Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Do you mean insurance coverage?
I mean insurance coverage and to types of medical coverage under the plan as well as policy dollar limit coverage.
I want to use the $55 per month for a trial period of 1 month only. I did not see this choice selection before this chat began.
I understand. No, that's not a basis that one can file a declaratory judgment on (unless the entire issue of the case is whether or not they have insurance). Rather, the case would be filed based on malpractice, and as part of the discovery process, the plaintiff could find out if they have insurance. That's a very typical discovery request.
But a declaratory judgment is asking the court to find liability or no liability.
It's not asking the court for them to show something or turn over something.
As to the subscription, I have no control over that. I can send this to customer service after we're done and you have rated it, to let them know that this is what you want.
this is a medical malpractice case against a doctor and hospital in ky. am I right in interpreting your answer than in ohio a declaratory judgment is not the way to go. Cover elements and dollar amounts of coverage should be obtained during discovery and not by asking the court to provide. in this case the defendant doctor is arguing coverage of the medical procedures involved in the malpractice case. I hope I can get back to the button where I wanted to select the type of subscription. I may have another question for you. can you help again this evening? also, can you give me a cite from ohio law on this first question, or a case law citation?
That's right, a declaratory judgment is not the way to go. The discovery process would be asking the defendant to provide that information, and if they don't, then you would ask the court to compel it.
As to a "citation", none is needed. By definition a statutory judgment is "a statutory remedy for the determination of a justiciable controversy where the plaintiff is in doubt as to his or her legal rights. A binding adjudication of the rights and status of litigants even though no consequential relief is awarded."
Typically it's by a party that doesn't want a monetary judgment, but wants to get finality to a case.
IF you file for a declaratory judgment, then you couldn't file a normal lawsuit.
A declaratory judgment could be filed, for instance, by the hospital / doctors against you to determine that there's no liability. But it couldn't be filed by you to determine that there is, or that there's insurance, etc..
Discovery is going on in this case. the doctor/defendant has given a deposition and he has deposed our expert as well. Now he has a civil and a criminal trial coming up and is likely to duck further testimony during the trial by claiming the 5th. Can we over the 5th issue at trial by agreeing to what he has already said in his deposition already will that avoid the 5th issue at trial?
As for helping again, I may or may not be online, depending on when you ask. I will be online early in the morning, so after rating this question, you can ask another.
(and I will get to it as soon as I can)
That's a different question than a declaratory judgment (and I'm not supposed to answer questions outside of the scope of the original, per JustAnswers terms of service), but in short, you can compel testimony of something that he has already admitted in a deposition. A prior admission under oath would be a waiver of the 5th amendment rights.
I will wait a little while for your reply this evening. I could then rate both questions at the same time. This would be helpful as I have an early morning meeting. Thank you. I will wait about 10 minutes, any possibility?
10 minutes is fine. I do ask that you rate this now so it will close out and then I can address your other one (if possible). If not, another expert with more expertise can assist.
I cannot assist other customers unless and until you rate this, so I ask that you do so if we're done for the time being.
treat this as a second question,then. I will now rate your first response. I understand the short answer you gave me, but hope you will be the expert to complete this question. If we agree to the admissions/statement in his original deposition, would that cure the 5th issue for this defendant to get out of testifying at trial. thank you, XXXXX XXXXX now rate your first question and wait for the answer to the 2nd question.
Like I said, if there was an admission, under oath (either in an admissions document or in deposition) by the defendant that he LATER raises a 5th amendment defense and refuses to testify, you can ask the court to compel him to testify as he has already testified under oath to this. Once he testifies on the matter under oath, he can't LATER raise a 5th amendment objection.
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