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Suzanne Mindlin’s Answers

23 total

  • How can I get a nurse's license revoked for intentionally injuring the patient / client?

    Will the hospital "defend" her? Will I be fighting against the individual nurses or the hospital system/hospital lawyers? Do I need a civil plaintiff's lawyers to file complaints against the named female nurse in the nurse licensing board (bypas...

    Suzanne’s Answer

    If the nurse was in the course and scope of her employment as a nurse at the time of the bad conduct, then the hospital and its lawyers will defend her in any lawsuit arising out of that conduct. You would need an experienced med mal attorney to represent your patient, and that would happen only if many precise conditions can be established. Consult with one right away to determine whether you/your patient/loved one have a viable right of action.
    You can also contact the State Department of Health Care Services, Licensing and Certification Division, in the county where the hospital is located, and initiate a complaint that will trigger an investigation of the hospital by the agency. That investigation can turn out to be helpful in any related lawsuit.
    Finally, you can complain to the California Nursing Board. Nursing licenses are not often revoked, but if you can prove intentional injury, that may do it.

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  • What is needed to retain an attorney where a doctor performed surgery without informed consent?

    I had surgery in Nov. 2014, and I am now left with permanent, life altering adverse effects. The surgeon never informed me of these predictable and knowable results. There doesn't appear to be "malpractice," because the doctor doesn't seem to ha...

    Suzanne’s Answer

    I agree generally with the comments of the other lawyers who have responded. A couple of further thoughts: In California, the laws are stacked against the patient, and many if not most judges seem inclined to protect health care providers over patients. Cases that might fly in other states, die here aborning. You can report the physician to the California Medical Board. This will not get you money, but it may focus some scrutiny on him down the line, especially if this happens repeatedly.

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  • Kid punched my son at middle school (in his glasses). Put gash in his head. May have permanent scar. Can I sue the parents?

    What are my rights here? I am furious. So far, it sounds pretty unprovoked.

    Suzanne’s Answer

    Agree with all other lawyer comments, and add simply that a gash on the face or head may mean that impact was enough to cause other damage. If your son shows any signs of concussion, neck pain, etc. have him evaluated by his pediatrician or other competent medical provider as quickly as possible. One other suggestion: try not to be furious, try to be curious. Learn as much as you can. Get names of witnesses, listen to the stories others tell. Best of luck.

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  • CAN I SUE IF NURSE PRACTITIONER GAVE ME A DEADLY PRESCRIPTION. TWICE AS POTENT AND WRONG PRESCRIPTION

    MY OLD DOCTOR RETIRES I HAD BEEN ON OXYCDONE 110 MILLIGRAMS A DAY FOR 10 YEARS WELL THIS NURSE PRACTITIONER IN OUR TOWN SAYS THAT HES FILLING MY SCRIPT HE GIVES ME OXYCONTIN WAY MORE POWERFUL THAT MY REGULAR pain meds. THE PHARMACIST AND I CALLED...

    Suzanne’s Answer

    What the NP did is reportable and should be reported. Get your IHSS worker to write a statement about what s/he witnessed. You do the same..send these documents to the California Board of Registered Nursing. Here's the website: http://www.rn.ca.gov.
    I agree that you need to get to a good internal med or family practice doctor and start over. Ask to see the best. There may be better options for your pain these days. It was inexcusable to leave you without medications to treat pain and prevent withdrawal. But these days in CA, it takes more damage than this to justify the huge investment of money, time, blood, sweat and tears in a med mal case, in my opinion, based on the info in your question. Reporting the NP may do some good. Get a consult with a local med mal atty, to make sure we haven't missed anything important. Don't wait.

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  • Can my dentist charge a fee for a missed appointment for a dependent, when I was not informed of the appointment?

    My dentists office is billing me $50 for 2 missed appointments with my daughter. They are insisting that it is justified because I signed to be responsible for missed appointments, however my position is that I did NOT authorize anyone to MAKE app...

    Suzanne’s Answer

    • Selected as best answer

    Ask yourself, what matters here? $50 is not enough to justify a fight with a good dentist, especially in CA, where our med mal laws have made of our state a safe haven for bad dentists! If you are otherwise satisfied with the dentist, bring this to his direct attention by inquiring about his personal knowledge of it, and what his understanding is of what happened, ask for documentation of the appt. setting and no-shows. Maybe they have patients mixed up, it happens. And make darn sure your
    daughter is correct about her calendar; if she no-showed after making appts, seems like it's her
    problem). My $.02.

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  • For the 90 day notice of intent to sue in a medical malpractice case, can the limitations be extended more than 90 days?

    I sent a 90 day notice of intent to sue from outside the state of California. I am trying to figure out according to CCP 1013 if the statute of limitations is extended by a further 10 days, making the expiration of the statute 100 days from the ...

    Suzanne’s Answer

    This answer is for the attorneys responding to this question, as well as for the questioner: BEWARE! The case of Woods v. Young (1991) 53 Cal. 3d 315, held that the tolling period triggered by sec 364 ends on the 90th day after the statute would have run if no notice were sent - NOT the 90th day after the notice is served! Another practice trap for the unwary or occasional med mal lawyer, for reasons that should be obvious. Questioner, this arena is highly technical indeed. You need to consult an experienced CA med mal lawyer. Best of luck!

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  • Legal Form for an extension in a Medical Malpractice Arbitration case or a new retrial/arbitration.

    Good Afternoon can somebody tell me if there is a legal form for asking for an extension in a Medical Malpractice Arbitration case. Also how I can look into a mistrial/arbitration. This is for 2 reasons. 1) Kaisers Medical Records are missing...

    Suzanne’s Answer

    • Selected as best answer

    Medical malpractice cases in California are difficult due to the laws, and in Kaiser's case rules, that restrict the rights of injured patients and extend protections to health care providers. This area is difficult even for experienced lawyers. It is no place for unrepresented patients. Find a local attorney, experienced in med mal litigation, and get help. If it's true that Kaiser's hiding 1000 pages, something happened worth litigating over. You may be rescue-able.

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  • Welfare fraud investigation.

    My wife and i received a letter in the mail today from the welfare investigations dept. They have asked us to be present at their office and to bring our ID's and passports. We have never been in any trouble and are terrified. We would like to hi...

    Suzanne’s Answer

    If you are in San Diego South Bay, contact attorney Randy Hamud: Telephone: (619) 696-0815.

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  • Is it considered as a medical negligence? Can a rehab facility prevent patient to take photos of their own injury?

    My husband is paraplegic and has been transferred 3 weeks ago from the hospital (5 months) to a rehab facility in CA. He is still on a process on healing an open wound on his lower back and he has been transported by an ambulance 4 times a week to...

    Suzanne’s Answer

    This case may have issues of medical negligence, in addition to - or even instead of - general negligence, depending on the licensure of the entities involved. Recommend consultation with a PI lawyer with medical background or solid experience with medical issues. Best of luck.

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  • Can my doctor bill me $11,000.00 for a surgery that her staff and medical billing person said would be In-Network and paid 100%

    Multiple times the office person said the Dr. is in-network. The doctors billing company said that the bills would be billed as in net-work. I verified the MPI billing number given to me by the Dr. office person with the health insurance co. and...

    Suzanne’s Answer

    There is a class action going on around similar issues. Call Scott Glovsky (626) 744-5100.

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