Lawyers, Answer Questions  & Get Points Log In
California Medical Malpractice Questions & Answers
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.

View More Answers

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...
Read more »

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...
Read more »

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.

View More Answers

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 »

View More Answers

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 »

2 Answers | Asked in Medical Malpractice for California on
Q: Incorrect/Delayed diagnosis resulted in extra expenses/delayed treatment/prolonged recovery; would this be malpractice?
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 21, 2020

Maybe. You haven’t really provided enough information here for any real analysis.

View More Answers

1 Answer | Asked in Products Liability and Medical Malpractice for California on
Q: Hi, if I were to ID reference a random person for their Walgreens prescription would I be responsible for them?

Hi, I had a question about ID referencing. One night I was getting ready to head home from work and this lady came up to me saying that she didn’t have her ID with her. I questioned her reasoning for getting her pain meds at Walgreens and if she was prescribed them, I talked to the pharmacist and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

Hmm. You "referenced ID'd" (I don't even know what that means, it isn't a legal term) for a person that you don't know, at all, for them to obtain federally controlled substances from a Pharmacist and now you want to know if you could get into trouble? Well, it could... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: I am trying to find an attorney who represents court cases for Violation of 8th amendment medical malpractice
Maurice Mandel II
Maurice Mandel II answered on Oct 29, 2020

The 8th amendment to the US constitution states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Why do you think this has something to do with Medical Malpractice? The Federal government does not have laws relating to... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Hi There, is there anyone to take cipro antibiotic related medical malfunction case ? thanks

A doctor misdiagnosed and overdosed me with this dangeroous drug although i warned him with potential side effects. As of now i am suffering with permanent damages...please help.

Tim Akpinar
Tim Akpinar answered on Oct 27, 2020

A California attorney could advise best, but your post remains open for two weeks. There are attorneys out there who hold themselves out for such cases. You'll need to reach out and contact them. This site isn't really set up as a referral service; it's only a question and answer... Read more »

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 »

View More Answers

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.