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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an...
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2 Answers | Asked in Personal Injury for Texas on
Q: It took over 6 mo.for the lawyer to get me to see a lung Dr due to a black spot on my right lung in the middle of it an

an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: How data dump issue with missing data has to be referenced in motion to compel further?

Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).

What plaintiff must do? Defense at... View More

James L. Arrasmith
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answered on Apr 24, 2024

In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:

1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense....
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

James L. Arrasmith
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answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
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1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Hospital ->hospice fraud. Is hospital discharge summary with non-existent admission diagnosis legally false claim?

Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).

Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.

The California False Claims Act (CFCA) prohibits...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer... View More

James L. Arrasmith
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answered on Apr 23, 2024

In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:

1. You did not claim to be a medical professional...
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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2024

Probably not, based on the brief facts you presented. It doesn't look like you represented yourself to be a health care professional or anyone else with expertise in cancer medication. Ordinary people with no particular qualifications regularly give their medical advice to friends, family... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2024

It sounds like you are considering the timing of your lawsuit as part of your strategy. Some law firms file suit at the onset; some file suit upon the collapse of negotiation efforts or when the statute of limitations is looming. Something to keep in mind is that many insurance defense firms will... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Personal Injury, Domestic Violence and Legal Malpractice for California on
Q: I'm pro per, his lawyer was upset with me, trying to get me alone, chased me through the courthouse, scaring me. Legal?

I'm disabled, have PTSD and panic disorder. This stems from his client!

During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More

James L. Arrasmith
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answered on Apr 19, 2024

Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

As I am sure you have been told, a bad outcome in a surgery does not necessarily mean that your surgeon committed malpractice.

Take your medical records to another surgeon in or near the county where you first surgery occurred and pay him/her to thoroughly review those records to determine...
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3 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I am respectfully being declined by lawyers for malpractice law suit. What am I doing wrong? Please and thank you.

I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2024

Medical malpractice cases can be difficult. Between the laws that protect doctors and hospitals and their insurance companies, and the nature of medical malpractice cases, not all valid cases can go forward. I suggest you continue to contact medical malpractice attorneys in the state where this... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently found out that I have been miss diagnosed by Kaiser Permanente.

Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?

James L. Arrasmith
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answered on Apr 19, 2024

Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:

1. The nature and severity of your misdiagnosis

2. The impact of...
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1 Answer | Asked in Personal Injury, Civil Rights and Wrongful Death for Texas on
Q: Why are emergency rooms in Florida and Texas refusing to help a pregnant women? Two instances where this happened?

Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?

John Michael Frick
John Michael Frick
answered on Apr 19, 2024

A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord remove asbestos in a common hallway when tenants still live in their apartments?

Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More

James L. Arrasmith
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answered on Apr 18, 2024

Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:

1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,...
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