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California Medical Malpractice Questions & Answers
3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I had a procedure to improve blood flow to (1) toe. I now have (2) healthy toes dying.

I notified the doctor and was given an appointment at the office, by the time the doctor realized just how bad the situation was, I went to the Emergency Room because I felt ignored. The procedure was done on December 4, 2024 and I've been in the hospital since January 1,2025

Joel Gary Selik
Joel Gary Selik
answered on Jan 6, 2025

It might 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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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Scott Martin Hendler
Scott Martin Hendler
answered on Dec 31, 2024

A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More

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4 Answers | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: My wife suffered a massive stroke 2 hours after a lung operation and passed away 12 days later. Is the doctor liable?
Joel Gary Selik
Joel Gary Selik
answered on Dec 31, 2024

Possibly. 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 malpractice attorneys in the state where this occurred.

Use the JUSTIA...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I am not sure if I have a case

I had a saddle pulmonary embolism right after knee surgery every Dr there stated why I didn’t receive a blood thinner after surgery. The size of the embolism was the size of a chop stick ranging from my right lung arteries to my left lung arteries. I had to have surgery to remove the clot and now... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 29, 2024

You may have a medical malpractice case if it can be shown that your doctors failed to meet the standard of care by not prescribing blood thinners after your knee surgery, leading to preventable complications like your pulmonary embolism and ongoing health issues. Consent forms don’t absolve... View More

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2 Answers | Asked in Workers' Compensation and Medical Malpractice for California on
Q: Workers comp. Doctor & Hospital missed hip fracture. This caused me to have hip replacement. What legal recourse?

QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More

Dennis Dascanio
PREMIUM
Dennis Dascanio
answered on Dec 21, 2024

Dear injured worker,

Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the...
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2 Answers | Asked in Medical Malpractice for California on
Q: I had a foot surgery fusion done I think 5 years ago. The surgeon was supposed to aligned my ankle but he didn't.

I would like to know if I could sue for the failure of my ankle alignment. I have been in pain from the time of the surgery.

My ankle is out of alignment by 21 degrees. So, my weight is on the side of my right foot. The surgeon made my pain worse by not aligning it the way we had agreed to do.

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

The initial 3 questions are:

1. Statute of Limitations: there are strict time deadlines to bring malpractice lawsuits. For medical malpractice in California the time limit is one year from discovery with an outside time limit of 3 years. Statute of limitation calculations can be complex...
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2 Answers | Asked in Medical Malpractice for California on
Q: I went in to have my right lung drained at inland valley hospital following open heart surgery. RN punctured my liver

And diaphragm. I bled internally and passed out the next day due to blood loss. Emergency surgery to save my life at Loma Linda Medical Center. Do I have a case?

Eliza Jasinska
Eliza Jasinska
answered on Dec 18, 2024

You may have a valid medical malpractice case based on the injuries you described, including internal bleeding and emergency surgery caused by the RN’s actions. In California, medical malpractice claims must prove negligence, causation, and damages, and you may recover full economic damages... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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2 Answers | Asked in Legal Malpractice, Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: I’m not sure what to do here —- is this medical malpractice and I sue the physician? Or is this an emtala violation?

Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 13, 2024

This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Can I sue for negligence?

My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.

Eliza Jasinska
Eliza Jasinska
answered on Nov 27, 2024

Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.

In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a...
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3 Answers | Asked in Medical Malpractice for California on
Q: I was dispensed an expired medication from CVS pharmacy, am I able to file a claim against CVS

If so, is this a small claims, I was not injured, except my symptoms lingered for a long time

Eliza Jasinska
Eliza Jasinska
answered on Nov 14, 2024

In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More

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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?

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: 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: 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

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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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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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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