QUESTION: Doctors broke the patient’s hip in a surgery done in Ohio in 2004. They put the hip in a 15-degree angle and did not notify the patient of what they did. The patient did not know the extent of the injury or damage until a surgeon in California did MRI and X-rays to see what the problem was. Between the surgery in 2004 until April 24, 2013 the fed has come out 8 times. The patient did not know of the injuries in the Bed Medical attention that she.
QUESTION: Can I sue and EMS company for telling me I am fine to go home after a car accident? They told me I’m fine so I went home. But 45 minutes later I had to be rushed to the ER for an emergency C-section because my baby’s heart rate kept dropping. ANSWER: Parents may have a cause of action for “wrongful birth” against a medical professional whose negligence led to an undesired birth … even if the child is born healthy. Medical professionals clearly owe a duty to patients.
QUESTION: Last month, I was flipped off my bike while cycling on a severely jagged and missing sidewalk. I fell on what appears to be a business property not currently owned but is up for sale. The sidewalk I fell on was on this property. I sustained quite a few injuries and left the scene bleeding. A few days later my back began to hurt too. There was an actual witness to the entire accident because I landed in traffic. I did not go to the hospital nor had any.
QUESTION: How is compensation determined in a premise liability claim? Is there a formula for determining compensation/settlement in a personal injury case, specifically a premises liability claim? How much can reasonably claimed for “pain and suffering” and/or emotional distress. ANSWER: Mass-producers of residential homes and lessors in the business of renting residential units are exposed to strict liability for defects in an integral part of the building structure (e.g., defective shower door, defective heating system. But the overall complex (the entire premises) wherein the housing is constructed is not itself.
QUESTION: My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence? ANSWER: While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct.
QUESTION: Several months ago I fell in a department store, shattering my shoulder and re-injuring my left elbow. Both of these injuries required surgery, with a good possibility of more surgery necessary. Insurance covered a good portion, but I’m already on SSA help with what’s left. How likely are falls in stores settled? ANSWER: Ordinarily the burden of proving negligence is on the plaintiff. An exception for this is the doctrine of res ipsa loquitor wherein the burden effectively shifts to defendants to absolve themselves from responsibility or to show.
QUESTION: I traveled to the Dominican Republic and stayed in a motel room which had both an AC unit and a ceiling fan. Both were turned on when I checked in, and it was too cold. So I stood up to turn off only the AC. As I pressed the button and it did not work, I stood on the bed to try again. When I stood on the bed, I hit my head on the rusted metal ceiling fan which resulted to 3 stitches. I went to the hospital.
QUESTION: I went to the hospital on June 24 complaining about stomach pain. The doctor only saw me for less than 10 minutes and was very rude. He didn’t give me any blood work or anything when I complained about serious stomach pain. He said he couldn’t do anything for me and that I would have to go to my regular doctor, which I don’t have. He just rushed me out and prescribed pain killers and pills to stop vomiting. He didn’t give me any antibiotics. I went home and.
QUESTION: Can I be convicted of battery for throwing a glass of water at a drunk guy in a bar? I was ticketed when I threw water at a drunk who was mouthing off at a bar. The called the cops who ticketed me without even going inside or questioning anyone. ANSWER: Intentional torts governed by § 815.3 include, but are not limited to, harassment, sexual battery and intentional infliction of emotional distress. Liability may arise if it is proven that causation was present in the case at bar. “Causation”.
QUESTION: I was rear-ended in December. CT shows 2 herniated disks in my neck and lower back. I am in tremendous pain and the insurance company said they will only pay after I have the surgery. I have no health insurance so I cannot afford surgery. They told me to call Medi-Cal. Is it true that insurance companies will not pay for needed surgery until I have the operation and pay for it on my own first? I need an attorney but I don’t know who to trust or where.
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