Thomas Smith Howard’s Answers

Thomas Smith Howard

Hackensack Medical Malpractice Attorney.

Contributor Level 8
  1. We have a judgement on an accident that involves someone elses truck not ours can you help to resolve this case

    Answered over 3 years ago.

    1. Justin Lee Lawrence
    2. Thomas Smith Howard
    3. Lars A. Lundeen
    4. Nima Taradji
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered almost 3 years ago.

    1. Thomas Smith Howard
    1 lawyer 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...

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

    Answered over 3 years ago.

    1. Thomas Smith Howard
    2. Todd Nathan Hendrickson
    2 lawyer answers

    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...

  4. How long do you have to file in NJ for Medical Malpractice

    Answered over 3 years ago.

    1. Thomas Smith Howard
    2. Todd Nathan Hendrickson
    3. Michael J. Helfand
    3 lawyer answers

    The statute of limitations on personal injury claims against a private hospital is 2 years from the date of the occurrence for competent adults over the age of 18, but the discovery rule can extend the deadline until the injury could reasonably have been discovered and the continuous treatment doctrine can also extend the deadline. The rules are different for children and for incapacitated adults. In order for you to determine the deadline for your particular case, you will have to provide all...

  5. My husband was circumcised sept 28th and got a botched job

    Answered almost 4 years ago.

    1. Kevin Brian Faga
    2. Thomas Smith Howard
    3. Jeffrey Michael Donato
    4. Andrew Daniel Myers
    4 lawyer answers

    If you have not gone to a doctor yet, do so asap. An infection cannot be allowed to go untreated just because you cannot reach the treating doctor. As to whether your husband has a claim, will depend upon whether the surgery was performed properly or whether the problems that arose were risks of the procedure. An expert will have to review the medical records to make that determination. Another issue will be whether the treating doctor properly followed up. If not, and if that caused your...

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

    Answered over 3 years ago.

    1. David Hughes Harris
    2. Andrew Daniel Myers
    3. Thomas Smith Howard
    4. Stanley J Spero
    4 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Thomas Smith Howard
    1 lawyer 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.

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Thomas Smith Howard
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 3 years ago.

    1. Eric J Trabin
    2. David Hughes Harris
    3. Thomas Smith Howard
    3 lawyer answers

    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...

  10. Falsely accused of nursing home abuse.

    Answered over 3 years ago.

    1. Thomas Smith Howard
    2. Robert John Bello
    2 lawyer answers

    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.