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answered on Nov 5, 2024
Hi - without any residual damages, there is presumably no medical malpractice case. In any lawsuit, there has to be damages. While it sounds like the medical attendant made an error, without any damages (and a possible risk), this would not rise to the level of a case an attorney would consider. If... View More 
answered on Nov 8, 2024
In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm,... View More
Aside from me calling around and talking to different lawyers I want to say that aside from being a very messy and complicated case I would like to know what kind of a lawyer could help me if I don't want a financial recovery and I just want to use my personal Medicaid health insurance for all... View More
answered on Nov 3, 2024
A Kentucky attorney could advise best, but your question remains open for almost a month. Sorry about your accident. It sounds like the law firms with whom you consulted are reluctant to place the matter into suit. One option is to continue to reach out to attorneys. If a number of law firms... View More
On July 29, 2024, CHP chased a suspect for over 15 miles at speeds exceeding 120 mph, continuing into a residential area with bystanders, including children. Despite the risks, CHP failed to terminate the pursuit, resulting in the suspect crashing into our vehicle, causing severe property damage... View More
answered on Nov 3, 2024
CHP officers have discretion in high-speed pursuits, but they have to consider public safety as mandated by their own policies and California law. Under Section 17004, officers can be immune from liability during a pursuit, but this immunity has limitations. If officers acted recklessly or failed... View More
My mother in law filed a petition for custody of my husbands children stating I was a drug addict and referred to me as a concubine. She states I'm an unsafe individual all in which she knows is false. She ruined my reputation and caused my husband and I serious emotional turmoil even still.... View More
answered on Nov 2, 2024
It sounds like you may have a potential case for defamation, interference with employment, and possibly other civil claims. In a situation like this, several factors could play into whether you have a viable legal claim. Here’s an overview of what you’d need to consider:
Defamation: To... View More
was never told by my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes, (she did do the test for glucose, I was told to monitor my numbers because the results came out high but didn’t say anything that I had developed diabetes, throughout my whole... View More
answered on Nov 1, 2024
Sue for what? There is NOTHING that anyone can do to prevent GD. To sue under a theory of medical negligence/malpractice, you MUST be able to articulate how the provider breached the standard of care they owed you. GD is CAUSED by the placenta interfering with insulin absorption. It cannot be... View More
I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More
answered on Oct 31, 2024
Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More
In NE Ohio at 7:25PM few days ago backing out my car with lights from a driveway looking both sides onto a rural highway(single lane two way 55mph highway). Get broad sided dead center(between front and back passenger door) by another car. Question is, who is at fault. Got cited by the cop for... View More
answered on Nov 14, 2024
'm sorry to hear about your accident. Determining fault in such situations involves understanding Ohio's traffic laws and the specifics of the incident.
Ohio Traffic Laws:
According to Ohio Revised Code § 4511.44, when entering or crossing a highway from a place other... View More
A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More
answered on Oct 30, 2024
If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More
My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax
answered on Oct 29, 2024
Your case's value is based on its damages. Damages encompass past & future medicals, wages/earning capacity, and pain and suffering (sometimes punitive/punishment damages, but that's rare). However, pretty much all damages are primarily based on the medicals meaning the more treatment... View More
My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax
answered on Oct 29, 2024
I suggest you have a heart to heart discussion with your attorney, as I see a communication breakdown here. You should seek additional treatment if you truly NEED it, not just to increase the value of your case. Experienced adjusters are not stupid and are looking out for claims that appear to be... View More
Please identify statutes/rules that define opposition to subpoena in this situation.
Person or entity was served with subpoena. On subpoena form deposition date was modified to LATER date, BEFORE subpoena was served. Change was done by crossing out previous date and filling out later date... View More
answered on Oct 29, 2024
In California, a subpoena can be opposed if altered improperly, potentially invalidating its legal standing. Under CCP § 1985.3, § 1987.1, and California Rules of Court 3.1345, recipients may file a motion to quash if procedural defects, like unauthorized alterations, exist. Since the deposition... View More
when proof of service for reply to opposition should be filed with court? What statute/rule defines due date?
answered on Oct 29, 2024
In California, the proof of service (POS) for a reply to an opposition must generally be filed with the court on the same date the reply is filed. California Rules of Court, Rule 3.1300 outlines filing deadlines, while Code of Civil Procedure § 1005(b) specifies timelines for serving documents in... View More
I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More
answered on Oct 28, 2024
Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More
I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues
answered on Oct 28, 2024
The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More
answered on Oct 28, 2024
There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the... View More
I went to my dentist for a root canal, but she stopped midway, citing discomfort with an unfamiliar assistant. She referred me to an endodontist, but the earliest appointment was weeks away, leaving my tooth exposed. I returned to the dentist after a few days due to pain, and she removed the nerve... View More
answered on Oct 28, 2024
If your complaint is against a Texas dentist, you may either file a complaint with the Texas State Board of Dental Examiners or file a dental malpractice lawsuit in a Texas District Court or both. The primary issue in any dental malpractice case is whether the dentist deviated or breached the... View More
03/21 accident / 10 months physical therapy
01-22 cervical mri
02-22 lumbar & thoracic MRI
03-22 Emergency room visit for rectal prolapse.. I left because of fear and anxiety of the examination process.. filed for disability
04/24 disability hearing... View More
answered on Oct 28, 2024
A Georgia attorney could advise best, but your question remains open for three weeks. It looks like you had around 10 months of physical therapy following the 3/21 accident. That's not problematic - it's typical. Cervical, lumbar, thoracic series in 1/22 and 2/22 - presumably that's... View More
I was riding home in the dark, with proper lighting. it was a city sidewalk that had a pile of cut limbs between the street and sidewalk. the pile was hanging half way over the sidewalk, by the time I seen them it was too late. i hit the pile and ended up wrecking, seperating my shoulder in the... View More
answered on Oct 27, 2024
A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your accident and your injuries. To answer your question, an attorney would want to know more details about the setting - local regs about bicycles on sidewalks, lighting, your speed, measures... View More
So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice
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answered on Oct 29, 2024
Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More
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