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Questions Answered by Charles M. Baron
1 Answer | Asked in Medical Malpractice, Criminal Law, Civil Rights and Health Care Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Car Accidents for Florida on
Q: I was backing up in a parking lot and the other party was moving forward. Would both parties be at fault?

Police came to the scene in the parking lot and put improper backing on the police report and also stated on the report that both parties were traveling at 5mph. No one was cited.

Would we both be at fault and responsible for our own damages ,since we were both traveling at 5mph as stated... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2022

The issue is negligence - who drove their vehicle in a negligent (careless) manner by not properly looking out for oncoming vehicles? That could have been one of you or both, but if the officer blamed you, in documentation, for improper backing (even though he/she didn't issue a ticket) and... Read more »

2 Answers | Asked in Contracts for Florida on
Q: Is it possible to create only one original contract copy by executing in counterpart?
Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2022

I agree with Mr. Osherow. The issue is preventing any potential legal challenge to the contract as not being the true meeting of the minds of the parties - that is, a claim that someone switched out any of the language that comes before the signature pages.

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1 Answer | Asked in Civil Rights for Florida on
Q: We moved to Florida based on the Florida DBPR information on their website and the Occupational Freedom and Opportunity.

The Occupational Freedom and Opportunity act state that it endorses all current and active cosmetology licenses. Now we are being told that they no longer accept Connecticut (As of a few months ago). We have checked everywhere and there was no public announcement or amendments made to the... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2022

I've never heard of this issue, so just looked up some things up online that may help you. I do NOT vouch for the accuracy of these sites, but they may be good places to start your research and to find knowledgeable people to contact.

The American Safety Council, based in Orlando,...
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1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: My daughter is a server. The owner has opened 2 new restaurants. Can she be forced to work at a different restaurant?

The restaurants are different concepts. Different rate of pay and duties. Refuses to hire more people. And this employer is also not paying the girls overtime. They also are never given pay stubs. The owner also recently refused to give her the insurance company's name for a workers comp... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 20, 2022

Your daughter should schedule a consultation with an employment lawyer in her geographic area. Can an employer tell an employee to work at another location or instead me terminated? Usually, yes, because in most circumstances, the employer does not need a reason to terminate. However, you raise... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: A Dcf worker came to see me bc the school made so Alligation about drug in my house do I have to take a drug test if o

The Got my son with some mariguana in his book bag and now the dcf worker want me to do a drug txt do I have to

Charles M.  Baron
Charles M. Baron
answered on Sep 13, 2022

If DCF does not have a court order requiring the drug test, DCF can ask you to take a drug test but cannot make you take a test. However, if you refuse testing and there is information that they think indicates that your use or possession of drugs endangers your child, DCF might take legal action... Read more »

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Florida on
Q: Can defac take a newborn without notifying you parents?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2022

Your question is too vague. I suggest you re-post with short description of what caused a newborn to be taken. And by "defac", do you mean DCF (Dept. of Children and Families)? And by "notifying you parents", do you mean notifying the parents of the child being taken away?

2 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida on
Q: My brother robbed us for avrything we own my mother and I are blind and we had to run for our life's the police won't he

The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2022

You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for Florida on
Q: injured in a car accident while driving for Contractor for fedex ground delivering packages on budget truck

Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2022

I agree with Mr. Celeste's answer and am writing to address your last statement: "I’m considering finding a different lawyer...". That sounds like you have retained (signed with) an attorney already. If that's the case, and you fire that lawyer, he/she will likely have lien... Read more »

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1 Answer | Asked in Civil Rights, Communications Law and Libel & Slander for Florida on
Q: Can a husband legally direct me not to talk to his wife? I have in no way threatened her, sworn at her, or humiliated.

I confronted this woman's friend about her issue with my child. She has been talking about my son for quite some time now, and it needed to be addressed. I walked up the driveway of her best friend, when I saw her there. I walked up to her, and told her "I am disappointed in you". I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 5, 2022

If the lady voluntarily, without duress, desires to communicate with you and does so, no, the husband cannot prevent that communication by any legal means. (Does he think we live in Afghanistan?) However, you'll want to avoid a situation where the wife "flips" on you and claims you... Read more »

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Is the state attorney allowed to withhold option to the PTI program?

State Attorney stated if I chose to have my witness show up and provide statement then I would no longer be able allowed to choose the PTI option offered to me. I saw this as unfair because they chose to file charges without looking at my witnesses statement.

Charles M.  Baron
Charles M. Baron
answered on Sep 1, 2022

Your inquiry is a bit vague regarding what you mean by having your "witness show up and provide statement", but I'm guessing you mean "set the case for trial and have my witness testify at trial." It is totally up to the prosecutor what deal to offer you. If they wish,... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: If I have not been paid My accepted settlement offer For over a year now. Can I still fire my attorney?

The settlement was offered the first week of September 2021 . I was told if I accepted the settlement I would receive the monies by December 2021 no later than January 2022. That was the reason I signed the DocuSign accepting The settlement offer which I thought was very low for 10 years of... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 29, 2022

You can fire your attorney at any time for any reason, but the terminated attorney would then have a lien on your case for his/her fees and cost expenditures - and in some cases, that can scare off other attorneys from taking the case. You did not state the reason for the delay, which seems... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Does Florida contract law require a 3-day right of recession? We are a mobile home brokerage.

A buyer is demanding her $1,000 deposit back because she is breaking the contract within her 3-day right of recession she says is FL law. Our contract clearly states how she would lose or be refunded her money. I am not aware of a mandatory 3-day right of recission on a purchase and sale... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 28, 2022

I'm not an expert on mobile home sales, so just giving some guidance. In Fla., there is no right to rescind ANY contract unless (A) the contract provides the right, or (B) there's a statute that provides that right for that particular type of contract. I've never heard of a statute... Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Should I contact a lawyer to file criminal/civil charges against Instacart for employing criminals?

My Instacart account was used yesterday to make 4 fraudulent purchases in 30 minutes. The first three purchases were for around $50 with a $490+ tip on each of the three. Each time the driver marked the deliveries as delivered right after the order was placed. The last one was made for the same... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 25, 2022

Start by calling the police for your locality. They should be interested in investigating your matter. Also, the Fla. Attorney General's Office's Fraud Hotline 1-866-966-7226 possibly could be interested. I think this issue can be solved through law enforcement, but if you must end up... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Hello, So I bought a used car. The break alarm isn’t working.

Couple months back I bought a used car. I didn’t know the break alarm wasn’t working until I drove it off lot. I contacted them on multiple occasions to get it fixed. They tried to ignore me but eventually I got them to. But even though they said they fixed it it still has the warning signs and... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 24, 2022

You did not ask a question. If you are wondering if the dealer is living up to its end of the bargain, schedule a consultation with an attorney to review the transaction documents and go over the communications you had with the dealer. The failure to disclose that the car had been in an accident... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... Read more »

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3 Answers | Asked in Contracts and Arbitration / Mediation Law for Florida on
Q: is it legal in florida contract law to impose a 50% penalty for a payment not made on time?

I have agreed to pay a certain amount by october 29 2022 but my creditor wants to impose a 50% penalty if the payment is even one day late. is that legal?

Charles M.  Baron
Charles M. Baron
answered on Aug 21, 2022

It may or may not be lawful. Your inquiry is a bit vague as to whether you have an valid agreement that has the penalty set forth therein. You said your creditor "wants" to impose the penalty. So is that penalty one of the terms you agreed to or not? If not, then he can't impose... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Florida on
Q: If someone I knew had a small misdemeanor charge,did their time (3 months) and had one year probation allowed move state

Their probation officer declined them to move states, after they asked them if they could leave and switch the classes over to the other state and was willing to pay everything off way faster.. they were homeless and had no help. But in the other state they had my family to help get them back on... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 19, 2022

To seek help on this issue, your significant other must schedule a consultation with an attorney handling criminal cases in the geographic area of the Court where the case was filed. Since the probation officer denied the relief sought, relief must be sought from the Court, which may or may not be... Read more »

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