant bringing a lawsuit. For example, if the failure to treat caused additional harm such as the jaw being... View More

The first issue with filing a medical malpractice suit is the statute of limitations that will bar your claim if filed too late. In CA, you have 1 year from the date of discovery of the malpractice or 3 years from the date of the malpractice, whichever comes first. Since you have a limited time to... View More

It could be. 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.

Additionally, the harm caused by the malpractice, as opposed to what would have occurred without the malpractice.

To establish medical malpractice, you must prove Kaiser had a duty to meet the standard of care, breached it by not discussing screening despite evidence like a 2020 Kaiser study showing PSA screening reduces deaths by 64%, caused the delay that led to your stage 4 diagnosis with a 34% 5-year... View More

Klaus Gottlieb Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025

You can’t use a power of attorney after someone dies. Instead, your mother’s husband—as her next of kin—can authorize you as his personal representative to request her medical records.

Here’s what you’ll need:

• A death certificate

• A signed authorization... View More

There are many aspects of bringing a malpractice case. The first is an analysis by an experienced malpractice attorney. The attorney will determine if it appears the doctor acted below the standard of care (a medical expert will need to be consulted for a medical opinion). Here, blocking the... View More

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2025

Dear injured worker,

Thank you for reaching out. Since you previously settled your workers’ compensation claim, that matter is closed and no longer within the scope of workers’ comp benefits. However, if your current issues are due to failed hardware from your 1996 surgery, you may have... View More

Yes this may be a malpractice case. If the doctor's failure to test/diagnose was below the standard of care, that establishes the initial requirement. In addition to breach of the standard of care, it must be established what damages, more likely than not, where caused by the malpractice.... View More

If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More

One issue that makes medical malpractice difficult to pursue, even where, as in your situation, it appears the doctors breached the standard of care (professional negligence), is the time and expense of these type of cases combined with the laws that protect doctors and their insurance companies.... View More

You have two potential grounds for a malpractice lawsuit.

First, cutting the cervix might be a breach of the standard of care. This needs to be confirmed by a medical expert.

Second, the failure to obtain informed consent can be a basis. An expert would need to analyze the... View More

It certainly appears that you may have a valid medical malpractice case, which will be dependent on whether the provider's actions at urgent care fell below the standard of care for such medical providers. You only have a limited time to file a lawsuit for malpractice, so it is important to... View More

You may have a case for malpractice and wrongful death.

The prescribing of medication in combination where is it contraindicated may be malpractice. What would be needed is a medical doctor expert to testify that prescribing those medications in combination, in this situation, was both... View More

Yes this could warrant a malpractice case. While it is possible that a surgeon may be able to go beyond the consent if the need arises during surgery, this does not appear to be the case here. Further, there is a question as to the doctor's competence due to his health situation which may... View More

A bilateral ampulla fimbriectomy is a specific type of bilateral tubal ligation. There are a few different commonly used procedures all of which fall under the more general description "tubal ligation." The expected outcome, risks, and results are the same. You should consult with a... View More