Steven J. Margolis's Answers

How does Medical Malpractice work?

In response to "How does Medical Malpractice work?" In Pennsylvania, prior to being able to bring suit for medical malpractice (MM), or within 60 days of filing the complaint, a Plaintiff, through counsel, needs to file a certificate of merit. This is a confirmation that a statement of merit has been obtained from a doctor in the same field as the target defendant. To pursue this matter, the attorney would need 1. A showing of negligence; 2. An injury; and 3) a causal connection between the...

Is bumping/nudging a car probable cause enough??

The answer is MAYBE. In Pennsylvania, that would certainly be enough for the police officer to inquire if everything is alright (No suspicion needed, whatsoever). If, upon contact he/she noted the odor of alcoholic beverage, saw glassy eyes, heard slurred speech, or encountered disorientation, that wold certainly be enough to request that a person perform a field sobriety test. A failure of a field sobriety test would give rise to the administration of a PBT (Preliminary Breath Test). If...

I am from MA and my Brother passed away in June from an accidential overdose of persciption meds, can I sue for wrongful death?

Your brother's estate may well have a case. In many, if not most states, a deceased person can not make a claim on their own behalf. First an estate would need to be raised. You stated that you don't know if there is a will; if there is, the executor of the will would raise the estate and act as the party in interest, although distribution would be as an asset of the estate. If there is no will, an administrator would be appointed and that person would act as a party in interest for the law...

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What is the statue of limitation in the state of NM for medical malpractice

I am not licensed in your state therefore, this is not legal advice. Research shows that under New Mexico Statutes Annotated 1978, § 41-5-13 Limitations "No claim for malpractice arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred except that a minor under the full age of six years shall have until...

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Can the bankruptcy trustee make us you "his" attorney in a personal injury case?

I am not licensed in your state, however, I do handle personal injury in Pennsylvania and New Jersey. In my home states, I have handled personal injury claims in which there was a bankruptcy of the Plaintiff. In these cases, the law suit is an 'asset of the bankruptcy' and the trustee becomes the client. In those cases, it is necessary to have the trustee 'approve' the personal injury attorney to the bankruptcy judge, and if not approved, the trustee can petition the court to appoint...

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Is it slander or not if person A says something untrue about person B which casues B to be mistreated by company C who then ?

I am not licensed in Florida, but in general Florida law requires 4 elements in proving slander. To recover for libel or slander under Florida law, a plaintiff must demonstrate that: 1.) the defendant published a false statement; 2.) about the plaintiff; 3.) to a third party; and 4.) the party suffered damages as a result of the publication. Valencia v. Citibank International, 728 So.2d 330 (Fla.3d D.C.A.1999); Buckner v. Lower Florida Keys Hosp. Dist., 403 So.2d 1025, 1027 (Fla.3d D.C.A.1981)....

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I would like suggestions in medical portion of my claim

Any medical advice should come from a doctor who is qualified to give such advice. I assume, however you are inquiring if your medical benefits from your auto would be responsible to pay for treatment of the pulled tendon in your rotator cuff, then the answer would most likely be be yes. While the statutes of every state are different regarding 1st Party Medical Benefits, most will pay all injuries arising out of the use of an auto. This includes injuries that are not immediately apparent....