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California Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice for California on
Q: Went in for Colonoscopy and had my kidney puncture got sepsis

This is on my chart?

Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023

Feels tired and has blood tinged urine and pain

DC on pain meds

Joel Gary Selik
Joel Gary Selik
answered on Oct 7, 2024

This can happen during a colonoscopy with or without malpractice. Medical 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.

Consult with experienced medical malpractice attorneys in...
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2 Answers | Asked in Medical Malpractice for California on
Q: Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.

Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2024

It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another...
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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More

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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Robert Kane
Robert Kane
answered on Aug 12, 2024

Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of... View More

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4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

I'm sorry this has happened to you. You could reach out to attorneys to arrange a consult, but the standard of care for emergency rooms reflects the circumstances. Emergency rooms generally involve care that takes place in a fast-paced and high-volume setting - different than that of... View More

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2 Answers | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for California on
Q: Does my boyfriend have a case?

My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 3, 2024

And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with.... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I had a biopsy for diagnosis and later the doctor informed me that if they see my symptoms again they won't biopsy

Do I have a claim against going for a biopsy under full anesthesia just cause the doctor could not diagnose my condition by looking at the symtoms?

James L. Arrasmith
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answered on Jul 24, 2024

I'm sorry to hear about your situation. If you underwent a biopsy under full anesthesia, and your doctor later said they wouldn't biopsy again for the same symptoms, you might feel frustrated or concerned. It's important to understand that doctors sometimes need to perform biopsies... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: my spouse died after being in a coma at a hospital from falling out the bed and left not breathing for 10 min

I have documents that were made by doctors and nurses that were falsified and also the cause of death is inaccurate what should I do?

James L. Arrasmith
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answered on Jul 23, 2024

I'm very sorry for your loss. You should consider contacting an attorney who handles medical malpractice or wrongful death cases. They can help you review the documents and determine if there is a case for negligence or falsification of records.

Gather all the documents you have,...
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Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: My wife had a breast augmentation with a lift that we paid for both. and the doctor forgot to do the lift!

we do not know what to do or the avenues that we have. the doctor is being very compliant, but also very short with us. He has not offered us any options yet .he made a big mistake in our eyes cause of his mistake now my wife has to get cut on again.

James L. Arrasmith
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answered on Jul 22, 2024

I'm sorry to hear about your experience. It's important to address this issue directly with the doctor. You should start by requesting a detailed explanation of what happened and why the lift wasn't performed as agreed. Clear communication is key in understanding the situation fully.... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

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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
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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...
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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
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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

2 Answers | 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
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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...
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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
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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...
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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
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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...
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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
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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...
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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
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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...
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