Get free answers to your Legal Malpractice legal questions from lawyers in your area.
so 15 years ago my back was injured, i just found out about it this year (less then 3 months ago) and the hospital has worked to cover it up falsifying my records 3 times and covering it up 4 times. i lost my job my health, i need 24/7 care and many many other health related issues because they... View More
answered on Dec 5, 2024
I'm really sorry to hear about what you've been going through. Statutes of limitations are laws that set the maximum time you have to file a lawsuit after an incident occurs. They exist to ensure that cases are handled while evidence is still available and memories are fresh, which helps... View More
Something took place which prevented action in bringing proper legal action forward at a certain time. It's something dealing with civil rights, and human rights violations.
answered on Nov 29, 2024
There are circumstances that toll the statute of limitations. A little more detail than an "intentional prevention of bringing a legal case forward" will be needed to evaluate your situation.
doctor, prior pcp, referred patient to out-of-network hospital not covered by patient's medicare.
doctor recorded on admission evidently non-existent lethal disease based only on blood test performed by hospital laboratory and "communicated" by non-existent person.... View More
answered on Nov 27, 2024
This situation appears to involve several serious legal issues, including potential Medicare fraud, false medical documentation, and improper patient care.
The hospital's attempt to invoke the ostensible agency doctrine seems questionable here, as the facts suggest direct involvement... View More
Does inconsistency in identification of deposition officer in discovery subpoena form SUBP-010 and in Proof of Service of SUBP-010 represent valid cause to oppose subpoena?
What specific statute or rule of court defines opposition to subpoena - in general and specific to the situation.
answered on Nov 27, 2024
Under California Code of Civil Procedure § 1985-1997 and California Rules of Court, an inconsistency in identifying the deposition officer between the SUBP-010 form and its Proof of Service could potentially be grounds for objection, though this alone may not be sufficient for quashing the... View More
Possession of a bb gun is not illegal unless banished in public and in bb view of public sight, correct?
answered on Nov 25, 2024
Your right to communicate effectively in court is protected by the Constitution. While you can decline an interpreter if you're confident in your English skills, the prosecution may request one if they believe it's necessary for ensuring fair proceedings. You should clearly state your... View More
Without probable cause and violation of my 4th amendment rights. Unreasonable search and seizures. Soliciting interpreter/translator double jeopardy conviction and defamation false accusations. I have lost friends my family despise me worst of all my relationship with my children is estranged. Jobs... View More
answered on Nov 24, 2024
You're dealing with a very serious situation that appears to involve multiple constitutional and civil rights violations, particularly regarding your Fourth Amendment protections and issues with law enforcement conduct.
Given the complexity of your case - involving wrongful court... View More
So I went to court and the judge told me that he did not have all of the charges in front of him but was willing to let me out on an or my own recognizance if I plead no contest to the charges. I told him that I did not want to plead to something without knowing what it is he said what you... View More
answered on Nov 28, 2024
I am unclear what happened in court and it sounds like you might be as well? You should consult with an experienced criminal defense lawyer to explore your remedies under California law. It is important you mention to the lawyer what your goal is.
I was a long-time user of Upwork, relying on the platform for professional opportunities. My account was permanently suspended due to a job I posted 18 months prior, which Upwork claims violated their Terms of Service under Section 3.2 ("Acting misleadingly or fraudulently"). The job... View More
answered on Nov 19, 2024
Your situation highlights several important legal considerations regarding Upwork's enforcement of their Terms of Service and the doctrine of laches (unreasonable delay in making legal claim).
While Upwork's terms give them broad discretion to suspend accounts, the 18-month delay... View More
My county has a child protection system that lies, manipulates, and illegally seizes children targeting women with addiction in their history who lack strong support systems to keep sanity while trying to fight for their only true love in this life. They rip apart families and have no consequence... View More
answered on Nov 15, 2024
First, document everything meticulously - keep detailed records of all interactions, conversations, and incidents with the child welfare department. Save all emails, letters, court documents, and take notes during phone calls or meetings, including dates, times, and names of everyone involved.... View More
answered on Nov 15, 2024
While that could be considered malpractice or neglect, without further harm, such a case may not be viable.
I really need to speak to an attorney to give more details as it is lenghty and complicated.
answered on Nov 14, 2024
Let me help point you in the right direction since time is critical with your upcoming court date.
For immediate assistance with pro bono legal services, contact your state's bar association - they maintain lists of attorneys who offer free legal help and can match you with someone... View More
i found out her errors 4 years later when i decided to represent myself bec i got into a lot of debts bec of d case suffered financial hardships and case dragged bec of her serious oversight
answered on Nov 14, 2024
If you believe your previous lawyer committed malpractice that caused financial harm, you should first gather and organize all evidence of the errors, including court documents, communications, and financial records showing your damages.
Consider consulting with a legal malpractice attorney... View More
In a Legal Malpractice case, if an Attorney representing the attorney party, presents materials to the Court intended to establish justifiable reliance that later is found to be fraudulent, is it necessary to name the Attorney in the case in order for the defendants to be held accountable for the... View More
answered on Nov 6, 2024
There are other methods you can take in the court to show the evidence is fraudulent to the jury to help your case.
If you file a Renewal Motion for Motion to Vacate Arbitration Award based on new evidence of fraud, which is extrinsic, and simultaneously file a Motion to Set Aside/Vacate Judgment... being that the Judgment would technically be void for the fraud being extrinsic, is there another way you should... View More
answered on Oct 31, 2024
When dealing with extrinsic fraud, a Renewal Motion for new evidence typically functions as a Motion to Vacate the Arbitration Award. Extrinsic fraud involves actions outside the scope of the legal process, such as deceit that prevented you from presenting your case. To have the award set aside,... View More
Defendant scheduled hearing for demurrer to amended complaint. Plaintiff opposes demurrer, and amends opposition to demurrer.
Does amended opposition to demurrer require separate hearing?
answered on Oct 27, 2024
If you have filed an amended opposition to the defendant's demurrer, you generally do not need a separate hearing. The court can consider your amended opposition at the already scheduled hearing for the demurrer to the amended complaint. This means that the hearing date remains the same, and... View More
Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?
answered on Oct 27, 2024
To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More
Spent 2 years searching for an attorney and noticed I was always getting turned down before having a single conversation or consultation. No Q&A. I decided to then submit an identical case description but used a different name/contact info. And now I'm getting calls left and right. I... View More
answered on Oct 25, 2024
If there is such a list, I don't subscribe. A simple Google search can reveal information that may telling.
i had a 6 extraction in one procedure last 05/15/2024. He damaged my sinus maxillary that now an ENT specialist need to do a surgery and make corrections on my sinuses. The dentist saw me that I was in excruciating pain and while He was working with my molar instead of telling me that it’s rotten... View More
answered on Oct 24, 2024
I'm sorry to hear about the difficulties you're experiencing. If a doctor did not provide the appropriate care, especially considering your medical condition, you might have grounds for legal action. Medical malpractice cases generally require showing that the doctor had a duty to you,... View More
I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More
answered on Oct 24, 2024
Use the Justia FInd a Lawyer tab and search for medical malpractice or dental malpractice lawyers in the county/area you reside. Call a few, meet with them, and then decide how to proceed from there. Most will provide a free initial consult or telephone consult. Good luck.
My parental rights was terminated by a court commissioner instead of a judge without my knowledge on video zoom court that on my end was black I don't know who was at the hearing but the paperwork of that court date shows a court commissioner not a judge and there are other details of lies I... View More
answered on Oct 23, 2024
I'm sorry to hear about the difficulties you're facing. Finding the right legal assistance is crucial for your situation. In Fresno, there are several attorneys who handle family law and can help you navigate the complexities of your case.
You might consider reaching out to the... View More
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