Medical malpractice

When filling a Government Claim form against a government-run hospital (example, UCLA Medical Center) for Medical Malpractice ..

... , can the dollar amount sought, be stated in the claim form? ..(I ask, because in Government Claim forms filed against the Court Personnel, the dollar amount cannot be stated, for some reason(s), per their internal codes/case law(s)).

Nathan’s Answer

No one can really tell you what to do without reviewing your case carefully for all kinds of issues including statute of limitations, notice requirements and so on. Submitting the claim without the form itself MAY be indicated depending on your case since government claim forms can be very limited in space. Consult with a local administrative attorney who ideally practices within the healthcare law sphere.

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Professional ethics

Can a lawyer charge fees past a FLAT FEE agreement, especially when no charges were brought against the client to begin with?

I discontinued work on my case for my lawyer. He gave me an itemization of fees which exceeds the FLAT fee we agreed upon. In our retainer agreement and discussion we set a flat fee for his services which included if the case was brought to court. Ten months have passed and know charges have been brought upon myself. The bill exceeds the retainer fee (Flat Fee) and his hourly rate was never discussed or agreed upon by myself. What are my options? The fees are excessive and shocking.

Nathan’s Answer

The fee agreement, if one exists, and amendments to such an agreement, if there are any, control. If this continues to be an issue, you can negotiate with the attorney directly, or have other counsel speak to your counsel to straighten this out. You can also not pay, and possibly face fee arbitration and/or litigation.

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Liquidating business assets

Is it true that any senior entering an assisted living facility must sell all their real estate holdings, and enter flat broke?

My mom who is in her mid-eighties and on Social Security and Medicare is thinking of selling her home as well as an apartment building (combined value of $1,200,000), so I was wondering if she has to liquidate both of them before being eligible for admission?

Also, can an insurance policy be purchased by her to defray this loss of value including $6,000+ in monthly income from the apartment building?

Nathan’s Answer

You are referring to the "spend down" mechanism. Liquidation may not be enough since by liquidating, you are not so much losing in value, as you are transmuting the nature of the value. An in depth discussion with counsel is warranted.

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Hospital intensive care

My mom stayed in a hospital intensive care unit for one month. Does the hospital has the right transfer her?

My mom stayed in the intensive care unit for a month, she has insurance coverage, she is a citizen. hospital asked her to transfer to another hospital other wise they will stop all the necessary medical services including treatment,etc. Is it a criminal? Hospital has the right to do so?

Nathan’s Answer

I am sorry to hear your mother required ICU care. Has her condition deteriorated, or gotten better, in a way that makes it so that ICU is no longer the right place for her? Doctors may have decided it is better for her to go to telemetry or a step-down unit, rather than to stay in ICU where critical, urgent, acute care is administered. A social worker at the ICU office or level or floor may be able to work with you to explain what is going on in more detail.

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Elder law

In a seniors mobilehome park in california, can they charge a fee for a family member to be there that is providing health care

The daughter (myself age 55) of senior (my mother age 80),is staying in home temperarily to take care of sick mother,the management knew this ,two months ago as I spoke to them myself while the mother was in and out of hospital with bladder removal surgery,they knew that I was also there to feed cat on fats she was not there (in hospital))we have a drs note stating senior needs 24hr care,(although law says imediate family doesnt need drs note)and can they also make me(daughter)fill out an application to be there?I understood that note or appli. isn't required of seniors family member

Nathan’s Answer

The answer to your question depends heavily on the detailed nature of your stay there and whether this is a situation addressed or accommodated for in the patient/resident care agreement. You may want to have an attorney take a look.

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My fathers doctor has been prescribing medicine he doesn’t need

My fathers doctor has been prescribing medicine he doesn't need for the past 3yrs or so. Recently tried to over dose.

Hospital said there is nothing wrong with. No reason he should be taking all those combination of medications. Can the doctor be sued or made accountable for any of this?

Nathan’s Answer

You need to speak to a knowledgeable healthcare attorney who understands drug combinations and contraindications. You will need a list of the drugs, along with whatever medical conditions your father has, along with any pain or damage he has suffered, along with a history of the facts of the case. You can then even have a physician assess the drug combinations/interactions to see if they should not have been prescribed. Your comment that "he" tried to overdose suggests the doctor tried to overdose your father?

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Medical malpractice

My doctor took a video of me sleeping in his consultation room then proceeded to show the video to his staff. Is this legal?

Is this a breach of patient confidentiality? Malpractice?

Nathan’s Answer

Your facts, without more, do not appear actionable in regards to patient confidentiality or malpractice.

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Personal injury

Workers Comp -Major Health Care Provider Says They Control My Health Care For Injury On Their Property And I Don't Work For Them

I am employed in an office job of a major contractor building a new hospital. I was injured (whiplash, back injury, leg injury) in a fall in a hole in a workplace parking lot at the job site. The owner's of the new hospital said that because my injury occurred on their property they get to control my medical care/treatment through their Workers' Compensation program and I can't go through my own health care provider. I never received a Physician Designation Form from them and I never legally agreed to this. I am dissatisfied with the lack of care they have given me for my injuries, the mistakes, not advocating for me properly. How can I see my own doctor for medical care?

Nathan’s Answer

You should speak with your employer! It is interesting the owner of the new hospital intercepted.

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Education law

I won my case at OAH against LAUSD. Does School district have to pay my attorney fees and back wages?

How long do they have to appeal the verdict? Who decides whether ground for appeal are warranted by LAUSD? If the appeal to superior count is granted, and the case is tried at superior court, and I prevailed in superior court, does school district have the right to appeal the verdict in superior court? If the appeal is granted, is the case returned back to superior court?

Nathan’s Answer

Under Education Code Section 44944, a successful respondent may be entitled to attorney fees and costs. This is assuming you are a teacher, or other tenured employee who defeated a school district's attempt at termination or suspension. Education Code Section 56507(b) may also apply if you are a prevailing parent, guardian or pupil - but you mention back wages - you will need a full consultation to determine your rights to attorney fees, back wages, and ultimately any response to any appeal, if such is allowable, and pursued by the LAUSD.

 

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Business

Can I apply for liquor license if there are gas station, 7 11 and liquor store near by me?

I am thinking about renting a retail store and open a liquor store. But there is a gas station on the other street, about 387 feet away. Also there is a 7 11 store on the other side of the street, about 450 feet away and there is another liquor store that is about 528 feet away from the location I plan to open my store. Is there any chance that I can opens liquor store. Thanks.

Nathan’s Answer

Store may be subject to zoning permit approval. Contact your city to find out more.

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