California Medical Malpractice Questions & Answers
Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?
I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »
Go get your $300 back.
Q: My 18-yo son may have been hurt by a research study. Does the institution have any responsibility for his med care?
We are in California. As part of a study on treating youth with growth issues, my son was given meds typically used by breast cancer patients. He was on the meds for approx 2 years. 2 years later he developed Spondyloarthritis and faces a lifetime of issues with his hips and back. We have reason to... Read more »
much more info needed.
With law you have to prove your allegations. When you have proof, even then a judge or jury may not agree or there might be a statute of limitations issue.
There is also the issue of what agreement you signed since it was experimental.
this is not the... Read more »
Q: What is the process to delete the medical records from a specific facility?
I suffered a TBI. I am in civil litigation. I have a Neurologist and Primary. I've had a neuropsychology evaluation. Recently I reached out to the county mental health from the anxiety and they referred me to a facility called Momentum. I specifically asked for a Psychologist who has TBI specialty.... Read more »
There is no such process of which I am aware. You have a right to add a note to your records. You have a right to file a complain with the Board of whatever license the clinician had. You have a right to move to exclude evidence of the diagnosis at trial and/or to impeach the clinician under... Read more »
Q: I am in search of someone that can help me obtain the medical records of my deceased wife. I believe she died unjustly.
I believe that the doctor (s) in charge let her pass by stopping her CPR treatment. I know there is a term for it - slow something or other.
You can go to the medical records department of the hospital, assuming that is where she was, and fill out the form to request the records. Make sure that you check all of the boxes for every different type of record (progress notes, nurses notes, physicians order, medication administration,... Read more »
Q: its regarding patient care , hospital already compensating for property being lost, but can i go with medical claim too
passed away person phone is at hand with sighs of unfair treatment
There aren't any facts in your post to evaluate whether a malpractice claim is even possible. You will need to contact a malpractice attorney to discuss this in detail. Such claims cannot be evaluated over the internet.
Q: I been implated with several nano & microchip devices in my head and eyes by ceder sinai without knowledge or consent.
I have proof and the microchip in my head is an antenna that works as a receiver for the nearest transmission towers witch is bringing a microwave radio signal to my ears and all i hear is harassment, insults, death threats 24\7 its been making me sick and its very painful and it made me cry... Read more »
Your psychiatrist has medications that stop the microwave radio signals.
Q: 1st workers comp Dr never set my broken finger and I saw him twice for a total of 3 minutes. After a month I saw 2nd Dr
The 2nd Dr has to break and reset my knuckle and finger because it healed in the wrong position. Do I have a malpractice case against the 1st Dr
Malpractice is distinct from workers compensation. You must speak with a different type of attorney. I suggest you contact the local bar association. Medical malpractice is a very complex field and most likely, given the nature of your injury, you will have a difficult time finding an attorney... Read more »
Q: can I sue for medical malpractice a wound that won't heal due to the negligence of hospital staff over 40 years ago?
1977 at age 17, i was in a motorcycle accident and suffered several injuries. i was in traction & a sponge was placed under the bracket that rested on my shin & never was checked or changed for at least 10-12 months while i was in traction. when they finally removed the traction, they noticed the... Read more »
You are well past the statute of limitations for something that happened 40 years ago. In California, a medical malpractice lawsuit must be filed no later than three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have... Read more »
Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me
then had an emergency procedure at sutter they gave me medicence i am allergic to, they strapped me in bed have pix to show bruises. how does hospital not give me my own files?? how they give me wrong medicene, both uc davis who deformed me n refuse me my paperwork, and sutter which give me... Read more »
You are entitled to your medical records. You are not entitled to the internal investigation.
Q: If you tell a doctor you think they overlooked a medical condition what should they do.
Individual doctors could handle the information differently. Some might order tests based on the new information. Some might include the information in their chart notes. Some might make a mental note of it or mention it to other treating staff. It could depend on the doctor, the scope of the... Read more »
Q: , my boyfriend is being accused of assault on a empoyee form the Sjch in stocktyon. No assault was committed
I was in between my boyfriend and the hospital staff the day in question and his release date from the hospital . And no assault was committed . What do I do?
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest... Read more »
Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?
more info needed.
if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.
if no one takes it that is a clue that the case may not be that strong.
call more lawyer
Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.
This was at a urgent care. Is that medical malpractice and can I file a law suit with the info given?
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of... Read more »
Q: Can I suse a doctor for misdiagnosis?
On October 26 I went to urgent care in San diego. The doctor and a student doctor saw me. I thought I got bite by a spider but he just look at it and said no you have cellulitis he never did a cultural on it even after my sister in law,ask him. You give me antibiotics and said it should heal in a... Read more »
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do... Read more »
Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe
I got a copy of the X-rays taken that night and it’s broken.. 2 days later I went to another hospital did X-ray and it’s broken.. I need surgery on my toe .. what can I do
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?
Uncle admitted to hospital 12/11/18, then dies of kidney failure on 12/20/18, County Coroner calls us on 1/08/19 and tells us the report from hospital reads "No Family". Our family has been trusting this hospital for over 50 years, his sister died there 6 months ago which is how the coroner found... Read more »
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin.... Read more »
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... Read more »
You should be asking Kaiser and the care facility in Oakland these questions.
Q: Is there any law for allowing an accused child molestor to continue working as a medical provider?
STORY: Parent informed police and school after 2nd incident. School says did not allow him back on campus after notified. Third incident started civil procedures, active restraining order, and acuser off by attorney. Would'nt that make him a type of child predator?
Anyone can make an accusation; making an accusation doesn't mean the thing is true, however.
Even someone convicted of child molestation may continue to ply their trade or work in their profession if the person has paid the penalty for their conviction, so long as the public is not in any... Read more »
Q: Do negligent dental injuries fall under the laws relating to medical malpractice?
Yes, they do.
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