This question is Esq ONLY. Mr., Kansas medical malpractice
This question is for William B Esq ONLY.Mr. B, Kansas medical malpractice here again. Thought I'd catch you up on things, plus I have a few questions with which I'm hoping you can help me.Since I last wrote I've filed a couple of motions and filled out my Pretrial Questionnaire. I told you I thought I would appeal the denial of my request a screening panel be assembled, but decided you're right that it would be a very long shot, especially since the Rules of the Supreme Court plainly state I had very limited time to request a panel and not only is that time long past, but I, in my ignorance, asked the court to deny my earlier motion to assemble a panel. So I'm forgetting about that.Once my request for the screening panel was denied, I made a motion to be allowed to move ahead proving malpractice without expert testimony. The court told me it was too early to rule on that, that question would ripen later, or something like that.Then I did some more reading and made a motion asking the court to appoint an expert, but with my being responsible for paying him/her. Remember, my difficulty was I could not FIND an expert; couldn't even get one to answer my letters / emails of enquiry. I thought I made a good argument, noting that both Fed. R. Evid. 706(a) and D. Kan. Rule 26.4(a) provided for court appointed experts. I pointed out (I hope correctly) that D. Kan. Rule 26.4(a) was particularly significant since the federal courts follow state laws and procedures when a diversity suit calls a particular state's law into the federal court, that therefore the existence of D. Kan. Rule 26.4(a) was proof the feds believed its substance did not violate Kansas rules. One of the defense lawyers said he'd never heard of either of these federal rules and appreciated learning of them. All agreed nothing in KS rules prohibited the court appointment. But the judge ruled that since nothing in the KS rules specifically empowered him to appoint an expert he was not going to do it. Since the most basic function of the courts is to hear cases, not to dismiss them (I came across a case which included the quote, “the courts do not favor default judgments,” then went on to point out that hearing the facts was the first responsibility; now there was sound reasoning), I thought the dismissal was a chickenshit move, but one that certainly showed me the handwriting on the wall. Still, until at least one cow comes home…Also, in my preparation for my Pretrial Questionnaire, I came across a statute I wish I'd known about earlier, like when I was first filing my Petition. Turns out, Kansas holds pharmacists responsible for examining each patient's prescription profile before filling a new prescription; this, to assure no adverse interactions are known, the legacy drugs with the new ‘script. AND pharmacists are not protected by the no-vicarious-liability law with which KS shields MDs, DOs, APRNs, etc. BINGO! Now I can have two payable issues, perhaps with two insurers instead of only the one I now have! I point this out and make a motion to amend my (already-once-amended) Petition. Nope, the judge says it's too late. I kind of have to agree he's got a point: it's been more than three years now since the event and my only excuse is that I'm an ignoramus. So no-go there.So, as things now stand the defense has until August 12 to submit their Motions for Summary Judgments, and I have until September 2 to respond. The hearing is scheduled for 9/28.The judge then asked me if I had anything in place of expert testimony, viz., “learned treatises, articles on subject, etc.” I reminded him I'd tried to get fluticasone propionate's in-package warnings and instructions judicially noticed, ditto for the FDA's consumer info, but had been refused. Twice. I'd gotten the impression I could forget the “learned treatises” exception to the hearsay rules. Now I think I'd better write up a list of maybe a dozen or so and just amend my Pretrial Questionnaire to include those among my exhibits; what do you think?Also, assuming the court won't judicially notice these things, can I have them on hand at trial and use them to question defense witnesses? I've noticed what seems a special treatment given to exhibits, witnesses, etc. used in rebuttal. Is this maybe the way to work these things in?I've got other things I'll want to ask, but have to run now. Please start with this stuff.Thank you.
My girlfriend's best friend has filed a temporary disorderly
My girlfriend's best friend has filed a temporary disorderly conduct restraining order on me. I don't see her very often, nor do I even know where she lives. I work out of state for months at a time. Should I even waste my time fighting this?
I have filed a Chapter 13 and obtain a judgment approving
HiI have filed a Chapter 13 and obtain a judgment approving the plan. One of my creditors had sued me in the county court of Miami Dade. My bankruptcy lawyer filed a suggestion of bankruptcy in that court without representing me for other purpose. However I just checked and it shows that the case went on. A final judgment has not been issued yet. However the second trial hearing took place after the filing of the suggestion of bankruptcy I didn't participate as I believe that the action should be stayed.My question is : does the Judge have the power to continue the case even though my chapter 13 should stay Automatically all proceedings?My bankruptcy lawyer is on vacation and I would like a second opinion meanwhile.Thank you.
Thank you help. Someone wrote a bad check to me. She told me
Hello. Thank you for your help.Someone wrote a bad check to me. She told me it was paid and promised to furnish proof - but I never received the proof and it has been several months. The check was for 1800 and it needs to be paid.Where do I go from here?? Do I call the police?? How is something like this handled, please??Thank you again for your valuable time and patience.
I have a case where the judge is not writing orders from
Hi,I have a case where the judge is not writing orders from hearings.At the March 4th hearing the judge compelled discovery and asked the Defense lawyer to write the orders. The Defense lawyer wrote orders that did not accurately reflect what occurred at the hearing. I objected. No orders were written. Defendants responded to just about everything I asked for as,,, "unlikely to lead to admissible evidence" or "Work product doctrine" without explanation.........No court orders were issued.At the April 25th hearings, second motion to Compel Discovery. I again was granted almost everything I asked for from the court. The judge to me to write the orders, and send them to defense council to review. After 5 days of no response from defense council, I sent the orders to the judge, 5 days later the defense council responded with objections to my recollection of the orders and produced their own orders for the judges signature. Their orders are absurd.The Court has not written any orders from this hearing.I have called the court a few times and all I get is that the judge is reviewing this.We agree that the Court wants Depositions completed by June 17th.The court ordered that Defendants provide me with the business records I asked for prior to Depositions.The Defendants said their clients could be deposed on June 8th.I am in a position of performing depositions with no business records from the Defendants.My charges against the Defendants are Fraud, grand theft, mail fraud, RICO.The county civil court judge is about to retire.The defendants are prominent in the local community.Should I object to defenses version of the Orders that were in response to my version of the orders?Can I make the judge write orders?Should I spend $300 to get transcripts of the court reporter.Can I get the Judge changed?Can I get this transferred to Federal Court?
Esq ONLY: Hey, Mr. , KS pro se med mal again.
For William B Esq ONLY:Hey, Mr. B, KS pro se med mal again. I've made my motion for the court to assemble a malpractice screening panel, but have also kept my motion to forego expert testimony scheduled. Should I consider cancelling the forego expert hearing? I know the court will not grant it, cannot, really, and it's very unlikely to succeed on appeal (though it's obviously addressing a real defect in the courts, a fact beginning to come to light now with the recent focus on hospital deaths in the news).My main question is this: can I read from supportive materials at trial, things like FDA Guidelines, textbooks, drug packaging inserts, learned treatises?Michael McEachern
Ray, in a motion Summary Judgment where "material
Ray, in a motion for Partial Summary Judgment where "material facts" are so important, are the prior rulings of the Court in the action's early stages considered "material facts", so as "standing" and rulings to deny defendants' motion to dismiss? Or is material facts strictly the evidence contained in the four corners of the complaint, or presented from discovery? I'm presuming in laying a foundation where standing and the rulings of the Court to date should be relevant, that those are considered material facts, but this is a fine point on legal semantics I want to pin down as I list the various material facts in the Motion for Partial Summary Judgment.
My son had stolen from his place of employment, he signed a
My son had stolen from his place of employment, he signed a confession at the store before he was arrested. He's paid $1,499.00 restitution through the NV court system and now the store is demanding a little over $5k from a letter sent by their lawyers office. Does he still need to pay them?