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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,124 total


  • Can I sue my dr for prescribing me opioids

    I was addicted to pain meds, I was on a medicine called Suboxone which helps you stay away from pain meds. I was in a accident, small fender bender, I then was kept on Suboxone and put on my drug of choice oxycodone for 4 years, I would go see...

    L. Maxwell’s Answer

    Physicians are in a no-win situation vis-à-vis opioids for relief of pain. If they prescribe them, the patients dance with the risk of addiction. If they fail to prescribe them, they incur the patients' wrath for failing to relieve pain. Advice seekers call me, furious because their doctors cut them off from opioids, or dropped them for drug seeking, wanting to sue the doctor. Others are furious or want to sue because the doctor isn't adequately addressing their pain. It's a tough line to walk. Remember that even if there was malpractice which proximately caused you harm, a jury still has to buy your story, and even then will reduce the damages they award by the percentage of comparative responsibility that you yourself bear for your predicament.

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  • Is there a Tallahasse ( or close by) attorney who trolls Avvo for cases interested in a possibly easy real estate case?

    House inherited by 2. Both ready to sale and presently have 2 potentially eager buyers. Sale pending bbecause one won't sign sales cotract without representation because wants to fairly settle contents/vehicles before closure and justly has reason...

    L. Maxwell’s Answer

    The way to find appropriate counsel is by identifying likely candidates using the find-a-lawyer tab, or by contacting your state or local bar associatiin's lawyer referral service, and contacting lawyers privately. Lawyers cannot initiate contact with you, for ethical reasons; you must contact them first. Consider asking Avvo to take down your post.

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  • Is it true you have to be out of work for a year before you can even apply for disability

    Have only been able to work part time for years. My knees are getting to the point where I don't think I can work much longer every thing the medication etc is not helping much. I was told I had to be out of work for one year before I could apply ...

    L. Maxwell’s Answer

    The links below will provide answers to general questions about eligibility for SSDI and working while on SSDI. Hope this helps!

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  • I wish to sue a medical group for dropping our Dr.

    my wife has the need at all times of a Doc!! We were left to fend on our own. This group spends money in our area building hospitals!! They want to push people around as fast as they can!! Make the money the" Hell" with the people!!!!! They must p...

    L. Maxwell’s Answer

    Patients do not have the right to require medical business entities to associate with particular physicians.

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  • Hi, I'm in California with a negligence cause of action / product liability. DO I have a DUTY to DISCLOSE SS# in DISCOVERY?

    Hi, I'm in California with a negligence cause of action / product liability arising out of food poisoning and the defense has served some written discovery, specifically asking for my SS# and WANT to know - if I have DUTY to DISCLOSE It because it...

    L. Maxwell’s Answer

    The general rule respecting discovery is that discovery requests must be reasonably calculated to lead to the discovery of admissible evidence, even if the information directly sought is not itself admissible. of course, parties may not seek information protected by privilege (except for privileges implicitly waived, such as doctor-patient privilege in a personal injury case). A great deal may be discovered about an individual by knowing their Social Security number, including prior addresses, civil judgments, criminal convictions, professional licenses, automobile registrations, and so forth. Social Security Numbers are routinely requested and provided in discovery. Many jurisdictions have rules requiring parties to redact Social Security numbers in anything filed with the court that is thereby made into a public record. Discovery, however, is not filed with the court.

    Not legal advice as I don't practice law in California. Consult California counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Can store mgr ask me about my personal texts and conversations?

    I work for a corporate drug store in VT. Store mgr called me to the office to ask me with whom I text, topic of our texts and conversations, if our discussions ever are about work/people at work, etc. This questioning lasted half an hour w/o my ...

    L. Maxwell’s Answer

    Your question is, can your employer ASK you about your conversations outside of work? Sure. There is no law that prohibits employer from ASKING you about your conversations outside of work.

    The more interesting question is what action, if any, may legally be taken against an at-will employee of a private employer for lawful activity (texting, discussing people or work) outside of the work environment. Some states, such as California, have statutes (such as California Labor Code § 98.6) that prohibit employer from discharging or otherwise discriminating against an employee for lawful conduct occurring during working hours outside of employer's premises.

    But Vermont has no statute like that. The general rule is that an employer may discipline or discharge its at-will employee for any reason or no reason at all, unlawful discrimination or retaliation excepted. Nor does Vermont have a law protecting employees from garden-variety bullying by management or co-workers.

    Of course, if the subject of the off-premises conversations pertained to organizing for better working conditions, etc., and then discipline or discharge follows employer's inquiries, such actions may violate federal labor law. But you do not report any such facts; you merely ask whether employer may ASK. And the answer to that question is YES.

    Not legal advice, just general information. Consult Vermont counsel in person if you need legal advice.

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  • Was fired from my job of almost 8 years for falsifying a document which was my paycheck stub and I didn't know it was a policy,

    when I contacted the person who made the decision to fire me he was very rude to me and left me feeling like I didn't even matter to the company I worked hard for the past 8 years. I was awarded unemployment because I didn't know I broke a policy,...

    L. Maxwell’s Answer

    You tell us a story, but you haven't asked a question. Generally speaking, where private employment is held at will, meaning there's no contract and no employee handbook that everyone treats as a contract committing employer to a course of progressive discipline, employers may fire employees for any legal reason or no reason at all. Most reasons for terminating an at-will employee are legal, including terminating an employee for violating a policy that the employee didn't even know about. Not fair, but not illegal. So nothing in your post makes me suspect employer fired you for an illegal reason, like unlawful discrimination or unlawful retaliation.

    Consult Florida counsel to get a more nuanced analysis. This isn't legal advice, it's just my two cents. I don't practice law in Florida or hold Florida licensure. I practice in Vermont ONLY.

    Good luck with your job search.

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  • If I remake a song, using the same melody as the original, but completely changing the words, can I sell it legally?

    I am doing a remake of "What a Wonderful World" by Louis Armstrong. The name is being changed and most of the lyrics are different. The only thing I'm copying is the chord structure and the melody. Do I need to get a mechanical license to distribu...

    L. Maxwell’s Answer

    It's a derivative work, which means a plain old mechanical license won't do. You need permission from the copyright owner to publish and distribute the derivative work.

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