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Questions Answered by Calvin A. Knickerbocker III
2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Calvin A. Knickerbocker III
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answered on Oct 22, 2024

If OHSU deviated from the standard of care by not amputating your legs promptly, which is a known effective treatment for necrotizing fasciitis, you might have a case for medical malpractice. The experimental drug trial's protocol, if it delayed necessary treatment, could be seen as negligence... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my building force me to pay for and use a trash service that was not included in my original lease addendum?

My building has a valet trash service that picks up trash outside our doors each evening. I signed an addendum for that service when I signed my lease. They changed the service now requiring tenants to schedule a pick up time and hand their trash directly to the pickup person. I always carry my... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2024

Are you month to month or under a long term lease? If the lease addendum lays out the specific service that they provide (leave trash outside your apt and we pick it up each night, or some such) then that's what they need to provide for the term of your lease. If they aren't able to... View More

1 Answer | Asked in Probate for Oregon on
Q: Can I file a Breach Of Fiducary duth in my county?

Can I file a Breach Of Fiducary duth in my county?

I plan to file a Breach of Fiducary Duty in a probate case, I am the only heir in the State and would like to file the breach in my county as opposed to the county where my Mother died, can I do that?

Does the Breach need to be... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Given your scenario and the general principles discussed, here's how you might approach filing a breach of fiduciary duty claim in Oregon:

Venue for Filing:

Probate Court: If your claim directly involves the administration of your mother's estate or the duties of an...
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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Had head injury & unconscious for short time. Went to ER with obvious head trauma. But no concussion test performed.

I had a Mt. Bike accident in 2021. I landed in my head & right shoulder & was unconscious for a short time.

I was taken to local ER, I had an obvious head injury but was not given a concussion test. Only focus was on clavicle break. Surgery to fix clavicle a few days later &... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Based on the information provided and general legal principles here's how you might approach this situation:

Legal Basis for a Claim:

Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: In oregon, can I record my landlord in my bedrooms, kitchen, and livingroom without their knowledge or permission?

To clarify, I'm asking about video recording with audio.

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

In Oregon, the law regarding recording conversations or activities in private areas like bedrooms, kitchens, and living rooms without the consent of all parties involved is complex due to recent legal developments:

General Law: Oregon law traditionally required the consent of all parties...
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1 Answer | Asked in Criminal Law for Oregon on
Q: Legal Definition of Hit and Run w/ injury? And what are the duties of the driver involved in a crash?

I was involved in a 3 car minor crash, I hit the car in front of me at a light I was going maybe 2 miles an hour if that, the light was green for 3 seconds then turned red I wasn't paying attention in that exact moment causing me to hit the vehicle in front of me and him hitting the car in... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

In the context of Oregon law, which can be generalized to understand similar legal frameworks elsewhere, a "hit and run" with injury involves a driver leaving the scene of an accident where they have caused injury or death without fulfilling their legal obligations.

There might...
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1 Answer | Asked in Libel & Slander for Oregon on
Q: Some one posted signage and on social media a stating I am a pervert recording children. Completely false.

I have photos of signage as well as screen shots of the horrible things said on social media.

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Yes, in Oregon, you can potentially sue for defamation if someone falsely accuses you of being a pervert recording children on social media.

Defamation involves making a false statement that harms someone's reputation. In your case, being falsely labeled as a pervert recording...
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1 Answer | Asked in Employment Law and Business Law for Oregon on
Q: How much trouble can a non government business get in trouble for paying a 13 year old under the table

They also lie about products being new and sealed

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Paying a 13-year-old under the table involves several legal and ethical issues, primarily centered around labor laws, tax evasion, and child labor regulations:

In the U.S., the Fair Labor Standards Act (FLSA) sets strict guidelines on when, for how long, and under what conditions minors can...
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1 Answer | Asked in Criminal Law for Oregon on
Q: Oregon; Is it possible to get Theft I expunged on my own without a lawyer? How hard would it be?

It is from March 2018, only that one felony. I’m coming up on 7 years, I have no other charges, I finished my probation March 2020 and everything is paid off. I know I am able to do the process myself but what is the risk of doing it without a lawyer? Any other information you can give me on the... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Yes, it is possible to attempt to get a Theft I charge expunged without a lawyer, but the difficulty can vary significantly based your exact circumstances.

Typically, you might need to meet certain criteria like having completed all terms of your sentence (including probation or parole),...
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2 Answers | Asked in Medical Malpractice for Oregon on
Q: What are my options for medical malpractice involving medicine.

I was given an injection by a MA at doctor's office which turned out to be 4 times the original dosage my doctor ordered. I was in a lot of pain for 2 months. What if any are my options with the doctor's office?

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

Even if you're not sure about filing a lawsuit, a consultation with a medical malpractice attorney can provide clarity on your rights and potential outcomes. They can discuss the statute of limitations, which in Oregon for personal injury (including medical malpractice) is generally two years... View More

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1 Answer | Asked in Probate for Oregon on
Q: I would like to talk with a lawyer to assist me with a Simple Estate Affidavit

My wife died in July 2024, all of her assets were held jointly with me. She has credit card and medical debt in her name. She has a will which leaves everything to me. The debt in her name only totals about $24,000. She struggled with cancer for 2+ years, which ran... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2024

In Oregon, if the total value of the decedent's probate estate (assets that don't pass by beneficiary designation, joint tenancy, or payable on death) is less than $75,000, you can indeed use the Simple Estate Affidavit to transfer assets. However, since all her assets were jointly held,... View More

2 Answers | Asked in Personal Injury, Car Accidents and Medical Malpractice for Louisiana on
Q: I have a intracranial hematoma to my right temporal lobe that was left untreated now has started paralyzed my body

On the opposite side also my speech an alot more I wasn't aware of this until I tried filling out for disability 2007 an again 2019 I was told I refuse treated but 2017 I got my records and it stated different from my records my lawyer has which he's not aware of yet

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

If you currently have an attorney you should address these issues directly with him or her. If you have come into new information or facts about your case the first call should be to them. They will be more involved and have better knowledge of your direct facts that what you may find online.

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