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California Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice, Personal Injury and Health Care Law for California on
Q: Isn't this Medical malpractice OR Gross Negligence? An extravasation from armpit to elbow, so damaged lost use of arm.
Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2021

much more info is needed.

what you are asking is similar to calling a doctor over the phone and explaining you have a headache.....and asking what is wrong.

when did this happen?

are they are doctors who have said this was malpractice?......that is what you need.

1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
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1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: EMT could not perform job detail and worsened my injury

after 2 calls to 911 and aprox. 25 min, 2 5 foot female EMT and one firefighter arrived. I live 5 blocks from firehouse. the ambulance came from another county two towns away. They never gave me medical attention on site. they pushed and nudged my shoulder to get up and walk to their gurney, which... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear that your medical condition caused you pain. What you have is a potential "Governmental claim" and you should seek the assistance of a local Personal Injury attorney. You have a limited time to file a "Government claim form" against the agency that provided the EMTs.

1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

2 Answers | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 8, 2021

A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in... Read more »

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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: How do i prove Medical Malpractice from the VA Medical Center?

I was discharged from active duty some years ago because of a congenital heart defect. I was being seen at the VA scheduled to have open heart surgery. A new physician arrived and delayed my surgery, fail to perform tests, interfered with my second opinions and other medical care and did not take... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 26, 2021

MORE INFO NEEDED

YOU SHOULD WRITE OUT ALL THE DETAILS AND MAKE A FREE CONSULTATION WITH A LOCAL MED MAL LAWYER AND NOT ACCEPT WHAT A LAWYER ONLINE WITH LITTLE INFO SAYS.

HOWEVER, REMEMBER, YOU NOT ONLY HAVE TO PROVE THE DOC ACTED BELOW THE STANDARD OF CARE BUT IN ADDITION THAT YOU...
Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for California on
Q: (COVID-19) Emergency Rule 9 California - "Tolling" Statute of limitation.

Dental malpractice was committed on 02 JUL, 2020 and the limitation will be expired on 02 JUL, 2021. When will it be expired using Emergency Rule 9 California?

Dale S. Gribow
Dale S. Gribow answered on Jun 5, 2021

INSTEAD OF POSTING HERE, YOU SHOULD SET UP A CONSULT WITH A LOCAL DENTAL MALPRACTICE ATTY.

YOU MAY HAVE ALREADY FOUND THAT IT IS VERY DIFFICULT TO FIND A LAWYER WHO WILL ACCEPT ONE...........THERE ARE A FEW LAWYERS, WHO ARE ALSO DENTISTS, BUT IT IS THE HARDEST OF ALL AREAS OF MALPRACTICE IN...
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4 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: How do I prove a pharmacist did not fill my prescription correctly and as a result I have permanent repercussions

Yes I have been permanently affected due to his negligence but I have no money for a lawyer

Theodore Allan Greene
Theodore Allan Greene answered on Apr 27, 2021

Both previous answers are good. Your doctor (or a paid expert doctor) has to confirm that your prescription wasn't properly filled and that caused the repercussions you suggest. Sit down with a good attorney right away and save the medicine you claim is not correct.

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: is there a whistleblower reward available for reporting insurance fraud in california?

a business is allowing a doctors office to “recruit” patients on its premises. one of the managers is receiving a referral bonus (cash) for every employee that goes and has any procedure (bonus is from the dr office not from the employer). on top of that the doctors office offering new... Read more »

William John Light
William John Light answered on Apr 22, 2021

Insurance fraud is a crime, so contact the police. You can also contact the Medical Board, which licenses and disciplines physicians. dca.ca.gov/consumers/complaints/medbd.shtml

You can also retain an attorney to file your own lawsuit against the medical providers under the Insurance...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Had an incident with my family an I earlier this month at st Joe's hospital with the staff giving my wife covid I think

had a baby there the 27th the dr. Allowed 6trainees into our room to be educated on my wife without her permission to do so n each time the dr checked her dilation about 3-5 others would have there hands inside her also being to see her dilation they also gave her a epidural she said was not placed... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 20, 2021

MUCH MORE INFO NEEDED AND CONGRATS ON THE BABY

THIS IS NOT A FAMILY LAW QUESTION. IT IS A MEDICAL MALPRACTICE QUESTION AND I DON'T HANDLE THOSE CASES.

HOWEVER, TO PREVAIL YOU WOULD HAVE TO PROVE AND NOT THINK OF WHY/HOW SHE GOT IT.

YOU WOULD PROBABLY WANT A MEDICAL...
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1 Answer | Asked in Arbitration / Mediation Law and Medical Malpractice for California on
Q: Why do lawyers not take medical arbitration, unless there is complete paralysis or loss of limb.

Is there a amount that is minimum for lawyers to break even on a case.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 19, 2021

The short answer is that the medical industry convinced the Legislature to pass laws stacking the deck in the industry's favor and against patients and their attorneys. Even without special laws, these types of cases require a great deal of time and financial investment. Virtually 100%... Read more »

1 Answer | Asked in Health Care Law, Libel & Slander, Medical Malpractice and Personal Injury for California on
Q: Can a Hospital remove and seal your medical records from you and a lawyer and the courts?

I am a victim of the Talc Powder lawsuits. I underwent a total hysterectomy, there were post operative complications. The doctor who preformed the surgery was brought up on 2 malpractice lawsuits that I knew nothing about. Resultantly being fired from the hospital and loosing the benefit of... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

your lawyer should address this issue for you.

it is not something you should be responsible for doing.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: if someone went through chemo and ending up kick out

my wife had Lymph done brutal chemotherapy at City of Hope California Durate those place they treat my wife horrible even those my wife and I are disability as deaf. in 5 year my wife made it through but not the same person that I know so in two year have been checking on her making sure her cancer... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 14, 2021

A California attorney could advise best, but your post remains open for three weeks. I'm sorry for your wife's and your ordeal here. It would be difficult for an attorney to advise based on the description here - it appears to be a complex matter that took place over a long time period.... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue my orthodontist for not properly doing their job?

I have been paying for my sons braces now for quite some time, he was only suppose to have the braces for 18 months. He’s had them on for about 4 years now. My contract includes them fixing broken brackets and fixing anything else that might happen which I pay for. My son hasn’t been to that... Read more »

Robert Dourian
Robert Dourian answered on Feb 11, 2021

If you can get another orthodontist to say your son's orthodontist acted below the standard of care and negligently harmed your son, then unless your son is over 18 years of age, you can file a lawsuit for malpractice on behalf of your son, as his Guardian ad litem. California has a 1 year... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: My husband was in hospital and i would like a lawyer to look at his records

Medical malpractice

Tim Akpinar
Tim Akpinar answered on Jan 22, 2021

A California attorney could advise best, but your post remains open for a month. At this point, you could repost your question in the Medical Malpractice category. But because this is more of a Q & A Board than an attorney referral service, you may get the same results again.

Another...
Read more »

2 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: Hello there , Is there any path of legal options on a sepsis death of a 64 year old from a heart valve replacement ?
Gerald Barry Dorfman
Gerald Barry Dorfman answered on Jan 5, 2021

Yes. It begins with expert opinions that the "standard of care" was violated, and that that violation legally "caused" the death.

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3 Answers | Asked in Animal / Dog Law, Medical Malpractice and Small Claims for California on
Q: Hi I had taking my female mix labrore. retreiver in for xrays and asonicgram soon as I got their they came out with gu

By law Ithe vets cant keep me from being with my pet at they exam yeah well the did and they did not want to give her back and called police on me his my witness he was shocked how they treated me and was very worry about me driving home

Wen he realised they just killed my dog and by law... Read more »

William John Light
William John Light answered on Dec 21, 2020

I've never heard of the law that says that you cannot be excluded while the vet is examining your dog. As far as the ashes, if you paid for them, and are otherwise current in your account with the vet, you are entitled to your property. This would be a Small Claims case as the ashes are... Read more »

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1 Answer | Asked in Health Care Law, Medical Malpractice and Native American Law for California on
Q: What type of attorney is needed for medical malpractice within a tribal health facility? And where is one found please?

I was informed that requires more than a regular public medical malpractice attorney due to jurisdictional limitations dealing with tribal heath facilities. Thank you for your time!

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Dec 10, 2020

Not from my understanding

1 Answer | Asked in Medical Malpractice for California on
Q: Hi, I need help find out how I can get a family member who is being medical neglected in the hospital?

the doctor said since he's "walking" ( he can not walk) and he has low medical ins, they want to discharge him. that his blood work and scans are coming back normal. but he lost his eye sight, cant walk or talk right. the doctors don't want to communicate with us. My nephew had... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 29, 2020

A California attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. Unfortunately, if the hospital has reached a decision based on the opinion(s) of their physician(s), they will generally proceed with discharge. In terms of the issues you describe... Read more »

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