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Gregory Lynn Johnson

Gregory Johnson’s Answers

22 total

  • Is an autopsy necessary for a medical malpractice / nursing home negligence / wrongful death lawsuit?

    My 90-yr-old mother died 8 days ago but I'm deferring cremation for 2 or 3 more days. I can't afford to pay for autopsy. Is there a way to get it free?

    Gregory’s Answer

    • Selected as best answer

    First, an autopsy is not necessary, but depending on the circumstances can be extremely helpful in proving your potential case. Still, autopsies occur in only a very small percentage of nursing home deaths because people find themselves in exactly your situation. Second, autopsies are "free" when they are done by law enforcement, but they only do them when they suspect that a crime has been committed. You should consider contacting the police and telling them your concerns just to make sure they have all the information necessary to make an informed decision. As I said, however, this is rare with nursing home deaths. More commonly, I have had clients pay for their own autopsy. It's also possible that an attorney could pay for the autopsy if the case warrants that kind of investment up front. I suggest you contact the police and an experienced nursing home lawyer as soon as possible.

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  • MOTHER ENTERED A NURSNG HOME AFTER A STROKE-A MEMORY CARE UNIT. THEIR CALL BUTTINS DID NOT WORK

    ALERT AND A LITTLE 1 DIMENSIONAL. AFTER 18 DAYS OF (DOCTOR ORDERED) NO OXYGEN CONSTANT FALLS AND NO LOW BED..SHE WAS IN IC WITH PSYCHOSIS A UTI AND FEET THAT WERE TORN FROM TRYING TO GET OFF THE FLOOR FROM FALLS. WE WENT TO THE NURSING HOME EVER...

    Gregory’s Answer

    You may very well have a case. You should not sign a Release of any kind with the facility until you contact a lawyer. Please do yourself a favor and find someone experienced with Elder Abuse/Neglect and Nursing Home cases specifically. I have handled hundreds of similar cases in your area if you would like a free consultation. Good luck to you and your Mother.

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  • My son commited suicide in the hospital can i sue the hospital and the doctor.

    My son suffered from long time mentall ill. when he was put on a 5150 the mental health worker wrote on the report he was hightly suicidal and to be xtra carefull with him. The report which arrived with him to the hospital. where he had been hospi...

    Gregory’s Answer

    Very sorry to hear about your son. The short answer is yes, but I agree with the prior attorney that you need to follow up with an attorney as soon as possible. I am personally aware of several similar cases that resolved very favorably for the family, but the approach to the case is critical. Good luck.

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  • My grandmother was given morphine and is now in a comatose state.

    My grandmother was given morphine 15mg time release 2 times a day for 2.5 days (5 dosages) with copd, sleep apnea, and kidneys working at 25%. She has been in a semi-comatose incoherent state for a week, she was administered Naloxone and instantl...

    Gregory’s Answer

    It may be worth pursuing, but you need to speak with a California Medical Malpractice attorney to know for sure. To answer your question, an attorney needs to gather the records and have those records reviewed by an expert to determine if there was a breach of the standard of care. You can use Avvo or your local bar association lawyer referral service to find counsel. Good luck.

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  • What is it this neglegence/malpractice?

    Was not told about a CSF leak created during a discetomy, ambulenced from home back to ER after calling office several times about debilitating headaches.needed emergency Laminectomy due to same disc that was supposed to be repaired re herniating...

    Gregory’s Answer

    The best we can tell you is that it might be malpractice. It's also possible that the outcome, as opposed to how the outcome was handled, is not necessarily the result of a breach of the standard of care. You need to speak with a local medical malpractice lawyer to find out. I assume this happened at Los Robles?

    I am happy to help or to refer to you someone else in the area if I cannot.

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  • How long do I wait until I am legally considered an abandoned patient?

    Started dental tx early 2011, told tx would be 6 mo. to completion, tx paid in full up front. As of today, 9/18/2012 tx still incomplete, not due to compications, or missied appt on my end. Since last appt 8/6/2012 made numerous phone calls to sc...

    Gregory’s Answer

    There is not a certain number of days, but rather, it's a question of fact given all the circumstances of your case. Remember that despite what your rights may be with regard to either forcing this dentist to complete treatment or refunding your money, you have a duty to mitigate your damages. Basically, you have the duty to act reasonably quickly to make sure that your condition does not worsen just from the delay. You should be able to find an attorney in your area either on Avvo, or through your local bar association. Good luck.

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  • I had a surgical sponge removed my nose that had been in there for six years, should I talk to a attorney

    Six years of numerous sinus infectios

    Gregory’s Answer

    Yes. Assuming you are correct, and assuming you only recently found out about the sponge, you should be okay with the statute of limitations. The statute of tolled during the presence of a "foreign body" that does not have a therapeutic purpose, which this sponge certainly did not. You still should seek a lawyer immediately.

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  • Is this something worth pursuing?

    My Doctor prescribed 3x the medication to me. While at the hospital, I suffered a seizure walking down a flight of stairs. As a result, I was sent to ICU and received four stitches for my head. I had also torn my knee ligament. My doctor said...

    Gregory’s Answer

    The best answer we can give is "Probably". You need to be able to prove that it was the medication that caused you to fall, and people fall for lots of reasons. You need to contact a medical malpractice attorney in California to discuss this, and do so immediately.

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  • Is lack of informed consent a cause of action?

    is lack of informed consent (medical) a cause of action? medical case, in CACI, there's no exactly the name as "lack of informed consent", it only has "Failure to Obtain Informed Consent" questions: 1. shall use "lack of informed consent" or "F...

    Gregory’s Answer

    The lack of informed consent can be used an an element to support another cause of action. This is because a person still has to show causation and damages. It can also support a cause of action for battery. Practically speaking, a lawyer looking at this will want to know how the lack of consent caused you harm (i.e., a very bad outcome resulted and you would not have consented to the procedure or treatment if asked) and what damages resulted. I don't know the setting or the circumstances, but beware of overly broad consent forms used in hospitals and before some surgeries and procedures.

    Because lack of informed consent can support more than one cause of action, the statute of limitations will vary. The shortest would be medical malpractice, which is one year from when you knew or should have known that you had a claim.

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