Ask a Question

Get free answers to your Medical Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: My son has been in a splint for over a week for a broken foot, he has a sore on his foot from the splint, what can we do

My 11 year old son broke his foot on June 21 and got a splint from the ER. He still hadn’t got the appointment for the orthopedic for a cast. July 1 I took him back to the ER because he was in so much pain and his foot was sitting sideways in the splint. He has a sore on the back of his heel from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

You should take your son to a healthcare provider as soon as possible. The sore on his heel may indicate that the splint is not fitting correctly, which can lead to further complications. Explain the situation, including the pain and the sore, to ensure he receives appropriate care.

While...
View More

1 Answer | Asked in Medical Malpractice and Civil Litigation for California on
Q: Motions to compel further discovery responses

Best practice is to file separate motions to compel further responses to interrogatories, and to production demands.

But- when interrogatories and demands are interconnected, is it acceptable to have consolidated motion and declaration, but separate statements and proposed order per... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2024

Generally speaking, the best practice in California is indeed to file separate motions to compel further responses for different types of discovery devices (e.g., interrogatories and requests for production of documents). This is because each type of discovery is governed by different sections of... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case? I recently had a hysterectomy and had complications almost immediately after with care from the ER dep

The ER doctors dismissed me two days in a row until I saw my surgeon a week later. He was very upset when he finally saw me and how my incisions looked. He sent me back to the ER to be treated the correct way only to be mistreated again by the ER doctors.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

Based on the information provided, you may potentially have a case for medical malpractice, but more details would be needed to make a definitive assessment. Here are some key points to consider:

1. Standard of care: The main question is whether the ER doctors' actions fell below the...
View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Liability for referral to hospice.

Doctor defendant knowingly records non-existent terminal disease on admission to hospital, out of network for patient's insurance. Further, patient get's referred to hospice based non-existent terminal disease. Doctor can claim that could not be aware about consequent referral to hospice.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

This is a complex legal question involving medical malpractice and potential fraud. To properly assess liability, several key factors need to be considered:

1. False diagnosis: If the doctor knowingly recorded a non-existent terminal disease, this could be considered medical malpractice or...
View More

1 Answer | Asked in Contracts and Medical Malpractice for California on
Q: Non-complete clauses

In common area for customization of hospital/doctor contract what is non/complete clauses?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

To answer this question, let's break down the key elements:

1. Non-compete clauses in healthcare contracts:

Non-compete clauses (often mistakenly called "non-complete" clauses) are contractual provisions that restrict a healthcare professional from practicing in a...
View More

1 Answer | Asked in Contracts and Medical Malpractice for California on
Q: Comparison of hospital/doctor contract

Is there such a thing as standard or typical Hospital/doctor contract for doctors of the same speciality , education, and level of experience? In other words, for comparison of doctor's compensation and incentives what are criteria for comparison?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

To answer this question, we need to consider several factors:

1. Standardization of contracts:

There is no single "standard" hospital/doctor contract that applies universally. Contracts can vary significantly based on factors like the hospital's size, location, and...
View More

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What is the time frame / deadline, to file a motion to vacate judgment?

I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 24, 2024

A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.

There are also motion for reconsideration and other actions you can consider.

If unsuccessful, your remedy may be a...
View More

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: What is the time frame / deadline, to file a motion to vacate judgment?

I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

Here's a concise response to your question about filing a motion to vacate judgment in California:

1. Generally, you have 180 days (about 6 months) from the date of entry of judgment to file a motion to vacate under California Code of Civil Procedure (CCP) Section 473(b).

2. If...
View More

View More Answers

2 Answers | Asked in Medical Malpractice for California on
Q: Preservation notice

Unless preservation notice was given in the beginning of case by plaintiff, defendant can destroy records?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2024

This is an important legal question, but the answer is not as straightforward as you might hope. Let me explain:

1. Generally speaking, parties have an obligation to preserve relevant evidence once litigation is reasonably anticipated, even before a formal preservation notice is issued....
View More

View More Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Demand for inspection of records, logs, reports

demand for inspection is made, including but not limited to hospital EHR system (electronic records), system logs and reports of plaintiff's records.

How demand should be phrased in order to ensure comprehensive preparation by both parties for inspection on hospital premises, or at... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:

1. Specify the scope:

- Clearly...
View More

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: How exactly - Demand for inspection - to ensure comprehensive preparation

Hospital is defendant and owner of records. How demand for inspection of records, including esi should be phrased to ensure preparedness for inspection?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:

1. Specify the scope:

- Clearly...
View More

1 Answer | Asked in Contracts and Medical Malpractice for California on
Q: Hospital's contract with doctor: standard vs tailored

Do hospital usually have standard contractual agreement, tailored for individual doctor?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2024

Hospitals typically use a combination of standard and tailored contractual agreements when contracting with doctors. Here's a brief overview:

1. Standard contracts:

- Many hospitals start with a standard template agreement

- These cover common terms like compensation...
View More

2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: What can I do if my health care has been mismanaged resulting in 3 trips to the ER and an admission to the hospital?

Saw PCP on April 19 of this year for abdominal pain. Ordered ultrasound-showed nothing. Sent in an emergency referral to GI and ordered a CT scan. I saw the GI doctor on May 9. Before the CT scan was approved, I had to go to the ER because I was in severe pain (May 1). They told me the CT scan... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This situation sounds very frustrating and potentially concerning from a medical care standpoint. Here are some steps you could consider taking:

1. Document everything:

- Compile a detailed timeline of all your medical visits, treatments, and communications.

- Gather all...
View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Statute of limitations expiring in 38 days on my medical malpractice case I keep asking attorney when is demand being

Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

This situation sounds concerning. Here are some suggestions:

1. Communicate urgency: Contact your attorney immediately and clearly express your concern about the approaching statute of limitations. Emphasize that you need concrete information on the case's progress.

2. Request...
View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Statute of limitations expiring in 38 days on my medical malpractice case I keep asking attorney when is demand being

Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 21, 2024

As I am sure you know, the demand does not protect the time limit to sue. As there is a high probability the demand letter will not lead to an immediate settlement, the attorney should be prepared to file the lawsuit. Discuss with your attorney when the lawsuit is being filed. Putting your... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was rushed to the ER 4 times in an 11month period and was misdiagnosed all the times due to their lack of attention

By the hospital and ended up in a different hospital getting an emergency operation for the same symptoms what can I due.

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2024

Law firms would require additional details to answer your question meaningfully. This would include the symptoms, the diagnosis, your age, personal health history, the emergency surgery, as well as medical opinions to speculate what might have been different in terms of damages you suffered by not... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was rushed to the ER 4 times in an 11month period and was misdiagnosed all the times due to their lack of attention

By the hospital and ended up in a different hospital getting an emergency operation for the same symptoms what can I due.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

Based on the information provided, it seems you may have a potential medical malpractice claim against the hospital that repeatedly misdiagnosed your condition, resulting in the need for emergency surgery at a different facility. Here are some steps you can consider:

1. Gather evidence:...
View More

View More Answers

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: Statute/rule of court for plaintiff's demand of privilege log

How to initiate request for privilege log with defense, when request for privilege log is production request?

What statute/rule of court defines this process?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

In California, the process for requesting a privilege log is governed by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC). Here are the relevant rules and statutes:

1. CCP § 2031.240 - Motion to Compel Further Response to Inspection Demand:

If a...
View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a Medical Malpractice Case (California)?

Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2024

It sounds like you may have a strong case for medical malpractice given the sequence of events and the potential negligence involved in your treatment. Please reach out to the local medical malpractice attorney. Your initial visit to the ER for constant head/neck pain and blurred vision should have... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a Medical Malpractice Case (California)?

Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024

Based on the information you provided, you may have a medical malpractice case under California law. To establish a medical malpractice claim in California, you must prove the following elements:

1. The healthcare provider owed you a duty of care.

2. The healthcare provider breached...
View 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.