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Thomas Smith Howard

Thomas Howard’s Answers

12 total


  • What is the legal right police officers have to tell people not to video tape their (the officers) actions in public?

    I see it all the time on TV. Police will enter an area and instruct a person video taping to shut off the camera. What legal right to they have and can that person keep taping?

    Thomas’s Answer

    The courts have not frequently addressed this issue, but the developing rule seems to be that unless you are in an area from which the public is excluded (such as on a highway taking pictures of an accident) or you are actually interfering with the police (such as standing in the way), you have the right to take pictures of what the police are doing and the police may not lawfully stop you.
    This answer is for informational purposes only. It is not offered as legal advice, and it should not be considered as such. Only a lawyer who has had a full opportunity to consider all of the pertinent facts can give you legal advice. You should consider consulting with a lawyer who practices in the area of law of your concern.

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  • My Father was prescrbed twice the amont of the blood thinner Warfrin does he have a case?

    he has been taking the medication for many years and the nurse and doctor made a mistake giving him twice the amount which he took for several days and put him in the hospital. he was close to death and his blood was so thin it was like there was ...

    Thomas’s Answer

    Mistakes by doctors or pharmacies in specifying the amounts of prescription drugs can be a basis for a medical malpractice claim. However, the determination of whether your father has a claim will in large part turn on whether he suffered a significant or permanent injury as a result of this error. The extent of the injury and the law of your state will determine the amount of compensation that can be recovered, and whether a competent malpractice attorney will be interested in taking your father's case. I suggest that you speak with a lawyer local to your father who has experience int his area.

    This answer is for informational purposes only. It is not offered as legal advice, and it should not be considered as such. Only a lawyer licensed in your jurisdiction who has had a full opportunity to consider all of the pertinent facts can give you legal advice. You should consider consulting with a lawyer in your jurisdiction who practices in the area of law of your concern.

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  • Falsely accused of nursing home abuse.

    I was a cna at a nusring home and the patient started hitting and fighting me. I grabbed her hand so I could more easily lay her back down to calm down, The ended up being a few scratch marks from my nails and a bruise on her wrist. I did not have...

    Thomas’s Answer

    Your question is more properly addressed to an employment lawyer rather than lawyers who generally represent the patient in nursing home abuse cases. You might try posting your question in the employment law section of Avvo.

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  • Can sexual misconduct by a doctor be used as the basis of a medical malpractice claim?

    While being treated for a medical condition, my doctor and I engaged in a sexual relationship, at his instigation. I ended the relationship when I discovered I was one of many. Attention to my case diminished after that. I changed doctors, havi...

    Thomas’s Answer

    You very well may have a case, which will turn on questions of Florida law. I agree with the the first attorney who responded to your question. You should consult with a local attorney who practices in this area as soon as possible.

    This answer is for informational purposes only. It is not offered as legal advice, and it should not be considered as such. Only a lawyer licensed in your jurisdiction who has had a full opportunity to consider all of the pertinent facts can give you legal advice. You should consider consulting with a lawyer in your jurisdiction who practices in the area of law of your concern.

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  • Is a doctor negligent if I refused an x-ray

    I recently went to a doctor with a bad leg he said he thought the leg was broke but he wanted an x-ray I refused because I couldn't aford one is he in any way negligent

    Thomas’s Answer

    No. Your refusal based upon an inability to pay cannot create a claim for malpractice.
    Please consider whether you could go to a hospital emergency room or qualify for Medicaid or for charity care.

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  • What kind of legal advice I should seek?

    I lend a person some cash money. Now he refuses to even recognize me. I don't have any written agreement. But, I have enough evidence in form of email and text messages that can prove that he owes me money. What can I do to file a complaint about ...

    Thomas’s Answer

    Your question involves specific issues of the law in North Carolina. Since I am not licensed in that state, I cannot offer legal advice about those issues. That being said, most courts have small claims parts that can deal with issues such as yours, and, depending upon the amount of money involved, you might qualify. I suggest that you contact your local court and ask. If the amount of money involved is more than the small claims court allows, you should consider hiring an attorney to advise you further and, if appropriate, to pursue a lawsuit.

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  • We have a judgement on an accident that involves someone elses truck not ours can you help to resolve this case

    there was a truck wreck from a contract trucker and we were sued because we loaded the truck. they ended up with a judegment against us and our lawyer says they had with drew at the time this was in 05 and we didn't know about it for a couple of y...

    Thomas’s Answer

    If the injured person obtained a judgment against you, he can enforce it for up to 10 years. However, I don't understand the part of your question where you write that they had "with drew it at the time". If you are saying that your lawyer failed to respond to the lawsuit, then you might have a claim against him, but at this point, you have not provided sufficient information. I suggest that you speak with your former lawyer and ask him to explain in detail how it is that the injured person was able to get a judgment against you. Then, you will be in a better position to decide whether your lawyer made a mistake, whether you misunderstood, or whether something else happened.

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  • I'm trying to find out do I have a civil rights due process and equal protection case

    Since November 16, 2009 through April 09,2010 code official/city planner Clifford M. Cross unlawfully denied providing us the services of signing the notice of proper zoning form, without giving us any explanation as to why and without justifiable...

    Thomas’s Answer

    The mere failure of a public servant to do his or her job is not generally a civil rights violation, although you may have a right under state law to compel him to act. In order to have a civil rights violation, you would need to be able to establish that the public servant discriminated against you because of your race, national origin, ethnicity, religion etc.

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  • Almost went into diabetic shock given wrong meds -- who is liable?

    Upon picking up my regular prescription (bupropion), I was informed by pharmacy that the pills are different because my doctor switched from SR to XL. Bottle was labeled: take 3 each morning. I became very ill...extremely tired,faint, stomach pa...

    Thomas’s Answer

    The doctor is responsible for writing the prescription and the pharmacist is responsible for complying with the doctor's order. Based upon the facts you have given, it seems that the doctor may not have known what prescription she was writing and/or personnel at the pharmacy may have substituted other medicine. The facts as described are insufficient to make a determination. In any event, even if there was a deviation from the standard of care, you also must have injury that makes pursuing a lawsuit worthwhile.

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  • Is it a FERPA violation if a university employee saves a document with private student data on a desktop at a computer lab?

    A document was saved on a desktop at a public student computer lab. Student ID and financial data were listed on the document. Is this a FERPA violation since the employee could have worked in his/her department and not at a student computer lab? ...

    Thomas’s Answer

    Yes it would violate FERPA but FERPA does not provide for a private right of action. If information as to which a person would have a reasonable expectation of privacy was displayed on a public computer, you or other students might have a civil rights cause of action for infringement of the right of privacy, but whether you or they have such a claim would depend upon how the computer came to be used and the injury that you or the other students might have suffered. We would need additional factual information to make that determination.

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