A co-worker of mine recently suffered two strokes because his doctor prescribed him two medications that are NOT supposed to be taken at the same time. The doctor was fired after it was discovered that the mix of these medications caused the strokes. What are my co-workers chances... Read more »
I don't think anyone can predict with any certainty how a medical negligence lawsuit might turn out. Even with the most compelling facts, there is no way with the information you provided to know how this case would be decided. From what you have described, if a physician in the same or...Read more »
Yes. This assumes that the plaintiff bringing the lawsuit has some relationship with the decedent; next of kin, heir. Survival actions are for the pain and suffering the decedent endured before death. That piece of the lawsuit belongs to the estate of the decedent, whereas the wrongful death...Read more »
Yes. This is an often a contentious issue that the lawyers will grapple with because of that fact, no seat belt, would there be proof supported by an expert witness, that but for the absence of the seat belt, the person who died would have survived? The issue of whether or not a seat belt was in...Read more »
My husband is in a nursing home and he developed a sore. I went to the nursing home on a Monday and they told me he had a wound the size of a pea, when I went back the following Monday it was infected and there was bone exposure. He has been from facility to facility having surgeries after... Read more »
If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just...Read more »
Responding police officer declared it a hit and run in his report. Plaintiff filed claim with my fiancée’s insurance company who denied their claim because of zero wrong doing by my fiancée. In the plaintiffs lawsuit paperwork, it has no mention of police report or hit and run. Accident... Read more »
You have described a very weak case, but of course anyone can file a lawsuit. Make certain that your fiancé has reported the lawsuit to her insurer who will protect her interest assuming she has liability coverage. This is one of those instances where it is said that this is a reason we have...Read more »
My ex lives in Washington state and I live in Texas. This is the second time something serious has happened and her not telling me. My ex mother-in-law told me she was on her phone at the time of the accident
If your daughter was injured you should seek the advice of local attorney. That would mean to retrieve the police report of the incident. The fact that your ex didn't inform you does not make out a case of any kind.
If a case were filed claiming negligence or willful and wanton conduct by the party or parties who caused the death, then yes that would amount to a wrongful death claim and a separate count for a survival action if the decedent survived the injuries that caused the death for any length of time. In...Read more »
You should contact a local attorney who handles personal injury, automobile crash cases. From the facts you laid out you would have a viable lawsuit against the cab driver and his/her company, employer. Be certain to collect all of your medical records and bills. If you missed any time from your...Read more »
It was from negligence of the staff,well she's had surgeries,she's been in the hospital several times,now she's back in again with the infection that should have never happened,she's in bad shape this time
I would be concerned about the passing of the statute of limitations that would be a complete bar to any lawsuit your mother could file. Given limited the facts you provided I urge you to get in touch with a local nursing home negligence attorney as soon as possible. Be aware that any lawyer...Read more »
The fact that the injured bicyclist was not wearing a protective helmet would not be an issue that could diminish the the value of the case to the plaintiff who was injured. In fact, most lawyers would submit a motion in limine to prevent the lack of a helmet to be introduced as a factor in the...Read more »
He is in diapers, can't get to his food or take his meds on his own. Hospice caregivers come but he refuses any care from them. He has a brother who is 83 that checks on him and does those necessary thing for him but his health is also failing fast as he is a recent cancer survivor. My dad... Read more »
From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be...Read more »
Most states require insured drivers to carry uninsured motorist insurance. In any case, report the incident to your insurer as soon as possible. Obtain a copy of the police report and take photos of your vehicle.
If you are at a standstill with the insurance company's adjuster for the other driver, I would urge you to contact an attorney in your area who practices personal injury litigation to help you sort through this either by reaching a fair and reasonable settlement or filing suit.
Being a family member, next of kin, the father of your son, the hospital's records can be retrieved by signing the hospital's release of medical records form; HIPPA release. I usually tell my clients to call the hospital's medical records department to clearly understand its...Read more »
Without being clear on the question you are asking, if you were the prevailing party in a personal injury jury trial that had a special interrogatory as part of the verdict, I don't see why you couldn't now settle your case with the defendant(s). Defendants many times file posttrial...Read more »
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