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My doctors office knew what I was already prescribed. For 8 months I had been trying out depression meds. When it was time to switch to a psychiatrist I decided to do my own research. I think i took 4 different types of meds. I believe only one ...
If someone almost suffers harm due to the carelessness of another, he or she almost has a great case... close only counts in... well, you know... and not in lawsuits... be glad you are fine... and find a physician whom you trust and with whom you get along well.See question
My mother was under the treatment of a urologist for kidney stones. She underwent surgery and had complications after that the doctor didnt follow up on and then he quit working at the hospital. Her new doctor discovered the kidney that was ope...
When an experienced medical malpractice attorney takes a case for a plaintiff, he or she will look to all parties that are allegedly responsible for the negligence whether it's direct negligence of negligent supervision... so... when one describes a situation where a surgery appears to have been horribly botched by an unlicensed physician who was on staff (a privilege that requires an active medical license in good standing), one is correct in wondering how the heck the hospital could allow this hack to have access to, and use of, an operating room... the next step in such a scenario is to contact a medical malpractice attorney for a free consultation... there are several of us that would be happy to provide one.See question
70 yr. old, pain in legs, feet, shoulders, neck and back from varicose veins, arthritis and maybe other conditions that haven't been diagnosed. Have been on Norco for 14 months. Previous to this, I was on Norco and then Dilaudid for several years....
If one asks whether he or she can sue a caring and competent physician for refusing to prescribe highly addictive tolerance building organ damaging drugs in appropriately for the :treatment" of chronic pain, I'd sure hope not... but the truth is that anyone can sue anybody for anything... and there are probably a couple attorneys who would take such a case... my firm would not... heck, if such a person came to me and truly wanted frank commentary on the situation, I'd tell him or her to be thankful he or she found a physician who doesn't prescribe junk and has experience with other treatments of chronic pain.See question
I slipped and fell at a Vons store on milk that was leaking from a trash bag removed from a Starbuckskiosk. My knee had been compromised before and was compromised again on the right side. I experience aggrevated hip pain or arthritis, bone spurs ...
Credibility is a key ingredient to a successful case... lack of credibility can come from flat out lying or from just having bad memory... when one forgets which leg was injured in the past, that can be a big deal with regard to credibility... but who knows? Well, actually I do know who probably knows... YOUR ATTORNEY... that's the person who should know more about your case than anyone else... know more about how it's going... how it could go better... how it can get worse... and what a good settlement is... so... assuming you hired an attorney whom you trust... and assuming that attorney is good... and assuming neither you or your attorney are greedy, you might want to consider settling on the advice of your attorney.See question
we recently had an experience that its really hard for anybody to go through long story short a family member was working on a house trimming some trees that are definitely over 15 feet and fell from a ladder on his back to a paved driveway that r...
The initial post on this thread clearly sets forth a very bad situation... and one thing upon which all the attorneys who will be contacted will agree is that condolences are extended to this family... as for the legal side... there are so many factors that need to be discussed and more information to be learned that a one on one consultation with an experienced personal injury attorney is the right way to go... Many offer free consultations and take cases anywhere in the State of California, so there's nothing to fear by calling.See question
I attended a doctor's visit with my daughter at Kaiser. As we were leaving, I fell down the stairs. The concrete stairs used to have a tread, but the tread had worn off and the stairs were "bald" in some places. I lost my footing and fell. I su...
While the definitions of what is healthcare and when it is being provided are very broad in California and are intended to make many things fall under MICRA, there are limits,,, straight forward premises liability are one exception so a slip and fall down the stairs upon exiting a medical building would NOT be limited by MICRA... that said... the poster is asking about arbitration and Kaiser and is a patient... so the answer lies in the contract signed between patient and Kaiser... and that can be determined by a lawyer during or right after that free consultation so many of them offer... bottom line though... arbitration would not be the end of the case... while there are challenges to arbitrating against Kaiser, guess what? Plaintiffs win the cases there too... Court cases have their own problems... whether court or arbitration is better is really a matter of the exact and specific facts of a particular case.See question
Insurance we're suing offered 300,000, ok sounds good, right? Medical bills rack up just over 110,000. Lawyer gets half and attorney fees are over 30,000. This means I'm left with 20,000. For all of my pain and suffering, surgery, loss of income...
As another attorney opined and calculated quite well, the numbers in the initial post just don't add up... in general... when one has an attorney... in California... and if one settles for $300.00... the medical lien gets up to a third... the lawyer can get up to another third... my firm certainly would... and the client gets another third... of course, this depends on whether a case was filed... how far the case went before settling... the initial arrangement with the lawyer and many other things... but here;s what many clients fail to appreciate... having the medical liens paid off IS FOR THE BENEFIT OF TH CLIENT AND PART OF THE CLIENT'S RECOVERY... the insurer paid out for care and deserves reimbursement... the victim got medical care which ends up being paid for by the defendant... so... in the above scenario, the way I see it... and the way it should be seen is that the client received TWO THIRDS and the lawyer one third.See question
Hi I am from Denmark and was in California as a tourist in May 2017. On May, the 26th I was struck by a car within the crosswalk lines and approximately halfway across an intersection in Santa Monica. Witnesses called 911 and paramedics and poli...
If a person suffers harm because of the negligence of another, as in getting rear-ended or T-boned in a motor vehicle accident, said victim needs to do the TWO STEP:
THE FIRST STEP: Immediately get medical attention from a PHYSICIAN.
THE SECOND STEP: Hire a personal injury attorney. Most personal injury lawyers offer free consultations and take cases on a contingent (meaning the client does not pay unless he or she "wins" money) basis.
INSURANCE COMPANIES ARE PROFESSIONALS: No one should handle any claim (involving a motor vehicle accident with bodily injury) against any insurance company without a lawyer. When going up against a professional, use an opposing professional. Insurance claims should be handled by a lawyer - one who will be able to understand and explain the physical damages and injuries from accident. The victim of a car accident really needs to worry about one thing - getting better. That means attending doctor's appointments, attending physical therapy (if appropriate), and taking his or her medication. All of the rest can be handled by a personal injury attorney. Attorneys earn their fees (contingent by the way) by taking on the stress and hassle of fighting for money - I dare say some of us actually enjoy the fight, but I realize that most people do not enjoy conflict.
WHO TO SUE: As for getting recovery – even if the at fault driver did a hit and run – the attorney will be the one to know how to go after anyone and everyone plus their insurance companies who has even a hint of liability... while making absolutely sure not to cross the line into frivolous lawsuits or extortion, we will use all legal means to recover for our injured client(s). In a motor vehicle accident, most personal injury attorneys immediately target the driver, the owner, and the employer of the driver as potential defendants. If the defendants want to argue among themselves, so be it, but if the accident is the fault of the driver, at least one of them will be found liable when the jury gives the verdict.
FAULT: As for determining who is at fault, determining who is at fault or partially at fault in a motor vehicle accident can be easy (as in the rear-ender) or more commonly not so easy as it requires witness interviews, drivers' statements, accident scene photos and reports, police reports, etc. If a determination is made that a drive is not at fault, then there is no legal liability. In the case of disputes over how to interpret all of the evidence, a court will determine fault, not the insurers, not the police report, not the expert hired gun witnesses, not the witnesses, not the brother of one of the drivers… the court will.
GET BETTER: When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.
Fortunately, most of us personal injury 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.See question
I am pro per after a surgery I blacked out and fell at home after I specifically asked to be kept an extra night. I went to ER by ambulance a few days later ER doctor said there were no fractures. Spinal doctor then says there is a fracture does a...
When one has contacted a few experienced medical malpractice attorneys and been shot down by all, one probably should take a truthful look at what thinks is a great case as it may not be so great... as for taking on a med mal case pro per... probably as foolish as the physician (who may not have a law degree) defending himself in a med mal suit... hey, anything is possible... but likely is the operative word... in all likelihood and reality, the defense will file a motion for summary judgment as soon as they learn that the plaintiff has no expert witness and that will end the case right there.See question
Can the pizza company/restaurant get away with not covering this? How can they just tell their drivers to carry insurance and then be off the hook? We are in California.
Big pizza chains, like other huge businesses, carry many forms of liability insurance.. they probably have a slice of "Errors and Omissions" and a slice of general liability as well as a slice of coverage for their drivers... the discovery (the process of digging for facts after suit is filed) will likely reveal what's beneath the crust... and there will probably be way more dough available (through several insurance policies) than needed for any one common-place occurrence. Thus, the victim of a negligent big chain pizza delivery person will probably get to have his or her pie and eat it too.See question