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Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Personal Injury for Tennessee on
Q: is there any liability for a doctor who does not prescribe pain med timely for a patient after several year of doing so?

my Family doctor started me on pain med several years ago after being diagnosed with an incurable disease, and i have been using this med as prescribed since it was first prescribe for me. there has been several times over the past years when he has been as much as 2-5 days late prescribing the med... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 28, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. Based on your brief description, it appears that the measure of damages would essentially be a pattern of several delays in receiving pain relief meds after long-term use of the medication. Although your suffering... Read more »

1 Answer | Asked in Legal Malpractice for Florida on
Q: Had a procedure done on my back with a 2 to 3 day recovery; haven’t been to work since; Are there any legal grounds ?

It’s been eight months since I worked; I have applied for disability;

My problem is that I cannot physically return to work at this time. Please respond, thanks

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

That's a question your current heath care provider needs to answer.

1 Answer | Asked in Adoption, Family Law and Legal Malpractice for Georgia on
Q: I am a birth father. The birth mother and I want to contest an adoption we’ve consented. How do we start the process?

The birth mother signed a Post Adoption contact agreement thinking that we would be able to keep in contact with the adoptive parents. The attorney never said that both parties needed to sign. I’ve recently learned that they never signed an agreement. This would have been a dealbreaker in our... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 25, 2021

Get an adoption attorney on the job immediately. You are under a time deadline. Don’t delay.

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

1 Answer | Asked in Legal Malpractice for Michigan on
Q: Is it legal for cps too take your children without talking too you about allegations?
Brent T. Geers
Brent T. Geers answered on Jul 19, 2021

Yes. CPS would be acting - usually - under a pick-up order, signed by a judge. You may begin answering to the allegations at the preliminary hearing, which is typically scheduled within 24-48 hours after removal.

1 Answer | Asked in Legal Malpractice and Employment Law for North Carolina on
Q: Can I get legal help for my vertigo

I have vertigo and turned in paperwork to my general manager at work but still received written referrals for being late and not showing up when I am having vertigo can I be fired for it

Kyle Anderson
Kyle Anderson answered on Jul 14, 2021

Hi more information is needed here. If your vertigo qualifies as a disability under the Americans with Disabilities Act, and you request a reasonable accommodation, the employer should work with you on getting an accommodation you need. I would reach out to an employment law attorney in your state... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Appeals / Appellate Law and Legal Malpractice for Kentucky on
Q: Why wasn't the issue of EED not pursued on appeal? No more ineffective can an atty. be than ignore the compelling plea.

Nunn was a slam dunk EED. Scoville squandered all Nunns and his assets and suicide by eating a bullet because of his poor representation of Nunn et al was coming back on appeals and was his only out. Now Nunn has done

@ enough time for an EED and at 70 his heart condition will just about... Read more »

Timothy Denison
Timothy Denison answered on Jul 8, 2021

What is your question?

1 Answer | Asked in Legal Malpractice and Lemon Law for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!

Marco advised I ask google, isn't this ask a lawyer. If google is the best answer, I knew lawyers are part of the problem

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2021

It's not an acronym.

see:

[20-22] "... (Britain, law) The railing surrounding the part of a courtroom in which the judges, lawyers, defendants and witnesses stay

(US, law) "the Bar" or "the bar" The bar exam, the legal licensing exam....
Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

3 Answers | Asked in Contracts, Copyright and Legal Malpractice for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!?

I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Did you try google?

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1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

1 Answer | Asked in Criminal Law, Legal Malpractice and Libel & Slander for Florida on
Q: how do i get a expungement. 2019
Henry George Ferro
Henry George Ferro answered on Jul 7, 2021

You can go through the FDLE website or you can hire a lawyer to do it for you.

1 Answer | Asked in Legal Malpractice for California on
Q: hello, Is there a time limit to file a malpractice against a probate lawyer

My stepmother, the trustee of the property that my sister and I along with my stepmother are too inherit, asked us to pay in equal parts for a lawyer to start the probate process for all of us. The trustee found a lawyer, the lawyer took our money, sent all of us the action she was taking. After a... Read more »

Kenneth Sisco
Kenneth Sisco answered on Jul 6, 2021

The basic Statute of Limitations for bringing suit against an attorney, is one year from the point you knew, or should have known, that the malpractice occurred. But, you have stated facts that make the issue more complicated and could extend the statute, and/or raise other actionable causes of... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Can I deduct my litigatiocosts from the settlement I receive even if the costs where incurred under a different attorney

I had two attorneys on a contingency fee. I paid all litigation costs out of my pocket as they arose. No attorney has a claim against me. The case took place in CA.

.

My first attorney had to quit due to his health issues. My second attorney tells me that the costs I incurred under... Read more »

William John Light
William John Light answered on Jun 29, 2021

Your post was directed to California forum, although the post indicates that you are in Florida. You may wish to consult Florida attorneys. In general, your retainer agreement with the new attorney governs. If the attorneys fees is to be calculated on the gross recovery, then your costs... Read more »

1 Answer | Asked in Legal Malpractice for Texas on
Q: How do I request the appellate judge to give a written opinion on dismissal of a request for reconsideration?
Randy Sorrels
Randy Sorrels answered on Jun 20, 2021

On the motion for reconsideration, they can simply deny the motion or grant the motion. Usually, they deny the motion without a written opinion.

1 Answer | Asked in Legal Malpractice for Pennsylvania on
Q: Is it legal for universities to require the vaccine? Or wear a mask and get tested twice a week if you don’t?

My university is basically saying get vaccinated or get tested twice a week AND wear a mask on campus if you want to attend in person classes. I feel as if this is not fair and it is might right to have the choice of wearing a mask/getting vaccinated. Especially since I am paying for the education... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Recent decisions suggest it is. They are doing this for other students. Just as if they had gas fumes they would have a duty to control them. The "studies" you refer to, if they aren't from a peer reviewed medical journal, they hold no weight in Court. Or you can attend mask free,... Read more »

2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Disbursement of Recovery: Any recovery shall be received by Attorney and disbursed to Client pursuant to this Agreement

Do this clause give my attorney the right to cash my check?... Even if I did not agree to the recovery amount of the settlement. Can he cash and deposit my check?

I fired my attorney and when it came down to my new attorney requesting the check the check had been cashed.

Tim Akpinar
Tim Akpinar answered on May 24, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like something that has to be sorted out between your incoming and outgoing attorneys, and possibly the carrier, depending on how it's handled. Good luck

Tim Akpinar

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