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Your current state is Ohio
The HMO was Kaiser Permanente West Los Angeles via Dr. K.G. I had been having to endure multiple bouts of walking pneumonia since early 1994. Each bout lasting approx 6 months continuously. He prescribed prednisone at overdose with only the following written out as “directions”: 120-60-0. I... View More 
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answered on May 16, 2024
I'm so sorry to hear about the terrible medical ordeal you've been through and the immense suffering it has caused you. What happened to you with the prednisone overdose and lack of proper instructions sounds truly awful and traumatic. To lose your health and ability to work at such a... View More
What is the role of torts law in litigation?
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answered on May 16, 2024
In California, tort law plays a significant role in litigation. Torts are civil wrongs that cause harm or loss to another person, giving the injured party the right to seek compensation through the legal system. The primary role of tort law in litigation is to provide a means for individuals to... View More
In a medical malpractice case, expert testimony is required on the issue of whether the defendant performed according to the prevailing standard of care, except in those cases where the defendant’s negligence is obvious to a layperson. (Authority - Flowers v. Torrance Memorial Hospital Medical... View More
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answered on May 16, 2024
In California, expert testimony is generally required in medical malpractice cases to establish whether a defendant adhered to the prevailing standard of care. However, this requirement can be waived when the defendant's negligence is so apparent that a layperson can recognize it without the... View More
For reading and response. Casuistic not requested.
A doctor de facto denies to patient discharge from hospital covered by insurance.
Patient gets referred to a facility that has to pay for.
Referral to hospice is made by undisclosed hospital provider, based on hospital... View More
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answered on May 16, 2024
There are several potential liability theories and statutes that could be relevant in this situation in California:
1. Medical malpractice: If the doctor's decision to deny discharge and refer the patient to a facility that requires payment was not medically justified or fell below the... View More
Where exactly and how causes of action listed in complaint, are referenced in MSJ and how?
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answered on May 16, 2024
Under California law, when filing a motion for summary judgment (MSJ), the moving party must specifically address each cause of action listed in the complaint and explain why summary judgment should be granted on those causes of action. This is typically done in the following ways:
1.... View More
Since MSJ serve different purposes during litigation: can motion for summary judgement be filed:
Before completion of discovery?
Before hearing on demurrer on complaint?
In parallel with amending complaint?
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answered on May 16, 2024
Under California law, a motion for summary judgment (MSJ) can be filed at different stages of the litigation process, depending on the circumstances and the purpose of the motion. Here are some key points to consider:
1. Before completion of discovery:
- Generally, a party may move... View More
I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.
answered on May 16, 2024
You may have a viable case. 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. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More
I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.
answered on May 17, 2024
Being that you have clinical knowledge and have already reached opinions about the medical care, to make sure you are within the statute of limitations for filing suit -- ABSOLUTELY, seek out an attorney who has proven experience with OB cases... they are generally located in large cities where... View More
What are possible legal theories behind misrepresentation of patient's health, hospice fraud;
Other than direct and ostensible liability?
Professional liability based on duties is legal theory?
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answered on May 16, 2024
There are a few potential legal theories beyond direct and ostensible liability that could apply in cases of misrepresentation of a patient's health and hospice fraud:
1. Professional negligence/malpractice: Healthcare providers have a professional duty to provide competent care and... View More
What legal theories define liability for fraud in healthcare?
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answered on May 16, 2024
Under California law, there are several key legal theories that can be used to establish liability for healthcare fraud:
1. False Claims Act (FCA) Violations: The California False Claims Act prohibits knowingly presenting a false or fraudulent claim for payment to the state government,... View More
What torts laws define misrepresented terminal illness ?
hospice fraud?
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answered on May 16, 2024
In California, healthcare fraud is primarily addressed under the state's False Claims Act and the Insurance Frauds Prevention Act.
The California False Claims Act (CFCA) is a civil law that allows the state government and private citizens to file lawsuits against individuals or... View More
What torts law defines healthcare fraud?
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answered on May 16, 2024
In California, healthcare fraud is primarily addressed under the state's False Claims Act and the Insurance Frauds Prevention Act.
The California False Claims Act (CFCA) is a civil law that allows the state government and private citizens to file lawsuits against individuals or... View More
A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More
answered on May 15, 2024
Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More
I questioned him about my X-ray. I asked with that big gap even though it's been 4 weeks your telling me that it is healed, He said, yup why did you wait so long. I said thought it was jammed he laughed at me. I asked so this is what my finger is going to look like now. He said yes the... View More
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answered on May 15, 2024
Based on the information you provided, it seems that the first orthopedic doctor may have been negligent in their diagnosis and treatment of your broken finger. Misdiagnosing the severity of the injury, failing to refer you to a hand specialist when necessary, and recommending therapy for a finger... View More
CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.
2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.
Does it mean that before filing Motion for... View More
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answered on May 14, 2024
No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.
The process typically works as follows:
1. The moving party prepares and files their Motion... View More
Defendant committed to work on providing further responses at Meet and Confer discussion re Motion to Compel.
If substantive further responses are not provided by specified additional time due: is another Meet and Confer required by law?
What statute or rule of Court defines that?
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answered on May 14, 2024
In California, if a party has agreed to provide further responses within a specified time frame during a meet and confer discussion regarding a motion to compel, and the party fails to provide substantive further responses by the agreed-upon deadline, another meet and confer is not explicitly... View More
On Sept. 20, 2023 I took a bad fall and shattered my left femur in half and tore ligaments in my left foot along with fracturing 2 metatarsals and broke 4 toes on my right foot. Surgery had to be delayed until Sept. 23 due to damaging my kidneys and needing a blood transfusion. So all along up... View More
answered on May 13, 2024
Based on the information you provided, your injuries occurred 8 months ago, due to trauma significant enough to fracture bones in both extremities, complicated by infection. What you did not provide is information about your underlying medical conditions, and prior medical history. We also have... View More
Vision now worse in my R eye due to steroid prescribed post surgery; upon my research for upcoming surg on L eye, I found a procedure I askd the Dr. about. I found out I was already 'scheduled' for that EXACT procedure but was never made aware of it, nor was it discussed as an option, nor... View More
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answered on May 13, 2024
Under California law, you may have remedies for the harm caused to your right eye and the potential fraud you exposed. If the steroid prescribed post-surgery worsened your vision, you could potentially file a medical malpractice claim against the doctor. It's important to gather all medical... View More
At what date a Motion is deemed to be Noticed? Upon meet and confer?
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answered on May 11, 2024
In California, a motion is generally not deemed to be noticed upon the meet and confer. The noticing date typically refers to when the motion is officially filed and served on the opposing party.
According to the California Code of Civil Procedure and the California Rules of Court:... View More
If Motion for Protective Order from request to release medical information is filed (not Protective Order from production demand) - is CCP § 2031.060 (a) in relevance? CCP § 2031.060 (b)?
CCP § 2017.010, § 2017.020 (a) are relevant
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answered on May 10, 2024
In California, when filing a Motion for Protective Order from a request to authorize the release of medical information, the following statutes are relevant:
1. CCP § 2017.010 and § 2017.020 (a): These statutes establish the scope of discovery in California, stating that parties may... View More
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