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Questions Answered by Robert Edward Heyman
3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Hello quick questionI have a lawyer that’s trying to make me take a 200 Community hours for a plea deal I Submitted

A NON PROSECUTION AFFIDAVIT im not guilty of the crime but she just want me to take this plea I feel it’s not right because I am not guilty is there something I can do on my behalf I never been in trouble before.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Very simple. You need to have a very frank discussion with your attorney. No attorney can "make" a client accept a plea offer from the State. There are times when it may be in a client's best interests to accept a sweetheart deal from the State in order to avoid the risk of going to... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Hello. So I was arrested about 5 years ago. 2 counts paraphernalia, 2 counts possession of cocaine, 1 petty theft.

Two counts of possession were adjudication withheld. I completed and was released from probation without incident in roughly half the time. Can I get either the felonies or the petty theft expunged or sealed in any way?

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

The answer is that you may be able to get your records sealed. In order to be eligible, you cannot ever have been adjudicated for any criminal charge, either prior to or after the charges you mention. You can get an application off of the FDLE website. Application is made to FDLE, which will... View More

1 Answer | Asked in Personal Injury, Education Law and Landlord - Tenant for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

Stop right now with thoughts of lawsuits and medical school.

While not named, I question why you would want to continue to attend a school which has already treated you so poorly. If the school is truly where you want to go, consider off campus housing. You cannot sue the school because...
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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

While you do not mention it in your question, you should immediately retain an experienced personal injury attorney. From reading your question, I am reminded of the adage that "a little knowledge is dangerous". You reference medical terms but I suspect you don't really know what... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Can a defender mother talk to his state attorney

I have proof that can help my son

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

The State Attorney will most likely not speak directly with you regarding your son's pending charges. I assume he has either hired an attorney or has been appointed the Public Defender to represent him. You need to contact his attorney and provide him or her with your information for their... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If there’s been a warrant issued, but no arrest yet, how can I find what the allegations are on the affidavit?

The clerks office doesn’t have anything online when I search the case # and when I call, there is a case file but they say there’s no activity on it.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

Sorry, but the only way to be able to see either the warrant or the affidavit is to wait until it is executed. At that time it will be filed with the local clerk. This is to protect the safety of the police officers who are attempting to execute the warrant, as well as those persons who may have... View More

1 Answer | Asked in Criminal Law for Florida on
Q: what legal action can be taken against someone who gave me post dated checks as a form of payment, without funds

he kept asking me for more time to cash the checks without any resolution

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

The problem with accepting a post dated check is that it transforms the check into a "promissory note" for which there is no remedy under the criminal statutes. In other words it is a "promise to pay at a future date" rather than an attempt to defraud the payee (you) on the date... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Is it illegal to pay someone hush money?

I am trying to understand the Trump hush money trial. Disregarding any falsifying of business records. If Trump was not running for an elected office and wrote a personal check to Daniels for hush money would that be considered illegal as long as Trump is not admitting to any illegal activity?... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

You are correct that it is not per se illegal to pay someone or some other entity "hush money" to prevent disclosure of certain information - usually embarrassing or harmful in nature. More accurately referred to as "non-disclosure" agreements, they are legally binding, and if... View More

3 Answers | Asked in Criminal Law for Florida on
Q: I’m looking for a lawyer that’s willing to take payment plans in Clearwater Florida (pinellas county)

My sister was charged with An A class felony of burglary/ assault after fighting with someone on Clearwater beach. Because she reached into her car and pulled her wig off they are saying it’s burglary. I don’t see how, but it’s Florida law. Camera doesn’t show anything the girl did to... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 5, 2024

It appears that your sister was charged with Burglary with the intent to commit a Battery. First, the scary sounding part. Burglary/Battery is a 1st degree felony punishable by life under Florida Law. Under different circumstances - such as when someone breaks into a house with the intent to harm... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Have you ever heard of a person being sentenced to credit for time served in April and then receiving credit again for

the same time served in June on a separate charge and in front of a different judge?

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

That can happen. If the defendant was in custody on multiple charges, that credit applies to all of the pending charges, whether disposed of at the same time or not, and before the same judge or not.

1 Answer | Asked in Criminal Law for Florida on
Q: Police bust my house and search warrant was not signed by police or judge is this legal?

My daughters house was busted on 4/21/2011 alledging her with 25 other ppl of conspiracy to traffic in 28grams or more of pills.and unlawful use of a two-way device. they had no warrant and the warrant left at premises was not signed by the police nor judge. 13 ppl on case has been released without... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 17, 2011

You raise a number of issues in your question. First of all, only the Judge's signature needs to appear on the warrant. The police officer who provides probable cause must sign an affidavit establishing probable cause. That affidavit should be attached to the warrant. While the warrant left at... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Do all conditions of probation have to be written in the judgment? - specifically "do not commit any violation of law."
Robert Edward Heyman
Robert Edward Heyman
answered on Nov 17, 2011

This is a standard condition of probation as required by Florida Statute 948.03 and takes effect without the need to be pronounced at the time of sentencing.

1 Answer | Asked in Criminal Law for Florida on
Q: With the Felony murder rule,useing 3rd burg of unoccp struc,can they find you guilty of 1st pre med murder from a car ac
Robert Edward Heyman
Robert Edward Heyman
answered on Nov 17, 2011

You are confusing the two ways in which a person can be convicted of 1st degree murder. Any degree of burglary can support a conviction for felony murder (ie. a killing which which is NOT premeditated). I assume from your question that an accident occurred during the criminal episode in which a... View More

1 Answer | Asked in Criminal Law for Florida on
Q: Can an undercover officer buying stolen goods ask for guns and entice an individual to get the guns by offering money
Robert Edward Heyman
Robert Edward Heyman
answered on Nov 17, 2011

I'm assume that your question involves whether this behavior by the undercover officer constitutes "entrapment". The answer is no. The burden to prove entrapment under Florida law is a heavy one. Merely offering to purchase guns from an individual for cash is not enough. Your... View More

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