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Recent Negligence questions

I've been with my doctors office for about a year now. I

Hello,I've been with my doctors office for about a year now. I completed blood work with them January of 2016. I have since went a tried to review my blood work, but unfortunately could not sit and wait any longer for it had already been 50 minutes since my scheduled appointment and needed to return to work. I spoke with with Physicians Assistant and since my blood work was negative, she cleared me to continue receiving prescriptions. The last two times I've gotten a very common prescription renewed, they have denied it until my Physicians Assistant tells them it's okay. Because they are not noting in their system that I am cleared to get prescriptions, I have to wait. I will get sick if I wait. The PA is not in this week and therefore am unable to receive my prescription. The worst part, the office will not call me to even let me know my request has been denied. No one has told me to schedule a new appointment, they won't even give me the courtesy to let me know one way or the other. When I call them, they tell me "you haven't been in to review bloodwork". I explain the situation, but this time as I said, the PA is out. What are my options? Is this legal?

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Patrick, Esq.

Doctoral Degree

18,564 satisfied customers
I have a few questions, its a lawsuit towards me, its my ex

I have a few questionsJA: In what state did the injury take place? And do you have medical records or other documentation?Customer: its a lawsuit towards meJA: Has anything been filed? If so, what?Customer: its my ex girlfriend. She is trying to sue me for transmitting an STIJA: Anything else you want the lawyer to know before I connect you?Customer: if both parties are negligent, meaning she did not ask/use protection.. can she still sue ?

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richanne96

Attorney

Doctoral Degree

552 satisfied customers
We had a personal injury trial in Colorado just concluded.

we had a personal injury trial in Colorado just concluded. about 3 years ago we were so concerned over how much our lawyer was spending on the case we increased his cut by 10% to 50%. We told him the 10% was to help cover his costs. We told him that on many occasions. Now that the trial is over and we took a settlement we come to find out, cost come out first before the percentage split. When we asked our lawyer to go back to 40% he refused. We are now waiting for a hearing in pro-bate court before the settlement can be issued, should we demand we get 60% or we will pressure malpractice against him or wait til we get our 50% check and then take legal action?

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richanne96

Attorney

Doctoral Degree

552 satisfied customers
I dated a ER doctor and he had an outbreak of herpes the

Hi, I dated a ER doctor and he had an outbreak of herpes the same time that I got sick with flu like symptoms that lasted for almost 2 weeks then i went to a med express and had lab work and mine came back positive for HSV! and his lab work two weeks prior came back negative but if he would have had his sores swabbed instead of lab drawn , his would have came back positive and he stated that he didn't want it to come back positive so that he can prove he had a negative result initially. I had testing done prior to him and was negative for everything and he admitted that he gave it to me . My question is can I sue him even though he didn't know at the time that he gave it to me that he had it? Shouldn't he have known that he was at risk and should have been testedwhen his last 3 partners were married to men that cheated on them with multiple women? I just feel that being an MD he should have known that his risky behaviors should have lead him to believe that there was a chance that he could have had something. He told me he didn't have anything and now I am stuck with herpes for life and it has mentally made me a mess.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WVJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I was just wanting to know if I should contact a lawyer . I actually made an appt and did not know if I should go through with it

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TJ, Esq.

Juris Doctor (JD)

11,262 satisfied customers
I am an RN & fell at work 9/2015, a little over a year ago.

Hello,I am an RN & fell at work 9/2015, a little over a year ago. I have 3 herniated disks to my lumbar spine. One of them is a 4mm herniation which is operable. I haven't had any operations. I have been doing physical therapy from home since day 1 & have had some Accupuncture. I am on workers comp with AIG and live in California. I have been seeing a pain specialist MD regularly who prescribes me medications and orders my ongoing therapies and treatments. I have pain everyday but because I am the primary breadwinner in my family I have not been missing work, ever. I can't keep up this rat race that workers comp requires and am interested in closing my injury case and requesting a settlement. Should I contact AIG and ask them what they would offer me as a settlement (both with and without future medical)? Or would it be better if I got a personal injury attorney involved first? What is an injury like this worth? AIG have been denying things lately. My doctor asked for a back brace and also an MRI of my neck since I continue to have neck pain and it has not been addressed. They denied both requests although my pain doctor put in another request for both.

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richanne96

Attorney

Doctoral Degree

552 satisfied customers
My daughter is 15. When she was 14 I had to leave her with a

My daughter is 15. When she was 14 I had to leave her with a "babysitter" who is also my landlord, while I went to my place of employment. While my daughter was staying at the babysitters house, her son and his friend who were both 16-17 gave alcohol and marijuana to my daughter. The son's friend took advantage of her and was convicted of csc on a minor. He now has a felony.I found out what happened when I read her diary. It all happened while the babysitter and her husband were actually in the same house. In fact, the husband caught his son's friend in my daughters room and simply told him to stay out. Later that day she was given marijuana again. I had no idea of this incident until I read the diary.The babysitter does have money and has paid off mortgages on two houses. I had to quit my job for awhile to take care of my daughter's emotional turmoil. This put me financially behind on y rent and now they are harassing me about that even after everything that happened while my daughter was in their care.Can I sue these people for damages? How much could I sue for? Thank you?

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Ely

Counselor at Law

Juris Doctor

66,216 satisfied customers
I would like to bring a negligence claim against my son's

I would like to bring a negligence claim against my son's doctors. He suffered a tear to his penile region after the doctor tried to pull his circumcision ring off him and it it had grown into his skin. They also prescribed Prevacid which is not fda approved for babies under a year old I just found this out today. Both of my twins had complications and allergic reactions to this medicine. Such as there balls swelling to over golf ball size. Extreme vomiting and diarrhea. Both had severe congestion and made it harder for them to breathe. They had been into the er and had weekly appointments where I had voiced concern over the way they always sounded congested and had been appearing to choke and at separate occasions had turned blue. The doctors never tested or looked for anything . Guessed at gurd. Turns out they had tracheomalaysia. So never needed to be on the medicine prevacid.

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TJ, Esq.

Juris Doctor (JD)

11,262 satisfied customers
Not sure 5k characters can describe this issue. Litigation

Not sure 5k characters can describe this issue. Litigation 2+ yrs in home purchase in IL. 4 defendants. Amt: $200k. Act. Compensatory to repair damage to home: ~$30k. Claim against seller: fraud, concealment, breech of contract. Claim against house inspector, appraiser, realtor: breech of contract, negligence. Seller attorney filed complaint that our attorney had conflict of interest in case after 1 day of deposition with us/plaintiffs. Court fired our attorney granting conflict of interest motion. We appealed. We lost appeal. I/we are now pro se. I settled with 2 defendants (realtor and appraiser) for $20k pro se. Remaining is seller and house inspector. I offered each remaining def. to settle for $5k ea. WHI attorney said ‘see you in court' and hung up on me. Seller attorney said seller would claim bankrupt and case was worthless, drop it. Called seller attorney 2nd time some weeks later. He informed me that he had filed a frivolous filing counter suit against us for $5.3k with the appeals court for our appeal not to fire our attorney. He would settle by dropping the counter claim. I responded to the appeals court pro se. Appeals court denied his counter claim. Fraud judgment cannot be included in bankruptcy. That was a lie to me by the attorney. Seller does not plan bankruptcy. Seller has plans to sue/settle with realtor for undisclosed amt. We know this because realtor attorney told us at settlement conf. of seller's plan with the realtor to settle with them after we conclude our dispute with seller. We believe case against seller is strong enough to get a fraud judgment. Seller's attorney is trying every Hail Mary tactic to win without straight-forward innocence defense. We believe that realtor attorney's disclosure of seller future plans opens that plan to discovery process. Desire: To settle this dispute without hiring another attorney. Concern 1: Attorney's will not notify their clients of our offer and just refuse it outright. Concern 2: Seller attorney will try another sneak attack to damage our case if we disclose what we know of seller plans with realtor after our dispute is resolved. Concern 3: Seller attorney will motion to dismiss if we don't do something soon. At issue: How to proceed. Attorneys we talk to so far want more money than this case is now worth given all the insurance covered def. are no longer in the case, or just say no because of same reason 'cost over value'. Pro Se we have a lot of risks due to ignorance. We aren't rich. Questions: Is it wise to disclose what we know of seller's future plans (& how we know) to seller's attorney in an attempt to settle? Do we have an ARDC complaint action against seller attorney for lying of his client's intention, and filing a frivolous counter claim against us knowing we were pro se at that time? What's a fair price to pay for an attorney to review evidence and give us opinion of likelihood of summary judgment, then quote the price of filing for a summary judgement? Our evidence is contract with breeches clearly defined and photographic of damage caused by and concealed by seller after signing the contract to sell.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

110,922 satisfied customers
Facts 1. The polluter caused damage from a product dumped on

Facts1. The polluter caused damage from a product dumped on my land in 20092. The polluter started site restoration in 2013 not following the Rules agreed upon between thepolluter and the Florida Department of Environmental Protection in the final order.3. By cause of the improper clean up the property retained contamination above legal limits forresidential areas moreover the contamination migrated to other areas of the property.4. I am out of my statute of limitations on the first tort damage for 2009 however the 2013 damageis new.5. I served a new Amended Notice of Claim alleging on going violations I have filed my complainttimely.6. I have a signed copy of service for the amended Notice of Claim to Defendants.7. The Defendant attorney claims his client only received the first Notice however I personaltyserved his client the Amended Notice of Claim twice and the front deck signed the receipt ofservice for both moreover it is filed in the record.8. The Judge ruled I was out of my statute of limitations on the 2009 tort, negligence, Frauddamage that was Noticed on 2012 moreover the Judge ruled the 2012 Notice of Claim was the lastNotice served to the Defendant.9. This is un-true as the record reflects I amended the 2012 Notice in 2014 to include on goingand new tort damage resulting from the improper site restoration10. I filed for a rehearing and await an answer from the Judge.Question: What is the best way to attack this situation?

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Asad Rahman

Attorney

J.D.

3,886 satisfied customers
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