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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,064 total

  • Is there anything I can do?

    On Tuesday 4/14/15, my daughter had an accident on a school field trip (not the schools fault). She fell and broke her front tooth and had a pretty severe lump and hole in her lip. We immediately took her to the dentist and they repaired her tooth...

    L. Maxwell’s Answer

    Only that malpractice which causes serious, long-lasting or permanent harm is worth litigating. If there has been no serious, long-lasting harm, don't even consider bringing a malpractice claim.

    Errors of judgment do not necessarily amount to malpractice. For example, an ultrasound examination of the child's lip to determine whether it contained a fragment of broken tooth may have been exactly what the circumstance called for--and the determination that no tooth was within the lip tissue may have been a legitimate conclusion based on the results of the examination, even though it turned out to be incorrect. Doctors are not required to make perfect, correct diagnoses on every occasion. If they were, no one would practice medicine nor would insurers underwrite medical practice. Doctors have plenty of room to be wrong without running afoul of the standard of care.

    A professional judgment is within the standard of care if the average practitioner in the field--in this case, emergency medicine--would or could have made a similar judgment on the basis of the same information. Only those judgments or acts or omissions that fall short of the standard of care can be the basis for actionable malpractice, and then IF AND ONLY IF they are the cause of serious harm.

    You describe no serious harm here; that is the BEST RESULT, a result far better than any financial award based on a malpractice settlement or verdict. The purpose of the law of malpractice is to make persons harmed by the professional negligence of others whole. Money can't really do that, although we pretend it can.

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  • IRS have issued me a letter that I owe $5000.00, can I find a lawyer to plead on my behalf for this?

    I am seeking a lawyer to plead my case with the IRS claim.

    L. Maxwell’s Answer

    They can't solicit you here for ethical reasons. You have to identify some lawyers who handle these kinds of claims, and contact them privately. But remember, you are going to have to pay the lawyer who handles the matter--most lawyers don't work for free--and the lawyer's fee may rival the amount the IRS is trying to collect from you after the lawyer puts in the time the case requires.

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  • Can i sue my employer for utinating in front of me (and the whole staff) literally 2 steps away from working area?

    My employer, not drunk not on drugs was mad the staff including myself. We did not pick up some boxes from the ground. So next time he walked in he unbotton his pants and peed all over the boxes. Is there any legal action to be taken here? Im ...

    L. Maxwell’s Answer

    Sue him? For disgusting you?

    Do yourself a favor: Go get another job where you do not have to put up with this sort of boorishness. It is not a matter for the courts. Every day an at-will employee decides to trade his or her labor for the wages employer pays. Some jobs are just not worth it. Perhaps this is such a job.

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  • Sallie Mae released my first marriage information to my daughter without my auth. Is this legal?

    I applied to co sign a school loan for my daughter. Sallie Mae linked this current app to a loan I had over 20 years ago, which has been paid for over 10 yrs to the new application. I was married before, and my children of my current marriage kn...

    L. Maxwell’s Answer

    The fact that you were previously married is a matter of public record, and anyone who wants to find out if you were married before can do a public records search and learn this information. So a claim based upon the "public disclosure of private facts" cannot succeed.

    When you co-signed for your daughter's student loan, your credit history became relevant to the transaction involving her, and some of that credit history is in your prior name. I know of no general principle of law that restrains the lender from linking your current co-signing to the prior credit history, which appears to be your history with the lender. It just appears that you didn't anticipate that your concealed past would come up as a result of your co-signing a student loan for your daughter. As William Faulkner wrote, "The past is never dead. It's not even past."

    Not legal advice, just my two cents. If you need legal advice, please consult a New York lawyer in person to obtain legal advice tailored to your specific circumstance. I practice in Vermont ONLY.

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  • I want to know if a lawyer can help me?

    I moved from Boston to Florida and I used a car mover to move my cars. The cars did not get to me the same way they left and the guy is trying to claim that his insurance will not cover damages some to my car. The drivers said they went through ha...

    L. Maxwell’s Answer

    In order to know whether a lawyer can help you, a lawyer must review the agreement you signed with the car movers. The lawyer will likely charge you a fee to do this.

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  • I was bullied and intimidated at work by my manager ten days ago h.r. has not taken this serious as step two grievance is filed

    i have three or more witnesses. Manager got back from vacation today. I did not feel safe going to work as I would be subject to same environment as nothing has been done for a resolution. Do I need to file a civil suit for missed work and a restr...

    L. Maxwell’s Answer

    The term "step two grievance" makes me think that you're a member of a union operating under the terms of a collective bargaining agreement here. If that's the case, direct questions about your rights to your shop steward or other union representative. Generally speaking, where the terms and conditions of employment are subject to the terms of a collective bargaining agreement, the individual employee doesn't have the right to go to court; disagreements about whether something management did violated the collective bargaining agreement are governed by the grievance and arbitration provisions of that agreement, and a member of the bargaining unit who attempts to sue employer in court is very likely to have his case dismissed.

    Not legal advice, just general information. These are comments made in a public forum. Consult Vermont counsel in person to obtain legal advice tailored to your specific circumstance.

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  • Does legally separated but not divorced in one state mean divorced or unmarried to another state?

    My friend and her husband were legally separated in Fl . She moved to NC. He stayed in Fl. A neighbor in NC suggested that she was considered unmarried. Can there be different definitions in different states. They were never divorced in FL nor any...

    L. Maxwell’s Answer

    Parties who have legally married remain so until legally divorced or until one spouse dies.

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  • Can a creditor legally sue if the time to reply offered by their collection agency has not expired?

    I received a summons over an unpaid debt, but an old letter from the collection agency they hired said I had until May 15, 2015 to reply to them. Can the creditor still sue? Or would these two be unrelated?

    L. Maxwell’s Answer

    Unrelated. If you have breached a legal obligation to repay money you owe, I know of no general principle that prevents the creditor from seeking to enforce your legal obligation by filing suit against you. Consult legal counsel to review whether you have any defenses to enforcement of the debt against you.

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  • Paying quarterly taxes for llc with no profit

    I opened a home bakery on January but have made no sales yet. Do I need to pay estimated quarterly taxes on what I think my total sales will be for the year in order to avoid penalty when I file taxes next year? Or can I skip the payments for the ...

    L. Maxwell’s Answer

    The best answer I can give you is, how can you know what kind of profit you are going to make at the outset of this venture? At the end of the day, do you expect to clear enough profit that you will owe the Vt. Department of Taxes more than $500?

    LLCs are pass-throughs for tax purposes, and assuming yours is a one-member LLC, the entity is disregarded for tax purposes, it's just a schedule C business, it's you as an individual. Next year when you do your return, if you owe more than $500 in taxes, you will be assessed penalties for underpayment. The Vermont Department of Taxes states on its website as follows:

    Individual Income -- Interest and Penalty Charges

    Failure to make estimated tax payments:
    --Applies to returns with $500 or more tax due at filing
    --Charges based on tax divided by four with subtraction of 1/4 of withholding or other credits
    --Interest at established rate assessed monthly from the estimated payment due dates to date of payment
    --Penalty of 1% per month, up to a maximum of 25% of underpayment amount

    There is more information at that website. You should have a look (see link below) The less you expect to make, the less tax you will owe, and the less tax you owe, the smaller any underpayment penalty will be, if there is an underpayment penalty at all.

    Hope this helps. Not legal advice, just general information. Consult a lawyer in person for legal advice tailored to your specific circumstance.

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  • Are hospitals or dr responsible for infections that show up a month or so after surgery

    Had broken leg that was put back together with pins and screws, after having problems with one of the pins it was removed and 4 to 5 weeks later have a bacteria infection in the area the pin was removed more surgery antibiotics for 6 to 8 weeks an...

    L. Maxwell’s Answer

    It's not so simple. The reality is that everyone expects a perfect result, because we live in the age of modern medicine with sterile techniques, antibiotics, and amazing technologies. But it has never been the case that perfect results invariably follow from these conditions. As a general principle, physicians are liable for malpractice where it can be proved that they have rendered treatment which falls below the applicable standard of care, and where it can be proved that that deficient treatment proximately caused the patient harm. Unfortunately, there are plenty of circumstances where less-than-perfect results ensue after treatment wholly within the standard of care. If doctors were strictly liable for a patient's complications after surgery, no doctors would be willing to operate on patients and no insurers would be willing to underwrite surgical practices.

    In the circumstance you describe I expect causation would be well nigh impossible to prove. Generally speaking in medical malpractice cases what the standard of care is, what the breach was, how it caused the harm, and what the specific harm was that would not otherwise have been suffered but for the breach, must be proved by expert physician testimony. As a rule such testimony is very expensive, insofar as expert physicians charge multiple hundreds of dollars per hour to review medical records, sit for deposition, and present testimony to the trier of fact.

    But you can hire a lawyer to review the medical records and see what he or she thinks about whether you have a viable claim.

    Not legal advice as I don't practice law in Pennsylvania. It's just my two cents. Consult Pennsylvania counsel to obtain legal advice tailored to your specific circumstance. I practice in Vermont ONLY.

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