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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue for psychiatric misdiagnosis that caused emotional harm?

I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2024

Such a case is possible.

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.

Due to the nature of medical malpractice cases, the extent of the injuries may affect...
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1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Statute: requirement to disclose to patient unauthorized disclosure of patient's records.

Which statutes require hospital to disclose to affected person unauthorized disclosure of person's records?

James L. Arrasmith
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answered on Jun 11, 2024

Under California law, there are two main statutes that require hospitals and healthcare providers to disclose unauthorized access or disclosure of a patient's medical records to the affected patient:

1. California Health and Safety Code Section 1280.15 (effective January 1, 2009):...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Alaska on
Q: I'm needing to know if I have a case against anyone and if so who at the hospital that did my surgery and messed up .

I had a complete Hip replacement. The Doctors knew I had a problem with Anastasia but gave it to me anyways. I had to be brought back to life 4xs . When I woke up I had nothing in me for pain bcuz the narcan they gave me took all of the pain meds out of my system, so I had to lay there in pain .... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2024

The best way to answer your question is to reach out to attorneys in Alaska to discuss your situation. Your post covers lots of ground, but to answer your question meaningfully, attorneys would need learn more about the surgery and its anesthesia protocols followed, which could involve reviewing... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for Alaska on
Q: I'm needing to know if I have a case against anyone and if so who at the hospital that did my surgery and messed up .

I had a complete Hip replacement. The Doctors knew I had a problem with Anastasia but gave it to me anyways. I had to be brought back to life 4xs . When I woke up I had nothing in me for pain bcuz the narcan they gave me took all of the pain meds out of my system, so I had to lay there in pain .... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 11, 2024

Yes you may have a 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. But, due to the nature of medical malpractice cases, the extent of the injuries may affect the viability... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: What statute is applicable if unauthorized disclosure of information included, not limited to violation of 1798.82.

What statute is applicable if unauthorized disclosure of information included, but was not limited to violation of Section 1798.82.

If unauthorized disclosure of Plaintiff's records included but was not limited to section 1798.82 violation (security of computerized systems), what Cal.... View More

James L. Arrasmith
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answered on Jun 10, 2024

If an unauthorized disclosure of a plaintiff's records by a hospital included, but was not limited to, a violation of California Civil Code Section 1798.82 (which deals with the security of computerized data systems), there are several other California Civil Code statutes that may be... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Which CCP defines such requirement?

Does hospital have obligation to notify patient about security breach? Which CCP defines such requirement?

James L. Arrasmith
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answered on Jun 10, 2024

Under California law, hospitals and other healthcare providers have an obligation to notify patients about security breaches involving their personal or medical information. The specific requirements for breach notification are outlined in the California Civil Code, primarily in Section 1798.82.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Please let me know if I have a case based on the proof of my pre-existing conditions.

Prescription of __ Bowel Prep Despite Contraindications

On March 31, 2023, I was prescribed a __ bowel prep liquid despite my pre-existing conditions, including suspected ileus and gastrointestinal issues. These conditions should have contraindicated its use. This decision raises serious... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2024

You have a potential 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.

Due to the nature of medical malpractice cases, the extent of the injuries as well as...
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1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: How would I obtain my full electronic records from my D.O.B to the present day?

So, I believe there is some incorrect information/diagnosis in my medical records, and I need to know how I would get them corrected. Scenerio: So I go into a hospital under the influence, give my SSN and sign a release for my past medical info; they go into a computer system and pull all past... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney about what types of central databases are maintained, the answer in most places is that you'd need to reconstruct your file from the various medical... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Medical Malpractice for California on
Q: Criminal case where I told on myself but that's not what CHP said they said they took me to the hospital and I never

Went I went to the drunk tank and they lied through my whole police report and so did the hospital I have them in lies on the police report n "hospital bills" they charge my partnership n chp lied through there teeth and so did the hospital!! I just need someone to help me!!

James L. Arrasmith
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answered on Jun 6, 2024

I understand that you are in a difficult situation and believe that the California Highway Patrol (CHP) and hospital staff have lied in their reports about your case. It's important to address these concerns through the proper legal channels. Here are some steps you can consider:

1....
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3 Answers | Asked in Medical Malpractice and Wrongful Death for California on
Q: I want to file a case for medical negligence in Santa Clara California. Which documents should I use?
James L. Arrasmith
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answered on Jun 3, 2024

To file a medical malpractice lawsuit in Santa Clara, California, you will need to prepare and submit the following key documents:

1. Complaint: This is the initial document that starts the lawsuit, outlining the facts of your case, the parties involved, and the legal basis for your claim....
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I had an elective medical procedure Aug 2021 that resulted in getting a blood transfusion like to know if I have a case

This procedure caused me to have PTSD and I would like the money back from the surgeon. I ended up in the ER the night of the surgery, had low sodium and required a blood transfusion. It was a horrible experience. I would like to know if I have a case here.

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

The first question is, did they do anything wrong. 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.

Next, what harms were caused by the malpractice. Due to the nature of...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I had an elective medical procedure Aug 2021 that resulted in getting a blood transfusion like to know if I have a case

This procedure caused me to have PTSD and I would like the money back from the surgeon. I ended up in the ER the night of the surgery, had low sodium and required a blood transfusion. It was a horrible experience. I would like to know if I have a case here.

James L. Arrasmith
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answered on Jun 3, 2024

I understand that you went through a traumatic experience following your elective medical procedure in August 2021. Determining whether you have a legal case would require carefully evaluating the specific details and circumstances surrounding your situation. That said, I can provide some general... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Are there any pro bono lawyers that take on medical neglect cases?

I was ignored for almost 2 weeks concerning complications with my pregnancy leading to unnecessary pain, surgery, and almost loss of life due to undiagnosed ectopic pregnancy.

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

You don't need a pro bono attorney. If a law firm expresses interest in representing you, most of them work on a contingency basis. That means that their fee is based on a percentage of your recovery, and that you don't owe anything in the event of an unfavorable outcome. This is a... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: I am a patient at an OTP that has consistently refused to accommodate my disability.

I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More

James L. Arrasmith
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answered on Jun 3, 2024

It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Is it medical malpractice per se if the patient is admitted to a hospice and doesn't die?

Is it medical malpractice per se if the patient is admitted to a hospice and doesn't die?

I am not a licensed attorney. I am, however, covertly representing my father with liver damage. I am unable to obtain any medical experts to support my allegations of medical malpractice. I am... View More

James L. Arrasmith
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answered on Jun 2, 2024

Under California law, medical malpractice per se is not established simply because a patient admitted to hospice care does not die. Hospice care is designed to provide comfort and support for terminally ill patients, not to hasten death. The fact that a patient survives longer than expected is not... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Legal grounds

What are legal grounds to seek compensation if defective values of blood test were the only reason for record of non-existent terminal illness, basis for referral to hospice?

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, you have legal grounds to seek compensation if a misdiagnosis of a terminal illness based on defective blood test results led to unnecessary referral to hospice care. This situation can be considered medical malpractice, as it involves a breach of the standard of care by... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: I want to sue my mom‘s doctor. My mom has dementia and I’m her caretaker. She was under the care of a vascular intervent

I found out a couple weeks later from another doctor saying that she also had a patient that went to him and he unnecessarily put in all these stents in her that she didn’t even need She didn’t even need the stents that he put in her leg. I had to take her to another doctor because he refused... View More

James L. Arrasmith
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answered on May 29, 2024

Under California law, you may have grounds to sue your mother's doctor for medical malpractice. Medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. In your mother's case, unnecessary procedures, refusal to remove the... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: malpractice from the PCP my husband goes to

My husband was diagnosed with having a lung disease called Interstitial lung disease. Which has a mortality rate of 3-5 years. His PCP diagnosed him on August 12, 2022. He just found out in April 24, 2024. So it's been 2 years since the diagnosis. Because my husband can die within the next 3... View More

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2024

I'm sorry for your family's ordeal. You could reach out to discuss with law firms in further detail, with the benefit of having medical file records. An important issue that will need close examination here is what caused the communication breakdown with the diagnosis between August 2022... View More

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