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Kenneth L. Shigley
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Kenneth Shigley’s Answers

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  • Can i sue for malpractice?

    My grandpa is a severe drug user with liver disease. He uses drugs and his ammonia level skyrockets sending him into a confused and violent state. The hospital we took him too said he been there too many times for the same thing and that they wont...

    Kenneth’s Answer

    Other than emergency situations where a hospital is required to give emergency care and refusal to do so can result in liability, it is not likely that malpractice liability would not arise in this situation. You should be aware that medical malpractice claims are very difficult, expensive and risky for a lawyer, so most are reluctant to get involved unless there is a catastrophic injury or death directly caused by medical negligence. You do not appear to have that situation.

    Frankly, I would not want a family member to be at an institution that is so insensitive, so lacking in compassion, and so hostile toward him. I would look for another place for treatment.

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  • In Personal Injury case - is it normal for attorney to "bad mouth" plaintiff or defense to one of the uninvolved witnesses?

    During breaks during deposition, out of earshot of plaintiff & their attorney. Things like "Plaintiff is just trying to win the lottery. Their case has soured so they're taking it out on you." (It's just a normal deposition.) "You know how s...

    Kenneth’s Answer

    • Selected as best answer

    Trash talk of this sort is common among some cynical insurance defense lawyers, particularly those who work in-house for insurance companies. While not sanctionable, it is not highly professional. The best defense lawyers are polite, respectful, and effective without being nasty about it. One cure for this would be for the lawyer's boss to have a friendly coaching and counseling session, but I suspect that will never happen because it is the culture of the firm.

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  • What type of attorney does my fiancee need to represent him on the medical negligence matter at the detention facility

    I've contacted several civil rights attorneys, but I haven't had one that will represent him

    Kenneth’s Answer

    These are very difficult, expensive, high risk cases for attorneys to handle. They have to spend typically $50,000 to $100,000 of their own money advancing litigation expenses, California caps non-economic damages at $250,000 for medical malpractice, and the defense wins most of the time. So medical negligence cases involve a very high risk for the lawyer who may invest tremendous amounts of time and money and never see a dime of it come back. You need to find a lawyer in Southern California who is experienced in handling medical negligence cases against jails and prisons. Be prepared for the possibility that you will never find one willing to make a risky investment in your fiancee's case.

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  • What can I do if I feel like cps is harassing me ?

    First let me start off by saying I have been sick to my stomach for a month now because of acs . Long story short I left my daughters father and with out thinking he called acs he even tried to take t back but as we know you can't do that . I went...

    Kenneth’s Answer

    Child Protective Services in all states tends to be a byzantine bureaucracy that is alternately too lax or too intrusive. I don't know the details of your situation and I doubt that a caseworker does either. It is unlikely that you can find your way through this swamp alone. You should find a local lawyer who is experienced in dealing with that bureaucracy. If you can't afford one, go to Legal Aid. http://www.legal-aid.org/en/las/findus/locations/statenisland.aspx

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  • Do i have a case? Two clots were found one in my leg and one in my lung they sent me home to die. I now take blood thinners dail

    Last year in September i was admitted in Dekalb medical center. The doctors found a two inch mass in my pancreas . By me only being 23 at the time they didnt think it was cancerous .long story short the doctor ended up hitting a blood vessel in th...

    Kenneth’s Answer

    Medical malpractice cases are extremely complex and filled with trap doors for the unwary. There are many factual issues that are not clear in your description. Moreover, the risk and expense of litigating such cases is extreme. You should consult with an experienced medical malpractice lawyer in the Atlanta area.

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  • Do I have any legal recourse if a company has slandered my reputation after their own doctor told me to recover from injury?

    I injured my back at work and the company requested i see their doctor. This doctor wrote me off work for several days. that same day The company requested me to be at a meeting at our plant to discuss the injury . The following day... the occu...

    Kenneth’s Answer

    This sounds fairly typical of a lot of workers compensation "company doctors." I have encountered some who would tell a corpse to return to work with no disability. You need to immediately get to an experienced workers compensation lawyer in your area.

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  • Should my mother continue looking into a personal injury/malpractice suit?

    She developed severe sepsis due to kidney stones knowingly left untreated by her doctor - they failed to do anything other than tell her she had kidney stones and to drink cranberry juice. It turned out they were too large to pass at that point, a...

    Kenneth’s Answer

    Due to the high risk and high cost of medical malpractice cases, most experienced lawyers decline such cases unless there is a catastrophically disabling injury or death resulting from the malpractice. The out of pocket expense for the lawyer can easily reach $100,000 or more, so one has to be extremely selective. While kidney stones are more painful than childbirth -- and once while passing one i wished i would just die and get it over with --- if successfully treated one usually can go on as before except for modifying diet. If she did not have a disabling outcome, that is a good reason for any lawyer to respectfully decline the potential ease.

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  • I have kidney stones from dipping skoal,do i have a lawsuit

    Ive been dipping for 24 years,i have calcium oxalate kidney stones for 17 years,caused from tobacco plants.do i have a lawsuit

    Kenneth’s Answer

    Having had kidney stones myself intermittently for 30+ years, I really do feel your pain. But you brought this on yourself through a nasty, idiotic habit. If you had asked a doctor or done 10 minutes of research at any time in the past 17 years, and had followed sound advice, you would have stopped dipping rather than continuing to dip. Finally, as one of the other responses mentions, there are a lot of other things that can contribute to kidney stones, some of which are extremely popular in Alabama -- collards, iced tea, coffee, etc. I cannot imagine any lawyer worth his / her salt investing the time and money to prosecute this claim.

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  • I was in a car accident 12/12/2013 it was the other driver fault my hand was fracture and i also sprain my left toe.

    Until now i still feel lil bit of pain on my left hand i am going back to the doctors to have it check it out again. The insurance wanted to settle down for $3,400 2 day later i get another call there offer was now at $11,000 i told him NO is it t...

    Kenneth’s Answer

    1. Loose lips sink ships. Decline to speak with the adjuster again; let your lawyer talk for you.
    2. He who represents himself has a fool for a client; hire a competent, experienced lawyer immediately.
    3. Good lawyers generally do not advertise on TV or billboards. Do your research and ask knowledgeable people you trust to recommend a reputable personal injury lawyer in Las Vegas. Credential like national board certification as a trial lawyer, past presidency of the local or state bar association, etc., can be good indicators. See, e.g,, http://www.ggrmlawfirm.com/Firm-Profile/Attorneys.aspx
    4. Follow up with your doctors and your lawyer.
    5. Remember that pigs get fat but hogs get slaughtered. When you hire an experienced lawyer, take his or her advice about settlement valuation. Some hand fractures are worth a lot; others less so. Be firm but not greedy.

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