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Ajay Mohan Kwatra
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Ajay Kwatra’s Answers

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  • Rear-ended

    I was rear ended a few days ago. I was in a rental car and I didn't have any insurance (I opted not to buy the optional insurance). I had to get medical attention at the ER after the pain worsened. My question is, since I had no insurance, do I co...

    Ajay’s Answer

    Call an attorney or two and get a free consultation first to see what your options are.

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  • Is there a California rule that requires that a doctor gets a 3 year notice prior to filing a malpractice lawsuit ?

    Over a period of a couple years a doctor made a series of serious mistakes which damaged a patient. These were known to all parties. The doctor seems very insensitive to the damage.

    Ajay’s Answer

    You really need to discuss a few more facts with a good attorney, as soon as you can.

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  • Medical malpractice- 17 year old daughter had an ablation to fix A flutter. Cardiologist damaged area of heart

    Daughter had a cardiac ablation for atrial fib. Specifically told cardiologist not to go near the area of her heart that controls the heart rate as that area of her heart was already slightly compromised from open heart surgery when she was an inf...

    Ajay’s Answer

    It is possible. You need a good attorney who does this kind of work, and as others have said, a medical expert opinion from your lawyer's consultant.

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  • Chiropractor almost killed me. Do I have a case?

    I went to a chiropractor complaining of severe and unusual pain, stiffness, and inflammation/heat in my calf that had come on suddenly. He assumed it was muscle related and massaged it, stretched my leg vigorously, and even had an ultrasound pain ...

    Ajay’s Answer

    Sorry about your terrible experience. You need to consult with a med mal attorney who will need to consult with a chiropractor expert and maybe a pulmonology expert as well, so it is not really easy to prove.

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  • Can I apply for fee deferment or waiver for filing my case? If my attorney does that, will cause any problem?

    I have a question; my attorney for medical malpractice does not advance costs to reimbursment it later. Since I am going through treatment and don't work, I would like to know if my attorney applies for fee deferment or waiver that will cause any ...

    Ajay’s Answer

    I think you have a lot of clarity about many things. First off, the court is not going to pay for your case. You can get a filing fee waiver, but that is about it. The rest, including paper, copies, exhibits, experts and jury fees is up to you or your attorney.

    Now, if you are thinking of filing a malpractice suit your first question should be, "Do I have a case?" The only way you have one is if an expert with similar training to that of your defendant has testified that they found evidence of malpractice. If not, you don''t have a case. It is best to get legal advice from an experienced malpractice attorney. If they can't answer these questions you need a new attorney.

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  • Does a father have standing to bring claims under California Penal Code Section 240 and 242, for the death of his son?

    Dad wants to bring assault and battery claims (among others) against the Defendants for the death of his son. Does Dad have standing to bring those claims, and what kind of standing would that be? This is under California Law.

    Ajay’s Answer

    Sorry for your loss. You all need to see an attorney.

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  • I was born congenitally and genetically different unable to even receive SSI I now have a fistula is it a medical malpractice

    I was born as an x-linked CGD carrier with SLE two uteruses one kidney a six lumbar and now I am dealing with a Fistula from the third unnecessary surgery that they did and I have all the original documentation I just received it back from a pers...

    Ajay’s Answer

    Your situation would probably require multiple experts and thousand of dollars to review your medical history to find evidence of a medical negligence case. Then you may have to pay those consultants for their work in trial. Your case may also be capped at $250,000 for pain and suffering, adding to the risk of not getting your costs back. Find a local medical malpractice attorney and discuss all of the facts. Sorry to hear about this.

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  • An attorney said this may be a malpractice case

    i bought my plan through covered ca. I checked their in network prior to buying the plan. The i found out the the doctors who anthem said were in network were not. My card even said PPO but i was actually epo I ended up doing my elbow surgery...

    Ajay’s Answer

    As for the very questionable practices of Anthem, I am sure some big class action law firm is looking in to this and Fox news would be the first to launch news of the law suit being filed if it happens. Regardless of the insurance issue, which is serious, the surgery has to be proven to have been performed below the standard of care. Thus an attorney has to engage an "expert witness" physician who is qualified to review your medical records to find evidence of the professional negligence, or you have no case. Call an attorney because this is hard stuff. Sorry about your terrible experience.

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  • Can I sue apartment company or security company for negligent security? Personal Injury?

    A group of 7-10 people were blocking the entrance to my building, loitering, Security patrol knew they were there and did not ask them to disperse, I would imagine that would be considered foreseeable. Any how I was taunted with racial slurs as s...

    Ajay’s Answer

    Get a good attorney to maximize your case. Sorry about this!

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