Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Robert D. Kreisman
1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: What kinds of nurses are required to be on site at a nursing home 24 hours a day?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 28, 2017

Nurses of all stripes on duty should include registered nurses, certified nursing assistants and license practice nurses. The numbers and nursing types depends on the size and type of nursing home facility.

Here's the Illinois law on this:

MINIMUM STAFFING STANDARD FOR SKILLED...
View More

2 Answers | Asked in Medical Malpractice for Illinois on
Q: My wife is the victim of a botched facelift -- do we sue the doctor or the hospital that employs her?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 28, 2017

Depending on the facts, the surgeon who did the facelift and the facility where it was done may be defendants if it were proved that the "botched facelift" was done negligently as proffered by an expert physician.

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: My wife bought a condo before we got married and now we are renting it out. But my name isn't on mortgage paperwork.

There is no power of attorney at all. Do I have any legal right in signing my name on the lease agreement? My wife's health has deminished over last few years

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 22, 2017

You may sign as agent for your wife on the lease. The lease however should show that your wife is the lessor of the condo. I would urge you to have powers of attorney prepared for both financial and healthcare for your wife if she is still competent.

View More Answers

2 Answers | Asked in Personal Injury for Illinois on
Q: I opened my car door into a biker but they were cycling with headphones on.

Does that make the accident partly their fault?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 20, 2017

It depends on exactly how and why this incident occurred. If you were not paying attention to a bike lane (if that were the case) then the responsibility for this could be more heavily on you. On the other hand, if the biker were cruising along and not paying attention to your moves, he/she could... View More

View More Answers

2 Answers | Asked in Products Liability and Small Claims for Wisconsin on
Q: How can i sue a company in a small claims court if that company's headquarters is located out of state?

I bought the product at my local Best Buy store. So do I sue the company itself or Best Buy?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 20, 2017

You can sue both in your county's small claims court depending on the local rules there.

View More Answers

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Potential lawsuit?

Was diagnosed with plantar fasciitis, advised work I couldn't stand per doctors orders restricting me to desk duty only. They accommodated, however several days in other supervisors, managers were going against what the store manager directed and were telling, making me do physical work,... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 20, 2017

You could have a retaliatory discharge claim to go along with your workers' compensation claim. Contact a local attorney in your area who specializes in workers' compensation claims. You may consider taking down your name and phone to avoid being harassed.

View More Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: Can a Dr. order a laboratory test based on information that a CNA or MA gathered? Doctor never even saw patient

Lab test was to check for flu when clearly it was not the flu. Lab test came back negative for flu and cost patient $351 out of pocket.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 16, 2017

The doctor's order may be acceptable medical practice given the report of the CNA and assistant. However, you shouldn't be reluctant about complaining to the hospital or doctor's office that the lab test order was unnecessary given your symptoms and question the the propriety of the bill.

3 Answers | Asked in Personal Injury for Illinois on
Q: I was broadsided by a truck who was ticketed, judge dismissed, now what happens to my claim?

Told by an attorney as well as judge when I went to drivers 1st court date that I didn't need to appear--court date was postponed and I didn't go after that. Did that end up hurting my claim against the delivery company?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 16, 2017

Whether the driver's traffic court matter was dismissed or not will not effect your negligence claim.

View More Answers

2 Answers | Asked in Contracts, Products Liability and Small Claims for Louisiana on
Q: A guy broke my iphone but agreed to pay on video. He has also agreed via chat. But he is now avoiding me.

Can I sue in small claims court?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 16, 2017

I don't see why you should explore suing this person for the damaged phone especially since you have evidence of the agreement to pay you.

View More Answers

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: How much proof do you need that a nursing home is mistreating its patients before you can bring a suit?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 4, 2017

The Illinois civil procedure rules do not require a plaintiff to prove his/her case in the pleadings. All you need is enough competent information to set out those facts in a complaint that makes out a viable cause of action. Illinois is a fact-pleading state.

2 Answers | Asked in Products Liability for Illinois on
Q: If a company's product is defective across the board and affects many people, am I required to join a class action

lawsuit or can I sue separately?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 4, 2017

You can sue the product manufacturer, distributor and component part maker independent of any class action if you sustained an injury. Many times cases that are pending with numerous party plaintiffs, if federal jurisdiction, the cases may be consolidated for discovery purposes only in a... View More

View More Answers

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Can you sue a massage therapist who injured you for medical malpractice?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 27, 2017

I believe that massage therapy would be an area of practice that may be covered by the Illinois Physical Therapy Act and/or the Medical Practice Act. "Program of Care, Counseling, or Treatment" means a written schedule of organized treatment, care, counseling, activities, or education,... View More

2 Answers | Asked in Consumer Law, Products Liability and Juvenile Law for Virginia on
Q: Is it legal for me to sell alcohol or tobacco in a store that I work in if I'm under 18?

I just wanted to know if either one is legal here or if they are both illegal....

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 27, 2017

In most states, you must be 21 to sell alcohol, although I am unsure about the sale of tobacco products.

View More Answers

2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: I was involved in an accident with a big rig and their insurance rep came to the scene and was taking video.

Is that allowed?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 27, 2017

Yes it is. Insurance adjusters routinely come to the scene of a incident to document by photography or video and even may interview witnesses, the participants, the reporting police, emergency medical teams and bystanders.

View More Answers

2 Answers | Asked in Civil Litigation for Illinois on
Q: What's the threshold for suing someone in small claims court?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 22, 2017

Illinois defines a small claim as one that is a civil action based on either tort or contract for money not in excess of $10,000 exclusive of interest and costs, or for the collection of taxes not in excess of that amount. Ill. S.Ct. Rule 281.

View More Answers

2 Answers | Asked in Products Liability and Medical Malpractice for West Virginia on
Q: How long after the settlement does a person get the papers to sign for the settlement check?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 22, 2017

The receipt of the "papers" to sign for your portion of the settlement depends on multiple factors. One could be the satisfaction or waiver of any liens, such as a workers' compensation lien, Medicare or Medicaid liens, a subrogation claim made by a health insurer and whether or not... View More

View More Answers

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: My father was injured in a nursing home. Can I ask them for his medical records?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 22, 2017

You certainly can request the nursing home records if you have the power of attorney for health care. If not, and your father is not disabled, he can request these records. The nursing home chart would be critical in determining whether or not there was neglect or abuse that was a cause of your... View More

View More Answers

2 Answers | Asked in Products Liability for Puerto Rico on
Q: Do product warnings always absolve a seller or manufacturer from liability if a consumer is hurt? Are there exceptions?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 7, 2017

Warning labels are intended to give consumers what may be an intended or unintended danger of the product's use. The labels themselves are subjective and would be scrutinized by a court or fact finder to determine whether they were sufficient or not. If the warnings are clear, concise and... View More

View More Answers

1 Answer | Asked in Medical Malpractice for Illinois on
Q: If my doctor reveals private/confidential information about me without my permission, is that considered malpractice?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 7, 2017

It is unclear whether you have discernible damages that you could prove up to make out a case for medical malpractice. In any case, I would consider reporting this to the Illinois Department of Professional Regulation that oversees the medical profession.

3 Answers | Asked in Car Accidents for Illinois on
Q: What does it mean when the insurance company response to a demand letter is We prefer you to file a lawsuit?

I was in a car accident with a uninsured motorist. My car insurance company response to my lawyer demand letter is they prefer them to file a lawsuit, to protect their best interest. Why? and What does it mean?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 6, 2017

That's an odd answer in that in almost all insurance policies with uninsured motorist or underinsured motorist coverage there is an arbitration clause that would require arbitration not a civil lawsuit against your own insurer. I would urge you to check back with your lawyer to gain a greater... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.