By | November 24th, 2013

QUESTION: Can my dentist bill me one year later after the final service as revenge for my complaint to an insurance company and Dental Board? I took a root canal treatment from my last dentist S one year ago. But several months later, my inflammation came back and even worse. My new dentist Z told me that my inflammation is all caused by the incorrect root canal treatment which was done by S. But S denied that. After that, I got a dental surgery for my tooth from a specialist..

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By | November 24th, 2013

QUESTION: Does California State law state that medications for children can be given one hour before or after the stated time before it is considered negligent? ANSWER: The California State Law does not provide for a specific period of giving medication for children. Where a negligence action is predicated on defendant’s violation of a statute, ordinance or public entity safety regulation, plaintiffs may be entitled to the benefit of the “negligence per se” doctrine in establishing their prima facie case. This doctrine presumes defendant’s duty and breach (failure to exercise.

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By | November 17th, 2013

QUESTION: I am wondering if tapping into my uninsured motorist will cause my rate to go up. There is a chance that I might be said to be partially at fault for the accident. In reality, I was a pedestrian sighted for jaywalking. But the driver who hit me was sighted also because they backed into me. I have a lawyer but just want to know others’ thoughts on the issue of my insurance premium. ANSWER: Subject to exemptions for excess and umbrella policies and in the absence of proper.

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By | November 17th, 2013

QUESTION: Should I accept the policy limit of the at-fault driver, even if it only covers a fraction of my damages? Fourteen months ago, I was involved in a motorcycle crash where the at-fault driver failed to stop at a red arrow left-turn-light. The medical bills alone amount to about $100,000, but the liable driver’s insurance policy maxes out at $15,000 for bodily injury. I did not carry uninsured/underinsured motorist coverage. My attorney says a background check on her did not reveal any assets they could go after in a.

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By | November 15th, 2013

QUESTION: What does an attorney gain by keeping all the records of the auto injury/medical records before signing a retainer’s agreement? – I went to see an Auto injury attorney and he wanted to keep all the prior third-party insurance letters and all the records including medical records for this accident, which he wants to keep for a couple of days before making up his mind about taking this case or not. What are the disadvantages for me? Can this attorney scan my documents and save them on his computer?.

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By | November 15th, 2013

QUESTION: Can my employer fire me if I file a personal injury claim for negligence against my job? I already have a Worker’s Compensation lawyer. ANSWER: Ordinarily, an employee’s rights against his or her employer for on-the-job injuries lie solely under the workers’ compensation law—i.e., when the “conditions of compensation” are present, the employer is immune from civil damages liability because workers’ compensation is the injured employee’s “exclusive remedy. Workers’ compensation is basically a “no fault” system of redress for work-related injuries—i.e., benefits are paid to injured employees without proof.

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By | November 12th, 2013

QUESTION: My wife died from a virus that doctors believe was caused by an infusion type drug for lupus. After an incorrect diagnosis of Lupus Cerebritus specialists diagnosed her as having the JC virus which caused PML in her brain. She passed away about 3 weeks after this diagnosis. The specialists believe that the virus was caused by the drug Ben-Lysta which was prescribed to her for control of her lupus symptoms. I am not sure if this would fall under "failure to diagnose", "bad drug", or "wrongful death". Do.

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By | November 12th, 2013

QUESTION: My mother got hurt on her right arm and right leg in a local hospital caused by a malfunctioning elevator. She went the same hospital for a check-up but was still being charged for her visit even though she informed them that such incident occurred within the hospital premises. She could not sleep at night and is in pain to the point wherein she even got a fever. Do I have a case? ANSWER: A hospital’s professional duty is “primarily to provide a safe environment within which diagnosis, treatment,.

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By | November 12th, 2013

QUESTION: I was sent to see a pain doctor. He came into the exam room and told me I had to sit next to him. I didn’t want to but he insisted. During his questioning, he repeatedly put his hand on my leg. I dismissed it thinking he was just a touchy person, but later after he said he couldn’t treat me and I was about to leave he said he needed to listen to my heart. So I sat down again and he put the scope down my top.

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By | November 12th, 2013

QUESTION: Last night I was getting off the freeway ramp and realized that the car in front of me decides to slow all the way to about 10mph. I decided to get into the other lane, drive up, and safely get back to the original lane I needed to get into. I asked the passenger what he was doing, and she told me that he was full on texting while driving. I stopped at the stop light ahead, and 5 minutes later I feel a ram into my car and.

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