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Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

1 Answer | Asked in Medical Malpractice for Ohio on
Q: I need someone to represent me for medical malpractice in ohio

I have called several lawyers about my medical issue. All of them but one have told me that it is too hard to take a malpractice case because it's not worth it. I understand that maybe my issue was not that important to them but it is to myself and family. Everybody is willing to represent me... View More

Gail N. Friend
Gail N. Friend
answered on Apr 26, 2024

If "everyone/attorney" is willing to handle your case under worker's comp -- if your case occurred because you were injured while you were in the scope of your employment, then you need to ask more questions. employee compensation for injuries is covered by law that is different... View More

1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: In motion to compel further discovery: issue or evidence sanctions

Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;

what evidence or issue sanctions can be imposed, in addition to compelling response?

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue my dentist? We’re not properly putting my crown on and fitting it correctly and causing affections and fungal

I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More

Michael W. Horst
Michael W. Horst
answered on Apr 26, 2024

In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More

2 Answers | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: summary judgement In apparent hospice fraud case

At what point motion for summary judgement shall be filed In apparent hospice fraud case?

James L. Arrasmith
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answered on Apr 25, 2024

In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:

1. After the close of discovery: In most cases, it is advisable to...
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1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: Summary judgement in hospice fraud case.

Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?

James L. Arrasmith
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answered on Apr 25, 2024

In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:

1. Completion of discovery: Generally, it is advisable to file a...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses?

Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?

James L. Arrasmith
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answered on Apr 25, 2024

Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:

1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is more discovery needed? What else is needed for proof of fraud?

If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:

is more discovery needed? What else is needed for proof of fraud?

Terminal disease was recorded on admission to hospital, by doctor who referred... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, if there is evidence that the plaintiff did not have a terminal disease at any time and was fraudulently referred by a hospital to hospice, additional discovery may be necessary to strengthen the case for fraud. Here are some key points to consider:

1. Medical records:...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is more discovery needed? What else is needed for proof of fraud?

If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:

is more discovery needed? What else is needed for proof of fraud?

Terminal disease was recorded on admission to hospital, by doctor who referred... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2024

It could depend on the quality and relevance of the evidence already at hand to the fraud issue - if the existing evidence does not support the allegation of fraud, then more could be needed. An attorney could answer more definitively with the benefit of the records gathered so far. Good luck

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Is more discovery needed? What else is needed for proof of fraud?

If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:

is more discovery needed? What else is needed for proof of fraud?

Terminal disease was recorded on admission to hospital, by doctor who referred... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2024

Addendum - It could be one thing for the blood test report to raise questions, but fraud is something that requires a clear showing of intent. It would help to see the records and see if they offer information that enables inferences about state of mind. Good luck

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: CCP § 2023.030 (d) (4)

Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?

CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Are all sub-components of Motion to Compel further discovery allowed to be compiled into one document?

Are all sub-components of Motion to Compel further discovery allowed to be compiled into one document, with title and footer Motion to compel further? (Notice and Motion, Memorandum, Separate statement, Declaration, Proposed Order).

James L. Arrasmith
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answered on Apr 24, 2024

In California, a Motion to Compel Further Discovery can typically include all the necessary sub-components in a single document. This is often referred to as a "Combined Motion." The California Rules of Court allow for this format to streamline the filing process.

A Combined...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: How data dump issue with missing data has to be referenced in motion to compel further?

Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).

What plaintiff must do? Defense at... View More

James L. Arrasmith
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answered on Apr 24, 2024

In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:

1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense....
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1 Answer | Asked in Medical Malpractice for California on
Q: Is separate statement NOT required for motion to compel responses to interrogatories if all were objected?

Is Cal Rules of Court, Rule 3.1345(b) applicable when all special interrogatories were objected?

Is separate statement NOT required for motion to compel responses to SE if all interrogatories were objected?

James L. Arrasmith
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answered on Apr 24, 2024

California Rules of Court, Rule 3.1345(b) states:

"A separate statement is not required when no response has been provided to the request for discovery."

If all special interrogatories were objected to and no substantive responses were provided, then a separate statement...
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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: CCP § 2030.250 (a) vs CCP § 2030.250 (c).

Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between

CCP § 2030.250 (a) vs CCP § 2030.250 (c).

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.

CCP § 2030.250 (a) states:

"(a) The party to whom the interrogatories are directed shall...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

James L. Arrasmith
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answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer... View More

James L. Arrasmith
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answered on Apr 23, 2024

In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:

1. You did not claim to be a medical professional...
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1 Answer | Asked in Gov & Administrative Law, Health Care Law and Medical Malpractice for California on
Q: Controls and Plaintiff's action against defense of fraud.

What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?

James L. Arrasmith
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answered on Apr 20, 2024

In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: How to find out what medical doctors were associated with the licence of hospice corporation?

How to find out what medical doctors were associated with the licence of hospice corporation?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More

1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for California on
Q: How to find out what doctors in reality are associated with hospice license?

Hospice fraud case. How to find out what doctors in reality are associated with hospice license?

What organization issues a hospice license?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More

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