California healthcare | Dolan Law Firm

Learn About the End of Life Option Act in California

Today’s question comes from Nestor in Hayward who asks “My uncle has end stage cancer and is in pain. He is in hospice right now and has maybe 2 months to live. He doesn’t want to live the rest of his life suffering in pain. I heard that there was a law which was passed that would allow someone to talk to their doctor and get assistance in ending their life. Is this true? “

Nestor, my heart goes out to you and your uncle. I had a woman who was like my mother that died slowly of cancer. She talked about taking control of her death but she couldn’t because it was illegal for her doctor to even discuss “suicide” with her much less help her. As of October 5th, 2015, your uncle has options in taking control of his death as Governor Brown has signed into law ABx-15, the End of Life Option Act.

How does using legal marijuana impact my rights in California?

Law limits where and when medical marijuana users can light up CROPPED

Our question this week comes from Amy T. in San Mateo.

“I take medical marijuana to help me with my anxiety. I am applying for a new job? I don’t drive a bus, or engage in any hazardous job such as an equipment operator, police officer or fireman. I am a secretary. The employer says that part of the application process is a drug test. They also say that I can be subject to randomized drug tests. Can they refuse to employ me, or fire me, if I have a prescription for medical marijuana and show up positive on a test?

Parent’s Medical Rights Often Unique in California

This article was written by Chris Dolan and published by The San Francisco Examiner. Click here to read more of Chris Dolan’s weekly articles at SFExaminer.com.

This week’s question comes from Mark in Oakland: “I was reading about the case of Jahi McMath on the internet. My child is going into Children’s Hospital Oakland and I wanted to get some additional information on the doctors so I did a search and saw the articles. Can you please explain to me why in California if someone is pronounced brain dead they can be disconnected over a parent’s objection but in New Jersey they can’t? “

When Doctors Mislead Patients About Medical Procedures

This article was written by Chris Dolan and published by The San Francisco Examiner. Click here to read more of Chris Dolan’s weekly articles at SFExaminer.com.

This week’s question comes from Tara H. from the Mission who asks; “I had a surgery recently to address a medical condition related to my reproductive organs. After the surgery there were complications. When I went in for my postoperative care the doctor which I thought had done the surgery never saw me. I was always seen by his “fellow” who examined me and provided follow up care. I became suspicious that my doctor had not actually done the surgery when I went in for one of my follow-up appointments and they said that “my surgeon, Dr. XXX,” (who was the fellow) had to cancel my appointment because he was in an emergency surgery. I confronted my doctor about this and he sidestepped the issue saying that they worked as a team in the office and that they often followed up on other doctor’s patients. I was specific that I did not want anyone but the one surgeon to touch me: no students or other “team members.” I requested my medical records and it appears that the fellow actually was my surgeon. I am furious. What are my rights?”

Planned Parenthood told to pay $672,610 for botched abortion

The Washington Times
by Cheryl Wetstein
Thursday, March 1, 2004

A jury has ordered a Planned Parenthood clinic to pay $672,610 in damages to a San Francisco woman who received a botched abortion of her twins.

One fetus, was aborted during the woman’s visit, but the other twin was partially dismembered and left alive in the womb, according to testimony before San Francisco Superior Court Judge Douglas Munson.

Recent investigations by the California Department of Public Health found some shocking news about California nursing homes. In 18 out of the 32 investigations – all but one in the Bay Area – pharmacists responsible for reviewing the medication of nursing home residents regularly allowed medically inappropriate and potentially fatal antipsychotic medications and did not correct other dangerous drug irregularities.

Governor Signs Medical Record Bill Championed by Attorney Chris Dolan

A bill strongly advocated for by San Francisco Attorney Christopher Dolan to help keep hospital patients safe has been signed into law by California Governor Jerry Brown. The law will ensure that patients and health-care providers have full pictures of patients’ care by keeping records of all changes made to patients’ electronic medical records (EMRs). The law also gives patients the right to request access to their EMRs.

The McMath family, who was never consulted about their eye witness observations or interviewed, and myself as an officer of the court, are deeply offended and, once again, feel betrayed by the medical profession.

People need to be clear what a CDHP report is. It simply states that CHO was in compliance with the “Medicare conditions of participation.”

The Examiner
by Daniel Evans
Friday, February 23, 2001A woman who remained pregnant following a botched abortion three years ago has been awarded $672,610 from Planned Parenthood.As the court clerk read the jury’s award Wednesday, the woman, whose fetus lost two limbs in the abortion attempt before being terminated moths later, lowered her head and wept, convinced her three year court battle was finally over.

Make Wishes Clear Before Undergoing A Major Surgery

Jim G from Russian Hill asks; “I am going to have surgery to repair a brain aneurism the doctors have told me that my brain could be damaged during the surgery. I am concerned about what would happen to me if I were rendered incapacitated by the surgery. If something happens to me and prevents me from being able to live independently, or I am on life support. How do I make sure my wishes are followed?In California, as with many states, you can execute a document called a medical power of attorney which sets forth your wishes should you be rendered unable to make decisions on your own. Under the law we call that “lacking capacity” to make decisions.