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Paul J Molinaro
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Paul Molinaro’s Answers

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  • My attorney called me and told me the insurance offered $ to close my case whats next?

    I got injured from shoulders on July 4 2014 doctor put me light duty for 2wks then i started going on therapies after that i stoped working because i couldnt take the pain.But from that time i didn't get any benefit from disability cause i didn't...

    Paul’s Answer

    "whats next?"

    Poster, you're kidding right? What is next is you talk to your lawyer... you, know that person you hired and will be paying to answer all of your questions.

    Sheesh.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

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  • CA Motor Vehicle Code - What is the definition of a "person?"

    All the carpool lanes on highways say "Carpool is vehicles with 2 or more persons only." Do both persons necessarily need to be currently alive? Would cremated remains satisfy the element of a second person for the carpool lane? I have heard of pr...

    Paul’s Answer

    Ashes to ashes,
    Dust to dust.
    You break the law,
    Pay the ticket you must.

    - Yoda

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  • 364 Letter

    Is a 364 letter valid/acceptable if drafted and served by the plaintiff himself (provided all guideless of service have been met), or is the letter only valid if served by a licensed attorney?

    Paul’s Answer

    The 364 letter can be drafted by the "plaintiff." So can the complaint... so can discovery... the plaintiff can hire the expert witness and depose all the parties, witnesses, and experts, and write his or her own oppositions to motions... and the plaintiff gets to conduct his or her own trial... our legal system is just that wonderful that it allows people with zero legal knowledge to play the game and gamble... of course, medical malpractice defense attorneys generally eat "pro per plaintiffs" for breakfast... but, hey, if that pro per wins? Well, he or she saved all those unnecessary attorney's fees... you know, the ones that are slashed to rock bottom prices by MICRA... but is is a savings... or one could consider that I'm being sarcastic and hire a lawyer for a medical malpractice case as that is the proper way to do things.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Is there a lawyer who can handle cases for inmates regarding possible of esbestos in his sleeping area in the prison?

    prison is in Tehachapi, CA

    Paul’s Answer

    Exposure to asbestos is one thing... but actually having a disease from it... like MESOTHELIOMA... in another... if someone has mesothelioma, there he or she would need a lawyer who handles such cases... if the Avvo search tool does not pop a name out, contact one of us who posted here for a referral.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Intentional Infliction of Emotional Distress

    My partner would text me, "be ready " I will be there in 10 minutes and I would do that. I would also listen to him accuse me of the being with other men, and it was only when he wanted sex that we had it, if I said or did something wrong he would...

    Paul’s Answer

    When couples split... after a long term relationship wherein they lived together... and one was dependent on the other, there can be some compensation awarded to the dependent one through a Marvin action... California has no common law marriage... but does have laws on point... this poster may want to consult with a lawyer who handles Marvin actions.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • I have a big case in my hands but I don't know if my lawyer is doing her job. Please advise.

    I was recently in a car accident on the freeway. I was passenger. An 18 wheeler hit us causing us to spin out and the car stalled. (2015 c class) a jeep then hits us at 75 mph we were all sent to the hospital. That jeep fled the scene but later wa...

    Paul’s Answer

    Bad communication between lawyer and client is never good... and should it be the lawyer's fault... the client needs to force a sit down and straighten it out or seek counsel elsewhere... now... that's the obvious part... the other issue in this post is that the client seems to want medical care for free or on the "I'll pay you Tuesday for medical care today" plan... when said client has insurance that will cover it except for co-pays... while there are health care providers who work on liens... they tend to want more money when the case is over than the insurance company lien will demand... and that means when the smoke clears less money in the client's pocket... this person really needs to discuss all of these issues with his or her attorney and get understandable answers... there's a lot to it... enough for a couple hours of face to face time with the attorney for sure... and if that attorney is not willing to spend that time... there are others who would do so gladly.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Can i take an ER dr to court for claiming I miscarried as she pulled a blob out of me & later found out i never miscarried ??

    Light bleeding so I continuously visited the ER for ultrasound checks. 3rd visit was when she claimed I miscarried. Was still pregnant with the same fetus two mos. later. I begged for an ultrasound instead of a pelvic exam but dr. Chun of paradise...

    Paul’s Answer

    The initial post sets forth a confusing story... bottom line is that if a physician messed with the birth canal and removed some kind of tissue during the prenatal period... and the baby has some problem... then... get ALL the medical records and get to an experienced medical malpractice attorney's office for a free consultation right away. There may be a winable case or there may not... but the only way to find out is by a one on one consultation.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • The dentist gave me meds that she knew I was allergic to can I sue

    They knew I was allergic to the meds and still gave them to me the shifted my jaw bone now i have a under bite

    Paul’s Answer

    I have seen a lot of allergic reactions... but never one that involved a madibular shift... but then, I have not seen everything... yet.

    Prescribing medications to which a patient is allergic... when that patient informed the prescriber prior to the prescribing... is BELOW THE STANDARD OF CARE... that part is easy... if there were no damages that resulted, there is no "negligence" and thus, no winable case.

    Ignoring all of my above post, anyone who even thinks he or she has a medical malpractice case should immediately consult with an experienced medical malpractice attorney. Most of them offer free consultations, so there is nothing to fear in calling one of them... not me for this particular potential case... but one of "them.".

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • Do I have a medical malpractice case?

    3 years ago I was admitted into the hospital with a kidney stone and infection in my blood. I was told a urologist would be in to see me. After 5 days of being on a clear liquid diet I had to be transferred to a different hospital because there wa...

    Paul’s Answer

    First, the statute of limitations in CALIFORNIA on such a fact pattern is one year (six months if governmental entity) and that horse has left the barn... Second, an extra stay of five days would not be anywhere bear enough damages for my firm to consider worth the trouble of writing a complaint let alone doing a law suit... and I do not know any experienced medical malpractice attorneys that would... if it's the bills that the poster is pissed about (come on, there was no way I was going to let that one slide), he or she should press the issue with the billing department of the hospital charging for the unnecessary five day stay... if pressed properly, they may just let it go.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question 
  • My sister in law recently had a baby, my nephew is now in ICU - she had a very complicated pregnancy.

    To start, her OBGYN miscalculated how far along she was. They induced her, only to find out she wasn't as far along as they thought she was. So in turn my nephew was born premature. Her amniotic fluid was leaking for about a week, which she brough...

    Paul’s Answer

    While having a baby seems like a simple natural process that can occur in the middle of nowhere and end just fine (as it has for many), it is really a complicated process beginning with the union of two cells and ending with a fully cooked human in just 40 weeks... even with all of our electronics and medical advances, many things can go wrong and many judgment calls can be wrongly made... whether a bad outcome leads to a successful medical malpractice case depends on the degree of "bad" in the outcome... and whether it was a result of practicing below the standard of care... questions that an experienced medical malpractice attorney can address with a one on one consultation.

    Fortunately, most of us medical malpractice types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    See question