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California Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can medical malpractice be claimed for delayed treatment causing kidney failure and death?

I'm considering whether there could be grounds for a medical malpractice case due to delayed treatment at a hospital. My husband was admitted with acute pancreatitis and reported being unable to urinate the next day, with only a Foley catheter placed. There were significant delays in... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 10, 2025

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

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3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Do we have a case for medical negligence after a critical misdiagnosis at Kaiser ER, San Jose?

My grandmother, who was suffering from immense chest and back pain, was misdiagnosed with sciatica at the Kaiser ER in San Jose without a thorough examination. The doctor refused to listen to her and my uncle, who was present and witnessed the interaction. A nurse realized something was wrong and... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 10, 2025

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

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2 Answers | Asked in Medical Malpractice, Consumer Law and Personal Injury for California on
Q: What tort statutes apply for fraud in misrepresenting health status in California?

In a California civil case, what tort statutes apply when a doctor commits actual fraud by knowingly misrepresenting a patient's health status as terminal, resulting in damages?

Robert Kane
Robert Kane
answered on Jun 9, 2025

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: How can I proceed legally after surgery complications were not disclosed?

In February 2023, I underwent surgery to have my gallbladder removed. During the procedure, it appears holes were inadvertently created in my liver, causing an abscess that eventually spread to my lung. I was first hospitalized on Mother's Day 2024 and several times since. Despite consistent... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 9, 2025

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

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2 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for California on
Q: Does my cousin have grounds for a medical malpractice case in California due to prolonged health decline from treatment errors?

I am a caretaker for my cousin, who has been experiencing serious medical issues over the past two years. It started with an abscess in his hip, leading to ICU admission and placement in a nursing home. At the nursing home, they incorrectly administered his antibiotics, and at UC Davis Hospital,... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 9, 2025

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...
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2 Answers | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for California on
Q: Can a prison medical institution be sued for malpractice after delayed treatment for a jaw fracture?

My husband had two wisdom teeth extracted by the prison medical institution. After weeks of pain and swelling, the provider took an X-ray and realized his jaw was fractured. It took one month before he could receive treatment at an outside hospital. Now, his jaw is wired shut for 5 weeks. Can the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 5, 2025

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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Seeking lawyer for medical malpractice against Mercy San Juan Hospital for unauthorized liver transplant.

On January 14th, 2023, I believe Mercy San Juan Hospital put me into a medically induced coma to perform a living liver transplant without my consent. I have proof, including my medical file, which I received from my personal injury lawyer. However, my lawyer does not handle medical malpractice... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 3, 2025

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is delayed care for lung nodules a basis for a malpractice suit in California?

I have been receiving chemotherapy since 2019 for Stage 4 cancer, and my disease was stable until early 2024. At that time, CT scans revealed increasing nodules on my lungs. Despite my concerns, my oncologist chose to monitor without intervention, attributing discrepancies to measurement errors. My... View More

Joel Gary Selik
Joel Gary Selik
answered on May 30, 2025

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.

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Seeking advice for suing Kaiser Permanente for negligence in prostate cancer detection.

I was a patient at Kaiser Permanente for several years before switching to a different insurance provider in January 2024. My current yearly checkup revealed a high PSA level, indicating a possible infection or prostate cancer. At 62, following further testing, I have been diagnosed with stage 4... View More

James Clifton
PREMIUM
James Clifton
answered on May 29, 2025

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

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2 Answers | Asked in Medical Malpractice, Estate Planning and Personal Injury for California on
Q: How to get power of attorney for deceased mother's medical records in CA?

My mother passed away on 5/22/25 following gallbladder removal surgery, and I am seeking her medical records to possibly pursue legal action for malpractice. Her husband, who is the next of kin, is willing to grant me power of attorney to access these records. I have already spoken to the medical... View More

Klaus Gottlieb
Klaus Gottlieb pro label 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...
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2 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Guidance on filing a malpractice lawsuit after gallbladder surgery in CA

I am concerned about a potential malpractice issue following a gallbladder removal surgery performed on May 16, 2025, on a stage four cancer patient. The surgery was done laparoscopically, and I believe the general surgeon accidentally caused an obstruction of her bile duct, leading to jaundice,... View More

Joel Gary Selik
Joel Gary Selik
answered on May 24, 2025

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

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Q: Can I pursue a lawsuit for failed back surgery and faulty device after a 1996 work accident?

I had a slip and fall accident at work in 1996, leading to two back surgeries—a triple fusion, which has now failed. I have a broken titanium screw and another that is partially unscrewed, causing significant pain. Although I previously resolved my workers' compensation claim and sold out... View More

Dennis Dascanio
PREMIUM
Dennis Dascanio pro label 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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I take legal action for misdiagnosis of a desmoid tumor by my primary care doctor in California?

In May 2024, I discovered a painful mass in my upper abdomen and consulted my primary care doctor in June, who dismissed it as my xiphoid process without conducting any tests. I raised the issue again in December 2024, and she reaffirmed it without thorough examination. My OBGYN later ordered a CT... View More

Joel Gary Selik
Joel Gary Selik
answered on May 22, 2025

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

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3 Answers | Asked in Medical Malpractice, Personal Injury, Nursing Home Abuse and Public Benefits for California on
Q: Can I pursue legal action against the hospital for my mother's Methadone overdose and related negligence issues?

I'm considering legal actions against a hospital after my mother, who has been frequently admitted for kidney and liver failure and is undergoing Methadone treatment for opioid addiction recovery, overdosed on Methadone while hospitalized. The hospital documented the overdose as an... View More

William John Light
William John Light
answered on May 13, 2025

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Seeking legal consultation for possible medical malpractice postpartum care negligence in Modesto, CA.

I experienced a serious case of medical negligence at Memorial Medical Center in Modesto, CA, on January 23, 2025. I was 18 days postpartum and presented with symptoms indicating a secondary postpartum hemorrhage, including heavy bleeding and passing large blood clots. Despite the urgency, I waited... View More

Joel Gary Selik
Joel Gary Selik
answered on May 12, 2025

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Seeking advice on potential medical malpractice after forced C-section and cervical cut.

A week ago, I was forced to have a C-section because my doctors said my baby was breech, and I had no choice but to undergo the surgery. I was upset and expressed my desire to explore alternative options, but they insisted on the C-section. Despite signing a consent form, I was not informed of any... View More

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2025

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...
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3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on May 6, 2025

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

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3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More

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

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...
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5 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is it malpractice if a surgery differed from my signed consent, resulting in a permanent condition?

I signed multiple times for a bilateral tubal ligation on form PM 330 and another general form. On the day of my surgery, three hours prior, I was asked to sign a consent form for a partial salpingectomy without being informed or explained about the change. The operation report states a bilateral... View More

Joel Gary Selik
Joel Gary Selik
answered on May 2, 2025

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

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5 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is it malpractice if a surgery differed from my signed consent, resulting in a permanent condition?

I signed multiple times for a bilateral tubal ligation on form PM 330 and another general form. On the day of my surgery, three hours prior, I was asked to sign a consent form for a partial salpingectomy without being informed or explained about the change. The operation report states a bilateral... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

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

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