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answered on Apr 10, 2017
Anyone who is involved with prescribing medications can be liable for prescription drug errors. This includes physicians, nurses, hospitals, the pharmacy departments in the hospitals, pharmacists, and the pharmaceutical manufacturer.
answered on Apr 10, 2017
The same general standard of care applies to all professionals including nursing home nurses, nurse practitioners, LPNs, CNAs, etc., that is, the same degree of knowledge, skill and ability as an ordinarily careful professional would exercise under similar circumstances.
answered on Apr 10, 2017
If the only cause of your injury is the defective product, then the manufacturer, distributor could held liable. On the other hand had the doctor known that this product was defective, recalled or otherwise unsuitable for implantation, then this could be a deviation from the standard of care... View More
use in a civil case beteen the same two parties.
answered on Apr 10, 2017
Federal law and many state wiretapping statutes, including Illinois, permit recording if one party (including you) to the phone call or conversation consents. Other states require that all parties to the communication consent.
answered on Apr 4, 2017
If the other driver caused the crash and you were injured, your damages could include your past and future medical expenses, past and future lost time/wages from work, past and future pain and suffering, loss of normal life, disfigurement and other specific damages if proven.
She changed ALL locks after dad died. I have personal property on the premises as well and have also stayed there. The land lord is turning a blind eye and attempting to be uninvolved because the building is now up for sale anyway. I need to gain access and retrieve HIS AND MY things.... View More
answered on Mar 30, 2017
Because of the resistance being made the only way to legally move this girlfriend out of the way is to open a probate estate and have yourself or a family member appointed administrator of the estate. That way you will have the court's authority to take possession of your dad's property,... View More
In small claims court in cook county are planiff's cases required to provide proof without a resonsable doubt or just prove its more likely to be true then not? I read there is no discovery allowed.So in a case with a business that refuses to communicate and without them having their staff in... View More
answered on Mar 25, 2017
The burden of proof in most, but not all civil lawsuits is a preponderance of evidence (more probably true than not true). Beyond a reasonable doubt is the burden of proof the state/government would have to reach in any criminal case. Small claims courts do not prevent a litigant from serving a... View More
I did business with a facility that I've since learned was not honest with me. They have a non disparaging clause that states you cannot say anyhing negative about them that may hurt their reputation or business in their paperwork all customers sign. I'd like to share my story and/or... View More
answered on Mar 25, 2017
The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.
The contract is governed by Illinois State Law.
answered on Mar 23, 2017
Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable.... View More
answered on Mar 19, 2017
Hospital-borne infections has become a kind of national epidemic in some locales. The obligation of the hospital is to identify, diagnose and treat the infection. If you're asking is the contracting of a staph infection in a hospital by itself an actionable medical malpractice case, the... View More
answered on Mar 19, 2017
Yes. Nursing homes want to know who will pay for the resident and the services received. If not out of pocket, then will Medicaid be paying?
answered on Mar 19, 2017
My first reaction is that your neighbor is responsible. The maker and distributor of the drone may also have a duty that the drone operates safely and without defects.
WC Case worker did not conduct an inspection of the chair or ask for manufacture records.
answered on Mar 19, 2017
Assuming there was a defect to the chair that caused your fall and injury, the answer is yes. You are not prohibited from bringing a third party action against the manufacturer, distributor of the chair as long as the statute of limitations has not run. You cannot bring a direct action against... View More
answered on Mar 11, 2017
Assuming you have an attorney representing you, the next step in cases where insurance companies make "low ball" offers (which by the way happens very often now) is to file your lawsuit and let a jury make the determination as to what is fair and reasonable for your damages. That is the... View More
answered on Mar 11, 2017
The responsible party is the one at fault. It doesn't matter in this fact description where the incident occurred. Even though the fender bender happened on private property the police should have been notified and a police report made.
can we sue merchant?
answered on Mar 9, 2017
Yes you can. I would hope that someone on your behalf has written a strong letter urging this company (assuming this is the one you bought the product from) to return your money and give you instructions on how and where to return the doors. If you used a credit card, contact your credit card... View More
I was hit by an uninsured driver and the accident report contains no phone number, an incomplete address (no apt number and he lives in a huge condo building) and an incorrect driver's license number (1 number short to be an IL license). I would like to attempt mediation before litigating,... View More
answered on Mar 9, 2017
Assuming you have uninsured motorist coverage, you should have contacted your insurer and/or agent. Your insurance company will take over from this point. I would urge you to contact a lawyer to help you with this. Most uninsured motorist cases are resolved by arbitration which is usually... View More
I read the safety warnings before I was injured but I just looked at them again and I don't think they are very clear.
answered on Mar 4, 2017
The traditional products liability law is that a manufacturer
or the supplier of goods or seller has a duty to warn of any
danger from the intended or unintended but reasonably
foreseeable use of its products. This duty extends to those using or
purchasing the... View More
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