JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

34 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Fbi
  • ,
  • Far
  • ,
  • Law
  • ,
  • May
  • ,
  • Lot
  • ,
  • Pay
  • ,
  • Sue
  • ,
  • Win
  • ,
  • Back
  • ,
  • Copy
Bookmark and Share

Question

I live next door to a doctor's office who has many town violations as far as adequate parking, handicap accessibility, etc. There has been an ongoing dispute about this. He has many violations some of which have caused our quality of life to go down because of his business. My husband and I took pics of his parking lot, etc. all pics were taken from the outside and we sent a letter to the town regarding this. He rents the upstairs of his building to a pediatrician. This is where I bring my children. As a result of our letter and the town now coming down on him, he sent us a letter from an attorney stating that we are not allowed on his premise and that action will be taken if we do enter his premise. He has since had the pediatrician write us a letter to say that they can no longer treat our children and that we have 30 days to find another doctor. This is definitely retaliation and is he allowed to do this with no just reason? We had no problems with the pediatrician.

Submitted: 32 days and 15 hours ago.
Category: Legal
Value: $28
Status: CLOSED
+
Read More

Optional Information

State/Country relating to Question: New York

Already Tried:
just spoke to some other people to get advice. Sent letters to the town and town attorney.

Accepted Answer

If you filed a complaint that the building is in violation of the Americans with Disabilities Act (i.e., handicapped parking, accessability, etc.), then you would be protected from retaliation by the property owner, and you could sue under federal law.

 

If your complaint is informal, or you have made no complaint at all, then you can't claim retaliation under federal law.

 

You could sue for common law "interference with contract," on the theory that the property owner is using his right to control access to the property as a justification for inconveniening you and thereby terminating the contracdt between yourself and your pediatrician. But, this type of lawsuit requires that you pay all your attorney's fees -- win or lose -- which means that things could get VERY expensive, and you would not likely recover the amount necessary to pay your litigation costs.

 

So, perhaps it's better just to move on down the road, physician wise. Frankly, the pediatrician should be the person complaining, because its his business that's being interferred with. But, that's his choice, and there's nothing you can do about that.

 

Hope this helps.

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Picture
Expert: socrateaser
Pos. Feedback: 98.8 %
Accepts: 
Answered: 10/22/2009

Lawyer

Retired (mostly)

32 days and 14 hours ago.

Reply

I agree with you about moving on but we worry whether he will take this any further - we did not do anything wrong by taking pics from the outside (parking lot, etc.), correect? my husband worries if he decides to take things further (he is a police officer) I feel that we did not do anything wrong and he is just angry that we turned him in so this is his way at getting back at us. Also, he and the pediatrician have our medical records they can't do anything to jeopardize getting them, etc.?

Posted by socrateaser 32 days and 14 hours ago.

Answer

The medical records are actually the property of the physician, not the patient. You have a right to obtain a copy, and a physician would be engaging in malpractice by preventing you from obtaining the records -- which is more risk than any ordinary physician would accept. So, I wouldn't worry about the records -- I'd just go get a copy.

 

Re taking it further, all I can say is that if you are threatened, call the police. And, if you're threatened by the police, then call the FBI.

+
Read More

Related Legal Questions

  • where is a website i can ask specific questions and ...
  • Should a "Director" in the Veterans Affairs ...
  • Which parent is responible for emancipation, the ...
  • 10 yrs and now im told i am being evicted by the daughter
  • how can i find out if my boyfriend is married in mexico
  • Do I need to sumbit form I -693 with my ...
  • Describe the radical ideas of the founding fathers of the US...
  • my son was taken into care yesterday, and I want him back .....



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.