June 29, 2026  • By Dennis Beaver

We’ve all seen and heard ads for assisted living facilities in newspapers and online and on the radio and television.

But until a family member has a stroke or some other physical or cognitive impairment, most of us don’t know very much about how assisted living, senior living or memory care facilities work. Or, to be specific, how they are supposed to work and what red flags look like.

I sure didn’t either, until “Julie,” a close family friend, became the victim of medical malpractice. Following a “simple” operation, the 62-year-old retired teacher’s electrolyte chemistry wasn’t properly monitored, resulting in dangerously low blood calcium levels that triggered muscle spasms, convulsions, seizures, a coma and brain damage.

She now can’t walk or use the bathroom without assistance, needs someone to help her eat and has significant cognitive impairment. For the past three years, she has been living in a studio room at an assisted living facility that is part of a nationwide operation.

The facility claims to provide, among other things, 24-hour care and support, food prepared by a chef, an on-site restaurant where families are welcome to dine as well and much more.

These amenities are common in the industry. But in Julie’s case, the reality appears far different. Each time we visit, we see a care facility for older people and the infirm racing downhill while monthly charges are increasing.

How cost-cutting harms residents

“It is more than a reduction in the services for people like Julie, who is effectively bedridden. They are putting residents’ lives at risk,” said “Suzanne,” who works at Julie’s facility. With my assurance that she could speak freely and confidentially, she described what happens when profits and cost-cutting come first.

I learned from Suzanne that what is happening here is not a rarity in this business and that red flags are everywhere — if you know where to look and ask questions.

‘They stopped caring’

“I have been in this field for over 25 years, and this is the third assisted living facility I’ve worked at, some from opening day,” Suzanne said. “Most start out in full compliance with all the promises listed in their contract and then gradually limit services.

“When Julie first came here, things were top-notch. But over the past year, the lack of contractually promised care has fallen dangerously.”

Suzanne told me about:

• Residents who push the emergency call button they wear around their necks and wait over an hour for someone to respond: “Some have fallen, can’t get up, and it is so sad to see this.”

• A failure to conduct frequent, daily checks on patients: “Recently, one gentleman had been dead in his bed for hours.”

• While contracts and brochures described chef-prepared meals, some meals were actually cooked by a handyman. The menu, which offered a variety of meals catering to all sorts of residents, has been slashed by over half, and people are upset. Portion size has been reduced because of cost-cutting, leaving many residents hungry.

• Most of the servers have been fired from the restaurant where families could have meals with residents. People are told to immediately leave the premises after eating, and tips left on the table are being taken by managers.

• Managers routinely take cash donations from families that are intended for holiday and other staff parties. One spouse became furious when they asked a staff member, “So how was the party we all paid for?” and heard, “What party?”

Before you sign a contract

When an assisted living facility’s sales department gives you the opportunity to visit, make sure you look closely at three primary areas:

• Residents’ well-being
• Staff interactions
• Cleanliness

Red flags include:

• High staff turnover
• Residents who appear unkempt
• Management who will not give you a straight answer

After speaking with Suzanne and seeing the situation for ourselves, it’s clear you should also try to make unannounced visits by yourself and with other family members, at different times of the day, observing how staff interact with residents.

Speak with residents and their families if possible. Ask them what they like — and what they dislike.

There is a massive amount of highly useful information available online. You should print out the AARP Assisted Living Checklist and go through it with the sales staff at every facility you visit.

Each time we visit Julie, many of the other residents of the facility seem to be longing for human contact. Yes, science and medicine keep them all alive. But are they?

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post ‘They Are Putting Residents’ Lives at Risk’: Behind the Scenes at an Assisted Living Facility appeared first on Dennis Beaver.

January 19, 2026  • By Dennis Beaver

If you’re looking to retain an attorney, you might have heard: “Check their state bar’s website profile, because it will reveal anything negative.”

That is bad advice.

While it’s useful to look at a lawyer’s profile to confirm that they’re licensed to practice law, if there are complaints filed by dozens of clients over several years, you might never see them. Besides that, the absence of bad stuff on their profile is no assurance that you are dealing with an ethical attorney.

Please take a moment and read my article Why a Law Firm Secretly Recording Client Conversations Is Wrong (and Illegal), written last year, and ask yourself, “Would I hire this attorney?”

That story led to dozens of comments from lawyers and law professors across the country who felt this conduct would certainly lead to discipline by the State Bar of California.

Despite the incident being a monumental invasion of privacy and violation of criminal law, the bar decided the lawyer had been “negligent” and dropped the matter.

But negligence is not a defense to what happened. And I feel compelled to point out this is not a unique situation either, as the California bar has a poor reputation when it comes to attorney discipline.

State bar attorney profiles significantly understate real problems

State bar attorney profiles are generally thought of as a first line of consumer protection. Most people researching an attorney would expect it to help evaluate a lawyer’s competence, integrity, honesty and history of misconduct.

In reality, while formal discipline — suspensions and disbarments — will appear, you will not see:

• Complaints that were dismissed or quietly closed

• Complaints resolved through informal admonitions

• Malpractice claims that were confidentially settled

• Court rulings or comments from judges

• Repetitive complaints showing a lack of communication (“My lawyer never returns my calls.”)

Data collected by the American Bar Association and Florida Atlantic University found that some states do an excellent job with attorney discipline, while others — lacking staff resources for proper investigations — continue to permit incompetents and crooks to practice law.

Therefore, you’ve got to go beyond a state bar profile when you’re looking to hire a particular attorney. There are several lawyer review sites. Lawyers.com, Martindale-Hubbell and Avvo provide peer and limited client comments, but you won’t see “tell it like it is” forums for clients.

Google, including Google Reviews, and Yelp perform those important functions, providing the answers to questions you might have, such as, “What do clients say about this lawyer?” and “Are there red flags?”

Here are some steps you can take to explore a lawyer’s reputation with clients.

1. Begin your search with Google, typing into the search bar: (name of attorney) and then add each of these search terms (do the search for each term separately):

• Sued for malpractice

• Sanctioned

• Debt

• Complaint

• Suspended

• Disbarred

• Client fee dispute

Also, look for news articles or television stories. You might even ask AI what it thinks, though be careful to ensure the information shared is accurate.

2. Next, read Yelp comments, beginning with the one- and two-star reviews. While the four- and five-star comments will be interesting, even though it is illegal to falsify glowing praise, some lawyers are just like Jim Carey’s character in the film Liar, Liar.
Red flags to watch for include comments such as:

• Could never get the lawyer to call me back.

• No one knew a thing about my accident case.

• They ask clients for five-star reviews in exchange for gift cards.

• They raised their percentage from one-third to 50% without my approval, and we never went to court.

If you’re researching personal injury or sue-your-boss firms that advertise often on TV, online or on the sides of buses, look for comments such as the following that show up repeatedly over a span of years:

• Worst mistake I made in my life.

• Good luck to anybody seeking help from them.

• Unprofessional. Wish I never walked into their office.

• Their retainer, I learned later, violated my state’s law.

• Also, watch for comments about poor office management, such as:

Their bill was impossible to understand, and no one would explain it to me, but threatened collection action if I did not pay at once.

I paid the retainer, but no one called me to arrange an office meeting.

The lawyer failed to tell his new receptionist to not accept rent payments in an eviction case, so now we have to refile all sorts of papers.

3. Check local court records to see what might not be covered in reviews. Has the lawyer been sued for malpractice? What was alleged? Was there a settlement? How much?

Has the attorney been sued often for stupid things, like not paying the rent or the company that repairs office equipment or even paying employees their wages? People are consistent, and you don’t need that craziness.

Also, has the attorney filed suit against former clients for past-due fees? If yes, and the amount would awaken you from a coma, then you have to wonder: “How could a lawyer let a bill get so far past due?” That might suggest a lack of responsibility, and if so, do you want someone like that to handle your case?
Attorney malpractice insurance companies strongly advise against suing former clients for fees, as, typically, the client then sues the lawyer for malpractice.

4. Ask around. If you have a court case and know someone who works in your local sheriff’s department, ask if they know a court bailiff who would be able to share their assessment of the lawyer.

5. Once you get to the interview phase, watch for more red flags. If the lawyer says, “I can guarantee we will win,” run the other way. It is illegal for a lawyer to guarantee a result.

If you can’t get a reasonable answer to, “How much will you be charging me?” find someone who became a lawyer to help clients rather than think only of their bank balance.

You might also want to read my previous article, Need to Hire a Lawyer? Why Local is Best, for more advice on finding a good attorney.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Beyond the Bar: Your 5-Step Guide to Discovering Whether a Lawyer Is Shady appeared first on Dennis Beaver.

“I just joined my father’s medical practice as an internist. The first day on the job he sat me down and said, ‘At some time you will make a mistake. Every physician has. Our reputation for honesty precedes us wherever we may go. Never forget that. Learn what to do – and especially what not to do – in the event someone claims that you have committed medical malpractice.’

“Mr. Beaver, I have read your column for years and I’ll bet you know the right attorneys who can provide that guidance. Thanks, ‘Aaron,’ Southern Florida.”

Plaintiff, Defense Attorneys Answer Aaron’s Question

I ran this important question by two of the nation’s most respected medical malpractice attorneys, both based in Southern California:

Gary Gelfand represents plaintiffs in malpractice cases and is an adjunct professor at Loyola Law School in Los Angeles teaching the fundamentals of malpractice litigation.

Dennis Thelen defends physicians and other health care providers in civil litigation, and he has tried over 100 cases to successful jury verdicts.

They gave me a by-the-numbers list of a few of the things that healthcare professionals should never do in the event they are accused of or sued for medical malpractice – which is failing to meet the appropriate standard of care resulting in injury to a patient.

Never Alter or Change the Record

Gelfand: Never change the record. Many states have Health and Safety Code rules that prohibit the doctor from lying in medical records. They have to be truthful. When this occurs and is discovered, it can be considered a crime and even if there may be an explanation for what went wrong – how the patient was hurt – that clears the physician, the fact of altering the medical record can destroy their credibility.

Thelen: It is not illegal for medical professionals to make honest updates to records, as long as they properly mark what they are doing, do this promptly and do not hide information. Accessing the patient’s chart days later and making an after-the-fact entry – even if labeled as a “late entry” is highly suspicious. When this happens, it looks like you are attempting to forge or alter the medical records.

In a malpractice context, if you do label it as late entry, it invariably involves the subject matter of the suit and looks as if the doctor is making a self-serving entry. So there is really no good time for the physician who thinks they are about to get sued to go to the patient’s chart and add additional content.

Both attorneys stressed that, “Today, almost all medical and hospital records are electronic. If a suit is filed, and there is a question about the reliability or veracity of the record, an audit trail of the electronic record is easily obtainable. It can always be learned who accessed the record and when.”

Lie to the Patient

Gelfand: A physician who lies to the patient or the patient’s family about what happened, what he did or didn’t do, invites trouble. Additionally, trying to push the blame off on someone else, such as, “I checked this but Dr. X failed to keep tabs on …” runs a great risk of it backfiring. Juries respect the truth and not someone who tries to wiggle out of responsibility.

Thelen: My advice is to not create an excuse or begin a scenario, such as “God took your husband,” or “It was his time,” in the hope that the family will accept that and do nothing.

Honesty has never gotten a doctor in worse trouble than being dishonest.

Should the doctor call the patient, admit the error and apologize?

Gelfand: The New England Journal of Medicine found a large correlation between physicians who admit the malpractice, and the patient or patient’s family excusing the doctor because of their honesty and that they were told the truth. However, the obvious downside is that admitting the error can be used against the doctor in subsequent litigation.

Addressing that problem, many states have passed what are referred to as “I’m sorry laws” that encourage full disclosure of mistakes or errors in judgment by eliminating physicians’ and hospitals’ fear that their admissions will be used against them in court or other disciplinary proceedings.

Thelen: There is a huge difference between calling and expressing sympathy or apologizing for a complication and telling the patient that there was malpractice that is both a medical and legal determination. When these calls are being made, it is usually when everyone is emotional, grieving, experiencing great sorrow including the physician.

So you are advised as a doctor not to make expressions of responsibility because that is so often yet to be determined.

Patients Still Respect, Trust and Protect their Physicians

Certainly malpractice does occur, but I learned in speaking with both attorneys that studies looking back over the past 20 years of jury verdicts show that nearly 80% of all physicians who allow a jury to decide their cases come out winning.

The take away is that jurors will protect competent, hardworking doctors who make a mistake that is a reasonable mistake. That is the difference between being negligent and simply being human.

Jurors are instructed that a reasonable error is not malpractice. If it was, the standard of care would require perfection which is impossible to achieve.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Doctor, if accused of medical malpractice, here is what not to do appeared first on Dennis Beaver.

My paralegal, Anne, buzzed me. “You have a couple on the phone who have Covid-19. They are very upset with their family doctor and want to talk with you about a possible lawsuit for malpractice.”

Now, this sounded interesting.

Just diagnosed with COVID-19 — doctor yelled at them

“Mr. Beaver, our family was just diagnosed with COVID-19, and fortunately no one is sick enough to go to the hospital, but we feel very disrespected by how our family doctor reacted.”

I wondered how long have they gone to this doctor, and why they feel so “disrespected.”

“We have been his patients for several years and never had a problem until now. But when he called us and confirmed that we all had COVID-19, it is what he said that hurt our feelings terribly. He was so angry! We recorded it. (They played the recording.)

“What’s wrong with you all? I told you months ago that you were dangerously obese and that you were not taking your blood pressure medication as prescribed. Don’t you watch TV? Almost all of the faces of the people who died from COVID-19 who you see on the evening news are horribly obese — and you are too, all of you, mom, dad and your four young kids! Don’t you get it! You are sentencing yourselves to death because of being morbidly obese!”

“Mr. Beaver, we aren’t that much overweight and our kids are otherwise healthy, if a bit big.”

Was the doctor correct? Were they all obese? Dr. Skype would answer that question, and so I asked–and the family agreed–to do a Skype video chat. As soon as their webcam was active, it was clear to me that I was looking at an entire family of morbidly obese people in complete denial of their own health status.

What immediately came to mind was what their doctor had told them about the faces of people who died from COVID-19. Almost all were obese.

The message of obesity, COVID-19 and risk of death is not getting Through

I asked if they would call the doctor’s office and authorize him to discuss this with me, and they agreed.  Within minutes I was speaking with a physician I can only described as caring and frustrated who I will call “Dr. Jim.”

“Dennis, obviously the national message is not getting through about obesity and COVID-19. The CDC has stated that obesity was as great a risk factor or even greater as having a suppressed immune system or chronic lung or kidney disease. They also said risk starts with a BMI of 30 and 40% of Americans have a BMI well over 30. At these numbers, there is a high risk of death, more so than related risk factors such as diabetes or hypertension.

“People with severe obesity are about twice as likely to die from COVID-19 as those who are not obese, regardless of race or ethnicity. The risk rises with the degree of obesity. The bigger a person, the higher their risk of a COVID-19 death.

“But this is not a new discovery, as during the 2009 H1N1 influenza pandemic, and flu pandemics in the 1950’s and 1960’s, we found that obese people were at a higher risk of dying.

“There are many reasons why obesity is such a risk factor, and one explanation is that their levels of the hormone leptin are always high, which reduces the immune response to a Covid-19 infection. Leptin is produced by fat cells, and the more fat a person has, the more leptin circulates in their body.

Did he yell at his patients?

“Doc, your patients feel ‘disrespected’ because they claim you yelled at them for not doing a thing about their weight. So, what happened?”

“They are correct. I did yell at them out of total frustration! Months ago when it was clear we were facing a pandemic, I contacted all my obese patients and begged them to lose weight! I explained the risks. No one can justify weighting 350 pounds! We are killing ourselves in this country! Yes, I do get frustrated when these same people return to the office and have done nothing to address their weight issues. And I am not apologizing. I just hope that I finally got their attention.”

Does a poor bedside manner justify a malpractice lawsuit?

Courts have held that a poor bedside manner is not medical malpractice. If a health care provider’s actions do not result in real injury, it cannot be considered medical malpractice.

I explained that to my readers, telling them, “Dr. Jim was trying to save your lives. Instead of being angry, realize that he cares enough to hopefully make you think. He deserves your appreciation, not a lawsuit.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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This story will make you angry and leave you wondering about the common sense, ethics, and business judgment of a medical group known as “Advanced Women’s Health Center” located in Bakersfield.

Additionally, the underlying subject will be of special interest to any woman — especially married couples — considering the Mirena IUD as a form of birth control. According to physicians and lawyers You and the Law interviewed, this IUD has a lot of women wishing they had opted for some other form of birth control.

It all began on July 7 of 2007 when 19-year-old Kendole Jones gave birth to a beautiful little girl, Ada. Both she and her husband, David, realized that building a good marriage — and being good parents to Ada — required a great deal of time, and that it would be best to wait some years before having more children.

It was therefore natural for Kendole to discuss birth control options with her OB/GYN, Dr. Jason Helliwell at the Advanced Women’s Health Center in Bakersfield. “He suggested, that if I wished to be on a long-term birth control program, the Mirena IUD would be the perfect five-year plan, with less than a 1 percent chance of anything going wrong.”

“Six weeks after the birth of my daughter, while I was still swollen from the delivery, and before my episiotomy had healed, Dr. Helliwell insisted I should have the IUD inserted that day!” she told me.

“I thought that I was in his office for a follow-up after my delivery, but here I was, handed a release to sign which did outline what could go wrong, but there was no chance to read it. Everything was rushed. The doctor never verbally advised me of any adverse side effects.”

“Next, I was hurriedly given a gown to put on, my legs were up in stirrups, very much like getting a pap smear. There was no cleaning, or other sterile preparation steps, no pain medication was provided, but they finally did apply a gel to dilate the cervix, as the doctor was hurting me in his effort to insert the IUD.”

“Once he got past my cervix, and released the IUD so that it opened up, I immediately felt a horribly sharp pain on my left side. On a 1 to 10 scale of labor pain, this was a 7! The doctor said that cramping was normal, just sit here for a half an hour. I told him this was not cramping! He just said that pain is a normal thing, as it was just implanted. The pain did not go away, and it never went away, in fact became worse.”

“While they had an ultrasound machine available in their office, the doctor never used it, and he did not examine me to see where the IUD was placed or why I had so much pain.” she continued, with tears streaming down her face.

Not seen as malpractice

“Incorrect placement is a known risk of the procedure and does not mean that the physician has committed malpractice. However, with those immediate painful symptoms, an ultrasound was clearly indicated, as her pain was consistent with the IUD being improperly placed. Yes, the body can move an IUD — over months and years — but her symptoms clearly pointed to the device being incorrectly inserted,” You and the Law was told by two OB-GYN physicians, one of whom is an associate professor of Obstetrics at a Southern California teaching hospital.

Complaints are ignored

“I repeatedly phoned the doctor’s office in the days and weeks which followed, telling them that the pain on my left side was getting worse. I also told them that my A.I.M. Pregnancy Related Health Insurance would end in early September. Every time I called, I was told by the receptionist that cramping was normal, there would be pain associated, as there was a foreign object in my body. Each time I asked to speak with the doctor, but he never called me back,” Kendole stated. “The doctor had no idea I had been calling.”

With her pregnancy insurance rapidly coming to an end, and unable to stand the pain anymore, Kendole demanded they advance her appointment. She was seen on Sept. 25, well after insurance had lapsed.

“The doctor asked me what was going on. It was obvious he had no idea I had been calling. He had an in-house ultrasound performed to locate the IUD, as he could not find the strings. They could NOT find the IUD! Immediately I was sent to a hospital for a pelvic x-ray to find out where the IUD was located. Returning to the doctor’s office, I was given the bad news.”

“It punctured your uterus and is lodged in your abdomen on the left side. I will do surgery tomorrow,” the doctor told her.

The next day — Sept. 26, 2007 — he performed laparoscopic surgery, while she was under a general aesthetic. The Mirena IUD was removed. “After that, no more pain, and I’ve been fine since,” Kendole explained.

“His office tried to get the procedure and hospital bill paid for by my insurance as it was a complication — that was the term they used — from the original insertion. They were unsuccessful. His bill was $5,700 and the hospital was $12,000.”

“While I felt this was malpractice, as I made a good recovery, there was no point in suing the doctor,” she concluded.

Sue the patient!

Now, for a moment, assume that you are the doctor. You were paid by health insurance for the original insertion of the IUD, and something you did hurt your patient. She was in great pain, your office knew that time was critical, as her insurance was running out, yet delayed getting her back in for care. Her insurance will not pay your bill. Nor will they pay the hospital bill.

Should you bill the patient or write it off? Well guess what — Dr. Helliwell, did not write it off. Advanced Women’s Health Center hired a collection agency, which then filed a lawsuit to recover the fees for removing the IUD!

Dr. Helliwell declined to speak with You and the Law. His office manager, Carrie Thomas, did issue the following statement, “We did nothing wrong, and besides, the doctor thinks you are biased because Kendole discussed our lawsuit with you.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Part 2

Last week we began a two-part look into what, in the opinion of this writer and the physicians, attorneys and regular people with whom I spoke, can only be described as an incredibly cold, heartless and greedy way an OB/GYN’s office dealt with one of its patients.

To re-cap, in September of 2007, 19-year-old Kendole Jones suffered a perforated uterus during the insertion of a Mirena IUD by her doctor, Jason Helliwell, of the Advanced Women’s Health Care Center in Bakersfield.

While the risk of perforation is a known complication — and not itself a basis for a malpractice suit — it is what did not happen afterwards which fell below medical and ethical standards, according to the physicians and attorneys I interviewed. To make matters worse, her health insurance was about to lapse, and the doctor’s office has admitted being fully aware that the clock was running.

“Any patient with her painful symptoms should immediately have an ultrasound performed, or other X-ray diagnostic procedures to find out what is going on, to see what happened to the IUD,” I was told by an associate professor of obstetrics and gynecology at a Southern California teaching hospital.

“You do not just send a patient hom, who is in such extreme pain,telling her that it’s normal.”

But they did send her home.

Despite “repeatedly calling the doctor’s office complaining of worsening pain, they delayed in seeing me for weeks, until after my health insurance ran out,” Jones said. “The doctor had to surgically remove the IUD, and despite the way in which his office just ignored me, I was billed $5,700. On top of that, $12,000 in hospital bills which we could not pay and would not have incurred, were it not for their mistakes.”

Every doctor I spoke with agrees.

Dr. Helliwell’s office turned Jones over to Financial Credit Network in Visalia, which filed suit.

The charge was improper

“It is unethical and in this case immoral for a medical office to bill a patient for their mistakes and avoidable complications they cause,” was the collective opinion of several physicians with whom I spoke, including the associate professor of obstetrics I’ve referred to earlier.

The same conclusions were reached by two IUD malpractice attorneys, but they used terms which I cannot repeat to describe their view of the doctor’s attitude — and that of his collection agency in filing suit.

Best-dressed doc (and dog) in town

Advanced Women’s Health Care Center’s Web site opens with “Compassionate OB/GYN Care.” If you have Internet, you really need to click on the “In the News/Print and Other Media” link and look for “Best Dressed.”

You’re immediately shown a photo of an elegantly dressed Dr. Helliwell, “who can thank his Los Angeles pedigree for shaping his style, usually wearing something trendy and hip picked up on his travels.”

The photo shows him “in his game room, along with his bulldog, Rocky, only hours from surgery.” (My assumption is that it is Helliwell who performed the operation, but it does not tell you if Rocky was assisting.) There are close-up shots of the doctor’s tan shoes, shirtsleeves with cuff-links, and well-tailored slacks; all no doubt cost a lot of money to buy.

The Web site will attract business, if you need a well-dressed doctor.

“It’s her fault”

One of the more charming people I met in looking into this matter was Susan Morado, who described herself as the “compliance officer” at Financial Credit Network.

“I just want to be fair,” she said, and then promptly blamed Jones for allowing her insurance to lapse. It did not matter to Morado that the doctor’s office knew it was only valid for 60 days after her baby was born in July. Having the guts to tell clients to do the morally right thing and just drop the matter isn’t a quality common to most bill collectors, and it wasn’t for Morado either. She told me, “We are going after that money. They owe it. The doctor performed a service.”

But there was something positive in all of this. Financial Network’s attorney, E. Warren Gubler of Visalia, was one bright light in a dim universe of bill collectors. He has always stood out as a guy with morals in the cases I’ve discussed with him over the years.

When I spoke with him and outlined the facts, he immediately said, “You mean they are being sued for all of this? It doesn’t seem right.”

While repeatedly asked for comments, Dr. Helliwell refused to speak with “You and the Law.”

Kendole and David Jones ultimately had to file for bankruptcy.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Caleb,” non-vaccinated, was in the ER and in very bad shape, his wife, “Linda” standing next to his bed. Based on a video that I have seen — secretly made by Linda, “Because we do not trust them” — the following exchange took place:

Caleb: Doc, tell me the truth. COVID is a hoax. Who or what is responsible for my condition? But, whatever I have, what are my chances for survival based on your experience with people in my situation? Should I start saying goodbye to my family members now? I’m a tough guy and can handle it.

Linda: Yes, we need to know. Just tell it like it is. Give us your honest opinion. Don’t hold anything back.

Dr. Julie: Since you asked me to be truthful, I will not sugar-coat a thing. Regardless of what you believe, your COVID test is positive. Your symptoms match those of other COVID patients and are confirmed by lung x-rays, your dangerously low blood oxygen level – which is why you are on oxygen right now – in addition to the fact that you are morbidly obese and hypertensive.

As your family doctor is in our system, I have reviewed your history which shows you both were warned over a year ago that obesity increases your chances of death from COVID by 50%. You did nothing to address that issue and in fact weigh more today than before.

Folks, there may be a chance to help Linda and the people she comes in contact with if she gets vaccinated. It is too late for you, Caleb. The vaccine would have saved your life, but you made a choice. Now is the time to start saying your goodbyes.”

“It’s a Conspiracy!”

Within seconds of the doctor giving Caleb the dismal news, there, on the video, this “tough guy” fell apart, started to cry, and out of breath, was trying to scream, “It’s a government conspiracy. I can’t die! I won’t let them kill me!”

It was not easy to watch.

Linda, for her part, began yelling at this poor ER doc who only did as requested. “You are taking his hope away! If he dies it will be on your conscience.” Just as she was about to punch the doctor, hospital security arrived and removed her.

Less than 24 hours later, COVID-19 claimed one more victim.

I Want to Sue the Doctor for Medical Malpractice, Emotional Distress

“Mr. Beaver, I believe the doctor committed malpractice by taking all hope away from my husband and caused me great emotional distress. In my opinion, she was cruel. But when I describe what happened to the paralegals of every medical malpractice lawyer I’ve called, I never get a return phone call.

“How can that be? It is as if they are saying, ‘You have no case!’ How can that be, ‘No Case?’”

When distilled down to the basics, the question Linda raised concerns a doctor’s bedside manner – her candor – and if it could be seen as malpractice.

What is medical malpractice?

I discussed the facts of this case with Los Angeles-based attorney Gary Gelfand who is considered one of country’s highest regarded medical mal-practice lawyers. As an adjunct professor of law at Loyola Law School, Los Angeles, he teaches the fundamentals of medical-malpractice litigation.

“There is a great deal of confusion in the public as to what constitutes medical malpractice. Merely because the outcome of a case was not what was expected does not alone form the basis of a malpractice claim. You must show that the established standard of care was not met, leading to the patient’s harm.” Gelfand says, adding:

“I don’t see anything like that here. Here, the physician was asked to level with Caleb, and specifically to tell him, ‘Who or what is responsible for my condition? Am I going to die?’ She answered all of his questions, and Linda’s as well.

“Her bedside manner was matter-of-fact and not judgmental. Caleb made a choice to refuse vaccination. That decision plus his obesity landed him in the ER and led to his death.”

Emotional Distress?

The video and Linda’s later comments showed that she was very upset after hearing the doctor’s lecture. But could any of this qualify as a basis for a lawsuit claiming intentional infliction of emotional distress?

Gelfand doesn’t see it and provides this analysis:

“Certain kinds of behavior can be horribly offensive and psychologically damaging. An example used in law school is that of a practical joker who thinks it would be funny to tell someone that an accident has caused serious injury or death to a family member. The law holds the prankster liable for the emotional impact of such a ‘joke.’ The elements of an intentionally caused emotional distress lawsuit include:

(1) The defendant’s conduct is outrageous.

(2) The defendant acts for the purpose of causing the victim emotional distress so severe that it could be expected to adversely impact mental health.

(3) The defendant’s conduct causes such distress.

“Dennis, none of that is present here, and in fact, both husband and Linda specifically asked the doctor to ‘Tell it like it is.’

“There is a reason lawyers are refusing to return her phone calls.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post The doctor took away my husband’s hope and I want to sue appeared first on Dennis Beaver.

“Mr. Beaver I am a physician in Northern California and read your column in the Eureka Times-Standard. My father is a surgeon and last year lost a patient even before the operation began because the anesthesiologist gave the patient the wrong anesthesia.

For some reason, medical board investigators think dad is responsible and want to meet with him. Friends say “Never talk with the authorities.” In your law practice, have you ever had a similar case and if so, what was your advice and the outcome?”

Lawyers generally advise against speaking with law enforcement

Lawyers are by no means in agreement on how to deal with this situation, but generally advise, “Never speak with law enforcement.”

I disagree with that blanket statement and had a case where one meeting prevented a costly hearing for a highly skilled surgeon who was completely innocent of wrongdoing.

24 year old in a life-threatening situation

Jerry was a 24-year-old supermarket employee with a severe dental abscess. Either the infection was poorly managed, or Jerry was not the best of patients, and his condition worsened, becoming life-threatening Ludwig’s Angina.

Swelling caused by this rapidly spreading bacterial infection on the floor of the mouth can easily block the airway. Before antibiotics, 50 percent of patients died. Today, 10 percent succumb.

His mother drove him to the ER of a large and well-staffed hospital; an ENT surgeon was called, finding that emergency surgery was necessary to keep Jerry’s airway open. The surgical team was notified, including Dr. W, the anesthetist who was on call that night.

”I explained to Dr. W. my diagnosis, and as the patient’s breathing was already compromised by pressure from this massive infection, I told him to not use an anesthetic that is overly muscle-relaxing. To do so takes away that patient’s ability to breathe on his own,” the surgeon explained.

But hospitals are dangerous places. Before the operating room was ready, while the surgeon was in a different part of the hospital, the anesthetist began to sedate Jerry. This is completely against medical standards. He used a muscle-relaxing drug.

Immediately, the patient stopped breathing. Over the next two hours, a team of doctors attempted a miracle. “I had his heart in my hands, forcing it to pump blood, praying to God that he would live,” the surgeon told me the next day, in tears.

At 4 that morning Jerry was pronounced dead.

A medical malpractice suit was filed against the hospital, and all doctors involved. The surgeon was dismissed from the suit, as he was clearly not to blame. An out of court settlement was reached, and the California Medical Board was notified of the incident.

For some reason that is unclear, state investigators focused on the surgeon. They were unaware of the timeline, of what led to the patient’s death, and were about to file an accusation against the surgeon – the first step to revoke a license to practice medicine.

He called his old friend and lawyer, me.

”We need to immediately ask for an interview, in person, where you can help them understand what happened,” I told him.

”Isn’t it dangerous to speak with the authorities?” he asked.

”If we do not, you will face a formal accusation,” I warned. “But get a second opinion.”

‘Don’t meet! You can’t trust them!’

”Just wait and see if they file that accusation, and then we will defend you. Don’t meet with the investigators; you can’t trust them,” he was told by another lawyer.

My reply? “You have nothing to hide and want the truth to come out. So does the Medical Board. The other lawyer has thousands of dollars in attorney fees to get out of it. Once the board sees the whole picture, everything will be dropped.”

He took my advice, and we met with the investigator, the Deputy Attorney General, and the state’s medical expert. Hours later, stern faces softened.

One week later, a letter was received from the Medical Board. They were dropping the case. Because of our meeting, they had all the facts for the first time.

I phoned the investigator and we talked about this issue – to meet or to avoid speaking with law enforcement.

”My job is to find out what happened, objectively. You would be surprised how many lawyers have gotten their clients charged by the state unnecessarily when a face-to-face meeting would clear up the entire matter,” he said.

I believe that most people in law enforcement are honest and do not want to see an innocent person prosecuted. I have often had my clients meet with the police and have never seen information twisted or distorted.

And that is what it all comes down to. The truth.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post To meet or not to meet with law enforcement appeared first on Dennis Beaver.

Your phone rings. It is a police officer requesting that you come down to the station to be interviewed about a case in which you could be either a witness or possible suspect.

Should you?

If you know anyone who has been in this situation, ask how much fear and worry that one phone call creates. Lawyers are by no means in agreement on how to deal with this situation, but commonly advise, “Never speak with law enforcement.”

I disagree with that blanket statement. This article will look at a case where talking with law enforcement prevented a costly and embarrassing public hearing for a highly skilled surgeon who was completely innocent of wrongdoing.

William was a 22-year-old supermarket employee with a severe dental abscess. Either because the infection was poorly managed, or William was not the best of patients, his condition worsened and became life-threatening Ludwig’s Angina.
This is a rapidly spreading bacterial infection on the floor of the mouth, with swelling which can easily block the airway. Before antibiotics, 50 percent of patients with this infection died. Today, 10 percent succumb.

His mother drove him to the emergency room of a large and well-staffed hospital; an experienced surgeon was called who believed that emergency surgery was necessary to keep his airway open. The surgical team was notified, including Dr. W, the anesthetist who was on call that night.

“I explained to Dr. W. my diagnosis, and it was obvious the patient’s breathing was compromised by pressure from this massive infection. You don’t use a muscle-relaxing anesthetic with a patient whose breathing is already threatened. To do so takes away that patient’s ability to breathe on his own,” the surgeon explained.

But hospitals are dangerous places. Before the operating room was ready, while the surgeon was in a different part of the hospital, the anesthetist began to sedate William. This is completely against medical standards. He used a muscle-relaxing drug.

Immediately, the patient stopped breathing. Over the next two hours, teams of doctors attempted a miracle. “I had his heart in my hands, forcing it to pump blood, praying to God that he would live,” the surgeon told me the next day, in tears.

At 4 that morning William was pronounced dead.

A medical malpractice suit was filed against the hospital, and all doctors involved. The surgeon was dismissed from the suit, as he was clearly not to blame. An out of court settlement was reached, and the California Medical Board was notified of the incident.

For some reason that is unclear, state investigators focused on the surgeon! They were unaware of the timeline, of what led to the patient’s death, unaware of what killed the young man, and were about to file an accusation against the surgeon — the first step to revoke a license to practice medicine.
He called his old friend and lawyer, me.

“We need to immediately ask for a new interview, in person, where you can help them understand what happened,” I told him.

“Isn’t it dangerous to speak with the authorities?” he asked.

“If we do not, you will face a formal accusation,” I warned. “But get a second opinion.”

“Just wait and see if they file that accusation, and then we will defend you. Don’t meet with the investigators; you can’t trust them,” he was told by another lawyer.

My reply? “You have nothing to hide and want the truth to come out. So does the Medical Board. Realize that the other lawyer has thousands of dollars in attorney fees to get out of it. I am certain that once the board sees the whole picture, everything will be dropped.”

He took my advice, and we met with the investigator, the deputy attorney general, and the state’s medical expert. Hours later, stern faces softened.

One week later, a letter was received from the Medical Board. They were dropping the case. Because of our meeting, they had all the facts for the first time.

I phoned the investigator and we talked about this issue — to meet or to avoid speaking with law enforcement.
“My job is to find out what happened, objectively. You would be surprised how many lawyers have gotten their clients charged by the state unnecessarily, when a face-to-face meeting would clear up the entire matter,” he said.

While you can easily find some lawyers who will disagree with me, after being both a deputy DA and in general law practice for over 25 years, I still believe that most people in law enforcement are honest and do not want to see an innocent person prosecuted. I have often had my clients meet with the police and have never seen information twisted or distorted.

And that is what it all comes down to. The truth.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post To talk (or not to talk) to law enforcement appeared first on Dennis Beaver.