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California Medical Malpractice Questions & Answers
3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: Can i sue if i got a pacemaker that caused anothter serious problem and almost killed me on top of never needing it?
Joshua Kroot
Joshua Kroot answered on Oct 8, 2020

You very well may have a case if the facts are as you describe. You may also be able to work out a contingency fee with an attorney to represent you so that you don’t pay anything to bring the suit unless you win or get a settlement in your favor. It probably bears speaking to an attorney about... Read more »

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1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... Read more »

2 Answers | Asked in Medical Malpractice for California on
Q: Is this medical malpractice/negligence/ breaking a law? : I was referred to a bone specialist for ongoing wrist pain

from a fracture a year ago. Recent x-rays showed a positive ulnar variance. The specialist I was referred to told me that ulnar variance isn't the problem. When I questioned this opinion, he told me to do a follow up appointment with him and bring the x-rays from the original wrist fracture.... Read more »

Robert Dourian
Robert Dourian answered on Sep 18, 2020

If you are asking if you have grounds to pursue a Medical malpractice case, the answer is I don't know. The only way to determine if there is a claim to be made is by taking your records, and your facts over to a qualified specialist in the same filed of medicine, and have him or her answer... Read more »

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2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

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2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is it still possible to file a medical malpractice lawsuit even though it's been 3 years since the injury (surgery)?

I had surgery in 2017 to repair a rectal prolapse and have suffered from pain and incontinence ever since. The surgeon who did the procedure left the state (California) 6 months after the surgery. Since then I have been trying to find out what's wrong but it hasn't been easy. My PCP... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jul 27, 2020

You might be able to take some action but you need to schedule an appointment with an experienced MedMal attorney. The doctor most likely had insurance at the time of the surgery which would apply even though he moved. Also his employer may have had insurance if he worked in a group. A good... Read more »

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1 Answer | Asked in Medical Malpractice for California on
Q: hives outbreak for days after allergy test when allergist denies any possible connection.

EDIT: It seems like by mere virtue of posting this question on this site a lawyer responded to the implied objective of suing the allergist instead of professional speculation which is what I was actually looking for. If it weren't for the word count limit I might have tried to make it more... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 22, 2020

Very sorry to hear about your condition. The fact that no other doctor would take a "hardline" that the allergy test caused the outbreak is a warning that this will be very difficult to prove. Suggest you consult a dermatologist to see if there is a clear connection. You need to... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Are there low cost lawyers to hire for a medical malpractice case for fees?

I am trying to hire a lawyer to represent of assist with a medical malpractice suit against Walgreens Company for failure to follow proper procedures violating my right to privacy and release of PHI, then retaliating during my cancer treatment and continuing

Maurice Mandel II
Maurice Mandel II answered on Jul 13, 2020

Many attorneys would take a case based on unlawful disclosure of your medical information on a contingent fee basis where you would not have to pay fees or costs upfront. It would be best if you would check the Californian Judicial Council form FW-001 to 003 to see if you qualify for fee waivers... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Are non-medical organizations bound by HIPPA law?

If say “jim” is exposed to COVID-19 and tells HR can HR tell “jim’s” co-workers that “jim” was exposed to COVID-19 or would that be a HIPPA violation?

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

It is not legal for an employer to disclose confidential medical information about an employee. The employee would have claims against the employer under a number of laws, possibly including HIPPA. It would depend on the circumstances, clearly just blabbing it to co-workers is not allowed. The... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue the dr who worked in the ER for ripping my retina open and making me blind in my left eye?

I went to the ER a couple years ago because the stitches in my left eye that I had from a corneal transplant came undone and my cornea was barely hanging on my eyeball. The dr in the ER refused to give me any pain medication until after they were positive I wasn't pregnant. However the nurse... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

Would make an interesting Law Exam question. The first issue you raise is whether you can still bring any kind of case on a Professional Negligence claim because this happened "a couple of years ago." You need to discuss all of your facts with a Medical Malpractice attorney in your area.... Read more »

2 Answers | Asked in Consumer Law and Medical Malpractice for California on
Q: What does this mean in a settlement

The Consumer Settlement reached between California and Teva, which provides for monetary compensation to California’s Eligible Consumers in the amount of $25,2500,000 and injunctive relief through February 21, 2029, in exchange for, inter alia, the release and dismissal with prejudice of all... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 2, 2020

It means:

The math must be wrong, as no such number exists: $25,2500,000

AND it means IF you are a proposed member of the class, you MUST

reach out to the class counsel asap for direction...

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Hello, my new dentist took out a crown and said I needed a root canal retreat and ordered a new crown.

I saw the doctor that does root canals after and he said it was actually the tooth next to it that was infected and the one she took the crown off doesn’t need a retreat. I prepaid for that new crown and I am going to get it put on Friday and plan to ask for a refund because she made a mistake. I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

You can sue the dentist for dental malpractice, in small claims, but there are 2 things that you MUST do:

1. You must send a letter (Certified, RRR) to the dentist advising what you intend to do and stating the amount of your demand (don't forget pain and suffering damages) at least...
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1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue the birth control company Nexplanon for emotional distress?

It does not state anywhere in the warning that the birth control could lower my hormone levels greatly after removal. After testing, doctors were convinced that I was infertile and guaranteed me that the birth control could not lower my levels to a point that makes it seem infertile. They said it... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

A California attorney could best advise, but your post remains open for three weeks. I'm sorry for your ordeal. What you describe could be more a product liability case than a med mal case. A med mal cause of action would be based more on a breach of a medical duty of care, while a... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: I had surgery in Ventura county, is that the county Where I need to file a malpractice Suit?
Tim Akpinar
Tim Akpinar answered on Jun 17, 2020

A California attorney should advise here, as your question involves as aspect of procedural law. But your post remains open for four weeks. Until you are able to consult with a California attorney, as a general matter, the location of where the claim arose is almost universally a basis for venue... Read more »

1 Answer | Asked in Medical Malpractice and Consumer Law for California on
Q: Plastic Surgeon Refusing to Return $15,000 Payment Despite Surgery Not Taking Place

I received a quote for a cosmetic procedure during a consultation and signed a document acknowledging all procedures are non-refundable.

I was scheduled for surgery only 6 days prior to the operation and was hastily asked to pay the full balance ($15,000). I did. After that, I received the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

This is a terrible situation for you. Nothing is truly "NON REFUNDABLE" The first thing I would do is to send a letter that clearly states you are "RESCINDING" the contract with the surgeon, ASK FOR A RETURN OF YOUR MONEY.

The amount you are owed exceeds the $10,000...
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1 Answer | Asked in Medical Malpractice and Consumer Law for California on
Q: Plastic surgeon refusing to return $15,000 payment despite surgery not taking place

I received a quote for a cosmetic procedure during a consultation and signed a document acknowledging all procedures are non-refundable.

Approximately 6 months later, I proceeded with scheduling the surgery. I was scheduled for surgery only 6 days prior to the operation and was hastily... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

This is a terrible situation for you. Nothing is truly "NON REFUNDABLE" The first thing I would do is to send a letter that clearly states you are "RESCINDING" the contract with the surgeon.

The amount you are owed exceeds the $10,000 limit of Small Claims or you could...
Read more »

1 Answer | Asked in Small Claims, Consumer Law and Medical Malpractice for California on
Q: I am in need of help disputing a dental bill. I am of the notion that I already paid my fair share
Tim Akpinar
Tim Akpinar answered on May 25, 2020

These types of cases can sometimes be difficult, since it appears that you paid out of pocket for services rendered. It would be easier to evaluate services submitted to insurance companies for reimbursement, where you could look line by line at each procedure and its code. The best you could do is... Read more »

1 Answer | Asked in Civil Rights, Elder Law, Health Care Law and Medical Malpractice for California on
Q: Does a doctor need an adult-patients consent to give them an anti-depressant?

Hello,

I am 64yo was in a hospital being treated for intestinal issues for a few days by an Internal Medicine MD I do not know and barely spoke with and today the nurse came in my room to give me medications which included four new capsules. I found out they were anti-depressants and they... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 18, 2020

You are not required to take any medications you have not first discussed with a physician. Also, if the antidepressants were not prescribed by a treating psychiatrist, I would seriously question why they were prescribed and for what symptoms, and what diagnosis justifies the prescription.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Medical Malpractice for California on
Q: Is there a lawyer willing to contest the veracity of the false claims that are trampling our 1st ammendment rights?

Looking for a probono lawyer willing to research and contest the fact that covid 19 is not contagious (there is proof) ... and even if it were, the numbers are unwarranted for this illegal quarantine, and that we are all being unlawfully detained and deprived of our first ammendment rights.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 8, 2020

There is no chance at all. This is a public hazard to health and welfare of all people. The state has the duty to comply with the national emergency, and all people residing in the State of California are obligated to comply with the orders which have lawfully been given.

My research of the...
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