in my 33+ Yrs of Medical Malpractice cases, I have also seen that not only could the hospital be responsible, but there may also be a Products Liability claim.
Even if the injury was intentional the Daycare center may still be responsible for Negligent hiring, training and supervision. but to answer your question, you should contact a Personal Injury as soon as possible. during my 33+ yrs, i have seen that delay in follow up make your case more difficult.See question
Absolutely but it also depends on what was included in the "Informed Consent" document that you signed. Even then, the injuries and damage you received may very well make any such "Informed Consent" invalid..
My office in Mission Viejo has handled Medical Malpractice matters for more than 33 yrs and we have a l cases proceed despite any such consent issues.
I have been doing Medical Malpractice cases for more than 33 yrs. This doctor seems to have crossed the line.
Clearly, the hospital (radiologist, orthopedic, hospitality etc) were clearly wrong and missed the compression fracture.
However, none of them CAUSED you any damage.
The bottom line is that if they had been correct, your treatment would have been the same.
Hope you get well soon.
If by the case "has been settled" you mean the crimminal case, then yes you still have time. Two (2) years from the incident. but if you mean the civil case has been settled, then no unless there was fraud which induced you to settle, but that will prove to be a huge mountain to climb.See question
I have been doing Medical Malpractice cases for 33 years and your case seems like it is worth more than the jurisdictional limit of small claims court.
Also, you will still need the testimony of a medical expert.
Your daughter will be responsible to to pay not only Medi Cal but also to repay her own insurance for benefits paid under her own policy.
Both her own policy and Medi Cal will reduce the payback amounts.
Her attorney should seek these reductions keeping in mind that Medi Cal has a statutory reimbursement formula which is quite beneficial to your daughter. The Med Pay portion of your daughter's Auto Policy is negotiable but should be reduced by about the amount of attorney fees and a proportionate share of the costs. (This not written in stone).
You ABSOLUTELY have a right to your own attorney! There may be policy limits that need to be split, there is an obvious conflict of interest merely because you are asking this question. there are insurance subrogation (Reimbursement) issues to consider and possibly comparative fault issues for your friend, that really doesn't affect you or YOUR settlement. You may also have additional coverage from your friend's policy and/or your own auto policy even if you ultimately settle with the other driver. I have dealt with these issues for the past 33 years (as i am sure many of us on Avvo have as well. DON'T DO ANYTHING FURTHER WITH YOUR FRIEND'S ATTORNEY UNTIL YOU HAVE HAVE HAD A SECOND (FREE) OPINION.See question
California Products Liability cases in California favor the injured individual, so act ASAP. Keep the chair as it will be needed for inspection by an Expert Witness. I have been doing these cases for more that 33 years as I am sure many others have as well. call anyone of us for a free conultation. most of us handle these cases of a Contingency Fee basis.See question