L. Maxwell Taylor’s Answers

L. Maxwell Taylor

Middlebury Litigation Lawyer.

Contributor Level 20
  1. My business partner passed away due to negligence by the hospital. Can I file a suit against them for how this impacted my life.

    Answered 11 months ago.

    1. Earl David Maxwell
    2. Thomas John Chapman
    3. Jeffrey Mark Adams
    4. Christopher Robert Dillingham II
    5. David Ian Schoen
    6. ···
    12 lawyer answers

    The link below contains the text of the Florida Wrongful Death Act, which provides that an action for wrongful death shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death. The Act states, in pertinent part, that "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support...

    11 lawyers agreed with this answer

  2. My sister contracted mersa in a hospital and is stated as such on her death certificate. The hospital is located bakersfield ca

    Answered over 1 year ago.

    1. David J Don
    2. David Vincent Hiden
    3. L. Maxwell Taylor
    4. James Otto Heiting
    5. David Ian Schoen
    6. ···
    12 lawyer answers

    The bare facts of MRSA acquired in a hospital, and death, do not lead automatically to an inference of malpractice. Hospital-acquired infections are a reality of hospitalizations. Much more information is necessary to evaluate the circumstance.

    11 lawyers agreed with this answer

  3. For a solo medical practice will incorporation provide asset protection over and above the protections of malpractice insurance?

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. L. Maxwell Taylor
    3. Bruce Allan Wilson
    4. Andy I Chen
    5. Jonathan H Levy
    6. ···
    7 lawyer answers

    Let me answer indirectly by observing that doctors treat patients, not corporations, and doctors are liable for breaches of the applicable standard of care that proximately cause damages to their patients. The determination of what business entity to utilize in a practice takes into account different factors than liability for malpractice. Surely the choice warrants an in-person consultation with a lawyer. Not legal advice as I don't practice law in California. It's just my two cents on...

    11 lawyers agreed with this answer

  4. Relating to Elder Law, how can we save some of our mother's money so that a nursing home or the state does not take it all?

    Answered almost 2 years ago.

    1. Brian C. Snell
    2. Joshua N Robbins
    3. Edward H Adamsky
    4. L. Maxwell Taylor
    5. Lawrence A Friedman
    6. ···
    9 lawyer answers

    This needs to be handled VERY carefully, since transfers of an elder's assets prior to going into a nursing home can cause a lengthy period of disqualification for medicaid benefits at precisely the time the elder needs those benefits. This calls for a consultation with a medicaid planning lawyer. Some kinds of assets can be transferred in a certain way (for example, when family home is transferred, but elder retains life estate in the home) so as to avoid the period of disqualification for...

    11 lawyers agreed with this answer

  5. Should i seek legal help. Was in a car accident and found not at fault. Now other drivers insurance is not accepting blame.

    Answered 11 months ago.

    1. Timothy George Kerrigan
    2. Robert F. Goings
    3. Philip Anthony Fabiano
    4. John L. Schroeder
    5. L. Maxwell Taylor
    6. ···
    6 lawyer answers

    Problem is, a driver who doesn't carry collision insurance on his or her car has to wait to recover from the driver who caused the accident, which may involve a trial, i.e., it could take years. Contact your insurer and find out what they can do for you. If you don't have collision coverage, you may need to hire local counsel in the state where the accident occurred to help you obtain an appropriate settlement. Not legal advice, just my two cents. Consult SC counsel to obtain legal...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. If you have a workers comp case and it has been accepted as work related can you also sue your employer for personal injury.

    Answered over 1 year ago.

    1. Gregory Scott Gennarelli
    2. Craig A. Post
    3. L. Maxwell Taylor
    4. Nance L Schick
    5. Jayson Lutzky
    6. ···
    7 lawyer answers

    Short answer is "no." A worker who is injured in the course and scope of his employment is entitled to worker's compensation benefits. As a general principle of law, those benefits are his EXCLUSIVE remedy with respect to his employer. The deal with worker's compensation is that all the employee has to prove is that he suffered injury in the course and scope of his employment. He no longer has to prove the employer's negligent breach of a duty, which injured workers had to do before the advent...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Is it wise to install a dashboard camera (dash cam) on my car for use in personal injury cases & traffic infractions?

    Answered over 1 year ago.

    1. Christopher Robert Dillingham II
    2. Eric J Trabin
    3. L. Maxwell Taylor
    4. Clifford M. Miller
    5. Tracey Lyn Sticco
    6. ···
    7 lawyer answers

    In my view, it cuts both ways. If the dash cam records everything, it can pick up both the driver's negligent acts or omissions as well as other drivers' negligent acts or omissions. My understanding from having watched the coverage of the Chelyabinsk meteor is that the practice of installing webcams in cars is widespread in Russia because of the prevalence there of fraudulent claims. If you are expecting to be slammed into by someone who does so intentionally so they can sue you, it's...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If you're caught under the influence of mushrooms, what is the worst that can happen?

    Answered 11 months ago.

    1. Vijay Dinakar
    2. Joshua Kaizuka
    3. Joseph Briscoe Dane
    4. Maltaise E Cini
    5. Rixon Charles Rafter III
    6. ···
    7 lawyer answers

    In case your friend wants to read the portions of the Health and Safety Code that include section 11550, below is a link to those sections. It seems to indicate the possibility of ninety days in the county jail for an initial conviction. Not legal advice, just general information. Consult California counsel to obtain legal advice. I practice in Vermont ONLY.

    10 lawyers agreed with this answer

  9. Seeking resolution in a complex malpractice and false imprisonment issue that will require exposure of a HIPAA violation.

    Answered 11 months ago.

    1. Christopher Robert Dillingham II
    2. Christian K. Lassen II
    3. Jason Todd Studinski
    4. L. Maxwell Taylor
    5. Lars A. Lundeen
    6. ···
    7 lawyer answers

    There is no private right of action for violating HIPAA. You have some notion that a crime or civilly actionable event occurred. It sounds like a mistake. Mistakes do not automatically constitute malpractice. The purpose of the law is to make persons whole who have suffered damages by reason of another's acts or omissions. If there are no damages, there is no case. Nothing you describe above appears to give rise to a legal claim. Not legal advice, just my two cents. I don't practice...

    10 lawyers agreed with this answer

  10. I am a plaintiff in a personal injury case. I have an attorney representing me on contingency basis.

    Answered over 1 year ago.

    1. Malosack Berjis
    2. Constantine D. Buzunis
    3. Joseph Jonathan Brophy
    4. Sean Michael Patrick
    5. L. Maxwell Taylor
    6. ···
    9 lawyer answers

    Most cases in the United States are subject to the so-called "American Rule," which is that each side bears its own attorney's fees. This is in contrast with the "English Rule," which is "loser pays." Some kinds of cases have attorney's fee provisions, which are usually set forth in a statute. For example, civil rights cases generally include an award of attorney's fees to the prevailing party. Sometimes contracts provide for who has to pay whose attorney's fees if the matter is...

    10 lawyers agreed with this answer