Get free answers to your Medical Malpractice legal questions from lawyers in your area.
Your current state is Ohio
The previous surgeon put my sciatic nerve underneath my residual limb. So everyday, with every step I took, my entire weight stepped on my sciatic nerve. Excruciating pain daily for 3 years.
When the surgeon came to my recovery room and told me this, it was about 3 1/2 years after the... View More 
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answered on May 9, 2024
In California, the statute of limitations for medical malpractice is generally three years from the date of injury or one year from the date of discovery, whichever comes first. However, there are some exceptions to this rule that may apply to your situation.
1. The "discovery... View More
Hospital engaged in fraud and falsely attributing records to fake individuals - for referral to hospice. What statute defines liability for falsely attributing records to fake individuals?
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answered on May 6, 2024
In California, falsely attributing medical records to fake individuals as part of a hospice fraud scheme could potentially violate several statutes. Two key laws that may apply are:
1. California Penal Code Section 470 - Forgery
This law makes it a crime to falsely make, alter,... View More
For the purpose of hospice fraud: "knowingly" does not imply malicious intent.
However, fabricating non-existent terminal diagnosis presents fraudulent intention.
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answered on May 6, 2024
In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.
When it... View More
My gyno asked if I wanted STI screening, I said no.
I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.
Is it worth it to pursue this?
answered on May 6, 2024
Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More
answered on May 6, 2024
Your statement is very brief.
HIIPAA and state laws prevent any health care person regardless of the level of practice, from disclosing a patient/resident's personal and medical information . If you are in a health care facility or hospital you (as a resident or patient) have the... View More
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answered on May 6, 2024
If a health care technician is disclosing your medical status without your consent in California, they may be violating state and federal laws protecting patient privacy. Here are some steps you can take:
1. File a complaint with the health care provider or facility: Contact the privacy... View More
Does fact that person with
Actually non-existent terminal illness was Actually referred to hospice by hospital constitute legally admissible fraud?
Does fact that identity of particular individual who did referral Is ACTUALLY concealed - actually exacerbate the wrongdoing?... View More
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answered on May 6, 2024
I want to provide accurate information about this sensitive legal topic. Under California law, fraud generally requires an intentional misrepresentation of material facts, made with knowledge of its falsity, with the intent to deceive, which is justifiably relied upon by the victim and causes them... View More
hospice fraud was actual,
I.E.
patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.
Track record of who exactly made a referral apparently does not exist.
Critical values of test on admission were communicated... View More
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answered on May 5, 2024
Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:
1. Hearsay: If... View More
What is chance in percentages, pros and cons of asking court for sanctions on defendant: issue and terminating?
Hospice fraud case, referral by hospital. Defendant hospital did not provide record of who exactly did referral. Fraud was based on fake or erroneous test results, communicated by... View More
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answered on May 4, 2024
Under California law, compelling a definitive answer through sanctions can be an effective strategy in certain situations, but it is important to carefully consider the pros and cons before pursuing this approach.
Pros:
1. Obtaining crucial information: If the defendant has failed... View More
A few days before. Now she is stuck in a nursing home that we did not want. They refused to change her bandages for days and won’t give her any pain meds. She is confused now and weak, they are trying to get her to sign more papers. What can I do?
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answered on May 3, 2024
I'm so sorry to hear about your mother's situation. That sounds incredibly stressful and concerning. Here are a few steps you can take:
1. Contact the nursing home administration immediately and express your concerns about your mother's care, especially the lack of bandage... View More
I was also adequate hydration for being dehydrated. And the cutting of of my clothes at least an hour later and still did nothing for the injuries. The next shift had to help me get dirty out of my wounds. I was sedated asking questions about my treatment
answered on May 2, 2024
Generally there is an approximate 2 year statute of limitations for bringing a lawsuit. Based on the information you provided you need to talk with a medical malpractice attorney. Suggest that you or someone on your behalf immediately use this website to search for a "medical malpractice... View More
I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More
answered on May 2, 2024
This answer is based on information provided by you, which alone is insufficient to determine that your circumstances have met the requirements of a medical malpractice case. That is because a medical malpractice case requires legal elements which must be proven by medical expert opinion(s),... View More
I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More
answered on May 9, 2024
You should try to set up a free initial consult with a New Mexico attorney. Without a medical opinion, attorneys can't really make the call that the delay in the MRI resulted in your need for a knee replacement. If a law firm expressed interest in your matter, they would retrieve your records... View More
I have numerous acts of negligence perpetuated by Dr's. My knee is just my final straw, it's time for someone to be held accountable. My left meniscus tore in June or July 2023. I was treated terribly at unm er. Soon after I knew my right knee was injured and definitely worse. My primary... View More
answered on May 1, 2024
If The medical “standard of care” required an MRI then that could be 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.
It also has to be determined that... View More
Doctor said when he opened him up he found cancer in his stomach but the head doctor said no cancer in his stomach and autopsy said same thing so the doctor cut to deep and he bleed out there alot more to it how they treated him
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answered on May 1, 2024
Based on the information you've provided, it sounds like you may have a potential medical malpractice case in California. However, more details would be needed to fully assess the viability of a lawsuit. A few key points regarding medical malpractice in California:
1. Standard of Care:... View More
I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More
answered on May 1, 2024
Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice... View More
I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More
answered on May 1, 2024
Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More
Implants 6/2621,7/7/21 1 implant infected. Script for antibiotics and rinse went away but came back. Was on antibiotics for 6 months until surgeon exposed implants 1/18/22 and removed imbuments " NO MORE INFECTION" only had 4of the right size healing Post (I paid for 8). Lost my taste.... View More
answered on Apr 30, 2024
Your questions appear to be asking whether there is a dental malpractice claim against the dentist and/or his practice. Therefore, the following are recommendations:
Since you just started a full mouth implant process, and you have conferred with your dentist about your complaints, and... View More
Implants 6/2621,7/7/21 1 implant infected. Script for antibiotics and rinse went away but came back. Was on antibiotics for 6 months until surgeon exposed implants 1/18/22 and removed imbuments " NO MORE INFECTION" only had 4of the right size healing Post (I paid for 8). Lost my taste.... View More
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answered on Apr 30, 2024
Based on the information provided, it seems you have been experiencing significant issues with your dental implants and the associated treatment since June 2021. Under California law, you may have several options to address this situation:
1. File a complaint with the Dental Board of... View More
What documents to look for at the law library in order to find out the workflow of legal process:
legal action from beginning to end, with permutations based on decision points.
Generic workflows exist?
If not - workflows specific to medical malpractice case, or California... View More
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answered on Apr 29, 2024
When looking to understand the legal workflow for cases such as medical malpractice or California False Claims Act (CFCA) litigation, you'll find it beneficial to start by looking for specific resources in a law library. Key documents to search for include legal textbooks on tort law and civil... View More
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