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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 
answered on May 29, 2024
First of all, this sounds like a health care liability / medical malpractice question, and not a legal malpractice question.
Second, just because your husband has received a diagnosis of an incurable terminal disease does not necessarily mean that your husband's primary care physician... View More
I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More
answered on May 29, 2024
Yes, I'm sure there are plenty of attorneys willing to take a retained foreign body case. The problem with these cases however is that sometimes leaving behind a metal object, such as a surgical clip or staple, is intentional and not the result of negligence. i.e. sometimes leaving in a clip... View More
I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More
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answered on May 29, 2024
Yes, attorneys in California do take cases involving retained foreign objects from surgeries. Medical malpractice lawyers handle cases where surgical errors, such as leaving foreign objects inside patients, occur. This type of case falls under medical malpractice law, which seeks to address... View More
I had an appendix removal. There was retained foreign object left inside me during my surgery. It was not anything that would promote healing. It appeared to be metal shavings left in my stomach. I had an additional surgery to remove the metal that was left in me. The hospital sent it for testing... View More
answered on Jun 3, 2024
I'm sorry for your ordeal. If you are having difficulty in finding an attorney, one possibility is that the firms you've contacted deem the damages from the shavings to not be serious enough for them to invest in the cost of experts and litigation. Another possibility is that you... View More
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answered on May 29, 2024
If you had a major neck surgery that went wrong and were abandoned by the surgeon, you might have grounds for a medical malpractice claim. In California, medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. Abandonment by a... View More
How specifically California Health and Safety code addresses hospital liability for independent consultants?
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answered on May 25, 2024
The California Health and Safety Code addresses hospital liability for independent consultants in Section 1799.110. Here is a summary of the key points:
1. Hospitals are generally not liable for negligent acts of independent contractors, including physicians and surgeons who are not... View More
What statutes of HSC are specific as to punitive damages owed by doctor and /or hospital to patient in lawsuit?
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answered on May 25, 2024
Under California law, there are a few key provisions in the Health and Safety Code that address punitive damages in lawsuits against doctors and hospitals:
1. Health and Safety Code Section 1799.2(a) - Limits on punitive damages against health care providers in emergency situations, stating... View More
I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight
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answered on May 23, 2024
Under California law, you may have a valid claim for medical malpractice due to the foreign body left in your foot, leading to severe complications and eventual amputation. Typically, medical malpractice claims must be filed within three years of the date of injury or one year after the injury is... View More
I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight
answered on Jun 7, 2024
An attorney would likely ask you for more details before offering a meaningful answer to your question. You could reach out to law firms to try to arrange a free initial consultation. They could retrieve your hospital records and review them with medical professionals if they believe your matter... View More
6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More
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answered on May 19, 2024
I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More
What are common law fraud statutes?
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answered on May 17, 2024
In California, fraud is primarily governed by common law principles rather than specific statutes. Common law fraud, also known as deceit, occurs when a person intentionally misrepresents or conceals a material fact, causing another person to rely on that misrepresentation or omission and suffer... View More
How relationship between malpractice case can CFCA case can realistically impact CFCA case, filed after malpractice case?
Given that either case meets statute of limitations, and focused on hospice fraud.
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answered on May 17, 2024
Under California law, the relationship between a medical malpractice case and a California False Claims Act (CFCA) case, both focused on hospice fraud, can have a significant impact on the CFCA case if it is filed after the malpractice case. Here's an analysis of how the malpractice case might... View More
Based on what definition, criteria hospice fraud can be deemed complex case?
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answered on May 17, 2024
Under California law, a hospice fraud case may be deemed complex based on several factors outlined in Rule 3.400 of the California Rules of Court. Some of the key criteria that could make a hospice fraud case complex include:
1. Multiple parties involved: If the case involves a large number... View More
Plaintiff's First Amended Complaint had actually to be Notice of Errata, since it included typographic error correction, and corrected proper business name of defendant. Can Plaintiff file a Motion with Court for leave to file consequent amended complaint, because First Amended complaint was... View More
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answered on May 17, 2024
Under California law, if the First Amended Complaint only corrected typographical errors and the proper business name of the defendant, it would typically be considered a correction rather than a substantive amendment. In this case, the proper procedure would have been to file a Notice of Errata to... View More
What common law statutes define hospice fraud?
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answered on May 17, 2024
In California, there are no specific common law statutes that define hospice fraud. However, hospice fraud is typically prosecuted under various state and federal laws related to healthcare fraud, false claims, and elder abuse. Some of the relevant laws include:
1. California False Claims... View More
What common law statutes define hospice fraud?
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answered on May 17, 2024
THis is a broad question but I'll try and address is under both Federal and California law. In California, hospice fraud is generally addressed under broader statutes that deal with fraud and healthcare fraud rather than specific "common law statutes." The relevant laws and... View More
Pros and cons of motion for summary judgement by plaintiff in medical malpractice case with focus on hospice fraud
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answered on May 17, 2024
Under California law, here are some key pros and cons of a plaintiff filing a motion for summary judgment in a medical malpractice case focused on hospice fraud:
Pros:
1. Expedited resolution: If successful, a summary judgment motion can resolve the case quickly without the need for... View More
If hospice fraud is a cause of action in medical malpractice case what law defines this cause of action?
Can consequent CFCA case be filed after medical malpractice case, within statute of limitations?
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answered on May 16, 2024
In California, hospice fraud can be a cause of action in a medical malpractice case, and it may also lead to a separate case under the California False Claims Act (CFCA). Here's some information on the relevant laws and statutes of limitations:
1. Medical Malpractice: In California,... View More
Current cause of action in medical malpractice case is: for improper referrals, and claim for punitive damages for fraud.
Improper referral included denial of discharge covered by insurance at the hospital, and referral to hospice with non-existent terminal illness.
What statutes... View More
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answered on May 16, 2024
Under California law, there are several statutes that could potentially apply to a case involving improper referrals in a medical malpractice context. Here are a few key provisions to consider:
1. California Business and Professions Code Section 650: This statute prohibits licensed... View More
CFCA case or FCA case was not filed by plaintiff yet. Hospice fraud was not reported to medicare, to OIG.
Medical malpractice case was filed.
What could be implications - rephrasing current causes of action 'for improper referrals' and 'claim for punitive... View More
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answered on May 16, 2024
There are a few important considerations when it comes to the implications of a medical malpractice case involving hospice fraud for a potential California False Claims Act (CFCA) case:
1. Rephrasing "improper referrals" allegation: In the context of a CFCA case, improper... View More
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