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California Medical Malpractice Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I know that the makers of the vaccine are protected from being arrested or sued but are pharmacists also protected
Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should be a little more specific with your question. There are some immunities from litigation but when you sit down with an attorney be prepared to discuss all the facts regarding your situation.

1 Answer | Asked in Wrongful Death, Personal Injury and Medical Malpractice for California on
Q: I suffered a stillbirth at 32 weeks due to a doctors negligence can I sue for wrongful death?

I had lupus prior to pregnancy so I required a high risk doctor. During pregnancy I developed cholestatsis and gestational diabetes so I was at a much higher risk. I was being monitored weekly. Though my lab work showed little progress I was to deliver my baby at 36 weeks. At around 30 weeks I... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should reach out to some attorneys who specialize in medical malpractice. They should be able to help you determine what options you have. Do this right away because you only have a limited time to take action.

1 Answer | Asked in Medical Malpractice for California on
Q: Post-surgical complications (in CA)?

I have had surgery twice on the left shoulder. 4 years later I am still experiencing pain and instability. Do I have any recourse?

Eliza Jasinska
Eliza Jasinska answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... Read more »

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2022

more info is needed and should be shared with the med mal lawyer that you should call in your area.

there are possible statute of limitations issues..........so don't sit on your rights...or you lose them.

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2 Answers | Asked in Medical Malpractice for California on
Q: Can I pursue a medical malpractice lawsuit?

I suffered a stroke at 34 years of age approximately 3 months ago due to spontaneous bilateral vertebral artery dissections. I had no significant medical history prior to this event. It was a small/medium-sized stroke in my cerebellum and I continue to struggle with headaches, fatigue, and... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 13, 2021

A delay in diagnosis that results in a lost opportunity to be administered TPA can be the basis for a medical malpractice case. Depends on what your presenting symptoms were and whether stroke should have been considered as a differential diagnosis as soon as you presented to the ED. You should... Read more »

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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: Do I have do I have any recourse against a hospital that made , big mistakes that left husband incapacitated.

On April 4th last year my husband went to e.r. to have his foot looked at that have turned bright red and purple in color he's up in the hallway all night long without being looked at they finally were going to release him that morning and he said his foot was hurting they gave him a pain... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 18, 2021

MAYBE..................

HOWEVER, YOU MUST HAVE EVIDENCE OF THE NEGLIGENCE AND A CONNECTION TO HIS MEDICAL CONDITIONS.

MAKE AN APPOINTMENT WITH A LOCAL PI/MED MAL LAWYER ASAP.

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1 Answer | Asked in Medical Malpractice for California on
Q: doctor didn't take staples out after surgery, requiring second surgery, 3 mo IN hospital and ptsd. Can I sue dr or hosp?

hospital neglectful mistreatment almost killed me several times during the 3 month stay. Wound drain tube pulled out by nurse, over medicated, organ failure etc. Now I can't even go on the street as hosp without breaking down in tears. Im so fearful of returning I have nightmares. Now I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 24, 2021

A California attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It would be difficult for an attorney to answer your question based on these brief facts. The things you describe involve medical opinions. You could reach out to California med... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I was denied a colonoscopy by my doctor in March now I have Stage 3 metastatic colon cancer. Do I have a valid case?

I reported fatigue and constipation to my doctor a couple of months before I found blood in my stool and requested the colonoscopy in March. I found blood in my stool in March and have the symptoms and she denied my request for colonoscopy because she said I was healthy and I do not have family... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2021

How old are you? Where are you? I notice you are posting from Chicago to attorneys in California. Your age is relevant to the issue of whether your doctor should have considered referring you for a colonoscopy

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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...
Read more »

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...
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 »

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