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David Ian Schoen
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David Schoen’s Answers

11,487 total


  • Can I sue for getting a mouth infection from getting a tooth extracted?

    I had the tooth pulled, a week later I was submitted in the hospital. I'm still here losing out on work and racking up a hefty hospital bill that I'm gonna have a hard time paying. When released might have to take more time off bc I can barely tal...

    David’s Answer

    The mere fact that you developed a raging infection, is probably not indicative of malpractice by itself. If the infection was present at the time the tooth was pulled and untreated or if you complained about the infection after the procedure and the dentist delayed in treating it, there may be a claim worth pursuing. COnsult with an experienced dental malpractice attorney in your state ASAP.

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  • My son lives in another state and is being neglected and maybe abused he is visiting me and doesnt want to go back

    my son is being neglected and denied proper medical care i share joint custody with father what can i do do i have to send him back or can i file something in my state to protect him

    David’s Answer

    You do not give many details, but if the child's welfare is endangered, it is definitely something that a court should entertain. You should consult with a VT attorney experienced in Family Law. If you cannot afford one, contact the court to find out how you can qualify for legal services.

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  • How do you calculate costs for medical malpractice?

    My question is who and how costs of a medical mal cases are considered in retainer agreement? Plantiff pays or at the end of case and after recovery reward attorney will reimbursement? Thank you

    David’s Answer

    This depends on the law in your state and the particular retainer the attorney uses. Most medical malpractice attorneys will advance the costs (disbursements) on behalf of their clients because their clients do not have the funds to do so. Prior to taking the case an attorney may have the client pay for records and other costs. Statutory costs are awarded after a judgment if you lose the case at trial or on motion.

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  • I had a tooth extracted and the tooth next to it was damaged, now he's fighting 2 professional opinions

    I had a tooth extracted because my crown broke off and was unable to put a new one on. I went to a general dentist to get a referral to a surgeon, he said he could pull it. It took 45 minutes to drill and scrape out. He did not proscribe an ant...

    David’s Answer

    It would be wise NOT to go back to the dentist that tried to pull the tooth. Have one of the second opinion doctors treat you moving forward and consult with an experienced dental malpractice attorney.

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  • Can I get sued too if my ex-husband is being sued?

    They can’t find my ex-husband so people are leaving court documents at my resident stating His client is claiming she was injured while he was a trainer at a big corporate gym. Person is suing him and the gym. At the time he worked ...

    David’s Answer

    Under the brief facts that you provided, it doesn't appear that there is any way that they can be successful suing you. Unless your name appears in the papers that were left, they are not trying to sue you. If your name does appear in the papers, you will need to speak to a lawyer who can take the necessary steps to get you off of them. The corporate entity should take care of everything else and it is unlikely that you will be involved.

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  • I would like to know if I have an Accident Lawsuit, and my attorney wants to proceed the lawsuit to court without making.....

    a settlement with the other party, am I permitted to enter the courtroom to watch the ENTIRE court proceeding??? My attorney told me that I CANNOT enter the courtroom. Please assist me in this regard. Thank you very much because I am a Senior Citi...

    David’s Answer

    You should be absolutely entitled to be in the courtroom during your trial. Maybe he is referring to some other court proceeding.

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  • AT DOCTORS EXAMINATION ROOM FELL OF STOOL THE ONE THAT HAS ROLLERS ON IT BECAUSE SHE HAD NO REGULAR CHAIR NOW HAVE FEMURAL

    NEURAPATHY ................. DISABLED WILL BE 2 YEARS NEXT MONTH SEPT15 ............HAD A LAWYER WHO IS NOT SENDING ANYTHING AND NOT ANSWERING MY PHONE.........NEED HELP ............USING MONEY TO GET THINGS DONE BECAUSE i AM DISA...

    David’s Answer

    I would suggest sending your attorney a letter with some type of proof of mailing confirming that he has failed to communicate with you and that you expect that he will be timely filing a claim on your behalf pursuant to any Retainer Agreement you have. Then you should immediately seek an experienced local medical malpractice attorney to consult with to determine if there is in fact a case worth bringing.

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  • Do I need a lawyer for a mal-practice injury sustained in 2013 with concurring complication?

    I Richard N Gibson, during an colonoscopy I sustained a hole stuck through my colon during the procedure, I was rushed to Lexington Medical Center for emergency surgery, not aware of the incident until 7:30pm from an 10 am appointment. However. I'...

    David’s Answer

    Yes, you need to have a consultation with an experienced medical malpractice attorney in your state. This is not something that you can explore on your own.

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  • Do I have a Malpractice or Wrongful death case?

    My daughter was born prematurely at 26 weeks. However she looked very healthy at the time of birth. I stayed with her everyday until my discharge. I asked the Dr's and Nurses every day how was her heath, I was always told that she was doing very w...

    David’s Answer

    The best way to determine if there is a viable claim here is to consult with an experienced medical malpractice attorney who practices where this incident took place. He/she can gather the records, evaluate the facts and see if the local laws make this a matter worth pursuing. It sounds like an uphill climb, but it should cost you nothing to find out.

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  • What is meant by "cause of action " ?

    An attorney told me I could file for cause of action in a suit I am involved in. What does that mean?

    David’s Answer

    • Selected as best answer

    A cause of action is merely the type of claim you are basing your lawsuit on. Some cases have one cause of action, some have many. For instance, in a products liability claim you may have several causes of action; one for negligence, one for breach of warranty and one under a theory of strict liability. This shouldn't overly concern you. If you have an experienced attorney, they will know what particular causes to allege on your behalf.

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