What is california's statute of limitations on medical lien?
As a former auto claim adjuster for 10 years, have heard a lot of "horror" stories about some lawyers. My husband, a semi retired lawyer, had a client come into his office with $45,000 in medical bills that were never paid by her lawyer and the lawyer took $55,000 of her $100,000, and she was facing bankruptcy. She "assumed" that the lawyer paid her medical bills and subsequently spent her settlement check. About 99% of all lawyers with a lien or even w/out a lien, will take the settlement check and pay the medical bills 1st, then take their cut of 33% to 40%, then what is leftover is given to the client, as theirs to keep. There could be a possibility that they may not have all the medical bills on file, but in most cases they do, since when they request the medical reports, most will also request copies of the bills so that it is included with their demand to settle their case. Unfortunately, since you received medical treatment, you will be held responsible, since in almost ALL cases, to receive treatment, you would have signed a form with each provider that states, if insurance does not cover my expenses, I agree to be held responsible. As for the statute of limitations, only a "real" lawyer can tell you. My suggestion is to make an appointment with a "real" lawyer of your legal rights. Many will give you 1 free consult to see if you have a case or not. Most likely like in the case that happened to my husband, is that if in fact he ignored this lien, then he could be charged with malpractice. But;;;;;be advised, that lawyers, like doctors don't like to sue another for malpractice, since they get scared that one day the tables are turned and someone sues them for malpractice. One other thing I just remembered, is that many lawyers only keep their files for so many years and then gets destroyed, so they may not have any records, but that would apply in your state of the statute and malpractice laws if they would still have or not. One last thing to offer you, is go to the ABA (american bar association) in the state where you live and file a complaint on this lawyer. By law, they will notify the lawyer and he has to answer to this complaint in most cases w/in 30 days of the reason he in fact did not pay, or could argue he never had received this lien. File the complaint and also get a 2nd opinion. good luck
What is the award limits for medical malpractice in california?
There is no cap on recovery for economic loss (e.g., medical expenses, lost employment, etc.). There is a $250,000 cap on non-economic losses (e.g., pain and suffering). (Civil Code section 3333.2.) The interesting thing is that juries are not told about this cap, and so can bring in a verdict for as much as they think the plaintiff should be awarded for non-economic damages. As a result of the cap, some jury awards have been reduced by millions of dollars. Whether you think this is a good thing or not probably depends upon whether you think that juries are monumentally stupid or not (and if you think they are, why do you support a jury system at all).
Is there a statute of limitations on medical billing in California?
Yes, there is a statute of limitations on a provider's right to collect on a bill. The claim will technically be called "account stated" or it can be under a contract law theory.The actual length of the statute of limitations will vary by state, and by the theory of the claim. Please consult an attorney for your own particular circumstance.
What is the statute of limitation for medical malpractice in Nevada? Some sites say it is two years, others say it is one year
This case happened to someone I know as a family friend. The husband was in Las Vegas,NV when he was admitted to hospital for breathlessness . The hospital did ECG and angiogram and found 3 blocks. Normally they do angioplasty but could not since it was in a vital area. They finally opted for a bypass surgery - and discovered another clot. However since the doctor was in a hurry to go on his vacation and chose not to do anything about it . They finally put the machines back and he was given an unusual amount of blood thinners. The doctor came by and apologized to the wife for missing the clot but then went on his vacation . Eventually for the husband ,his organs started to fail and he passed away in the hospital.This is the case of an immigrant family from India who used to live in Houstn,TX. Soon after the doctors found that the wife had cancer and her treatment took several months. When things started becoming normal , the wife started to explore her legal options and was told that the statute had expired and there is nothing that any lawyer can do about it.In which world is this fair ? What are her best options for seeking justice ?
What are the stature of limitation for medical malpractice in Illinois?
Medical malpractice isn't a crime, so there isn't a statute that limits action. However, civil torts or civil claims may have limiting time frames. The situation you describe is probably actionable, but I'd strongly suggest talking with an attorney or two before dumping a lot of money into chasing a case that a jury may dismiss out of hand.
What is the statute of limitations on claiming alimony in California?
I’m not aware of any statute of limitations on spousal support in California (and I’ve been practicing family here for over 15 years). However, the judges often impose their own statutes of limitation. For example, if you separated 10 years ago, and just now coming to court to ask for spousal support, it may be denied because you survived so long without it. However, it may also be perfectly reasonable to ask for spousal support after being separated 10 years. It just depends on the facts, and every case is different. Judges have a lot of discretion in ordering spousal support.
Does anyone know the statute of limitations for medical malpractice resulting in death in California?
Thank you for the question. I'm sorry in advance if this involves someone you know. I'm not licensed in CA and therefore I cannot give legal advice there. I did however perform a google search which revealed some similarities between the laws in California and the laws in New York. However, please be aware that this info is based on a google search and is not legal advice. It seems the statute of limitations depends on a number of factors. One factor is who you are suing. If you are suing a governmental entity, it seems you are required to file a claim within 180 days from the occurrence. If it's not a public entity, it appears the SOL is 1 year (wrongful death in general seems to be 2 years, but when it occurs due to medical malpractice it gets cut back to 1 year). There are various other things that might increase the time such as it happening to a minor or someone under a mental disability, the patient reasonably did not know there was malpractice, or there was intentional deceit by the defendant. Your best bet is to immediately contact an attorney who has experience handling medical malpractice cases in your State. If you don't get the info you need, or aren't satisfied, then contact another one. Good luck!
Is there a statute of limitations on car damage in California?
Yes, there is. The statute of limitations for damage to property in the state of CA is 3 years. For personal injuries, the limitation is a bit shorter at 2 years.Those limitations are for incidents not involving the government.The deadline is much tighter when you’re filing a claim against the city or related government entities. In accordance with the law, the government cannot be sued without its permission, and so should be given notice prior to the filing of a suit. To do so means plaintiffs must file an administrative claim with the government agency.In cases against the government, the injured or aggrieved party has 6 months from the day of the accident to serve that administrative claim for an injury. Meanwhile, people who want to sue the government for breach of contract or damages to property have 1 whole year to file that administrative claim.Here’s a more in-depth look at the deadlines you have to meet when filing for an accident claim or lawsuit: Your Legal Time Limits After A Crash. Hope this helps.
What is the statute of limitations in California to sue CPS?
Not interested in if people think there is a case or not, or if CPS was doing their job, or What other opinions people might have. If you bother to respond please just answer the question asked regarding statute of limitations
What circumstances in medical malpractice could cause the statute of limitations to be extended?
Each state has it peculiar take on the extension, if any, of the statute of limitations in a medical malpractice case. Infants and incompetents are generally not subject to the statute of limitations until and unless they either reach majority or regain competence to maintain an action. Some states have sought to restrict even these rights, e.g. “a child injured by malpractice must have the cause of action brought on their behalf by the age of 14″; but when tested in the courts, these restrictions have been struck down as unconstitutional.Another instance in which the statute of limitations can be extended in some states is where there is fraudulent concealment of the facts constituting the malpractice by the health care provider who is alleged to have been negligent, e.g. the physician altered the medical records or destroyed evidence showing the event constituting malpractice.Some states allow extension of the statute of limitations based on the discovery rule, e.g. the patient did not discover that the radiologist had missed the bone lesion until three years after the x-ray when another doctor diagnosed bone cancer. The discovery rule has also been used in retained objects left in the body of a surgical patient (such as gauze, clamps, scissors) until an x-ray revealed it after the 2 year statute of limitations expired.Some states are extremely strict on maintaining the 2-year statute of limitations, even when logic would show the patient could not have reasonably discovered the condition within the statute of limitations. Others are more forgiving.Each question of extension of the statute of limitations has to be framed within the particular state where the malpractice arose. Depending upon the state, obtaining an extension can be relatively easy or infuriatingly hard or arbitrary.