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Robert Nance Nicholson
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Robert Nicholson’s Answers

26 total

  • Is there a way to switch Home Health providers when using Medicaid?

    My grandmother had a stroke in 2010. She requires 24 hour Home Health Aides. (she has live-ins). She is of sound mind, but has trouble walking and can not use her left arm at all. There's a lot of background information I can't fit in here.. so I'...

    Robert’s Answer

    I would recommend discussing your concerns with the doctor who ordered home health. The doctor should be able to refer you to a different home health agency.

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  • How to dispute a doctors bill?

    How do you defend against a doctor bill dispute? I know when you don't pay they send it to collections, but how do you dispute the bill if the doctor doesn't take you to court? There's got to be something in place to let people dispute their bills...

    Robert’s Answer

    This question would be better answered by one of the collections attorneys, but if you legitimately dispute that you own the money, you need to make that clear in response to any collection agency contact. You should respond in writing to the collection attempt specifically disputing the bill and keep a copy of the letter. You should also consult with an attorney who handles collection issues as they may send a letter the doctor and collection agency demanding proof of the debt.

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  • Do I sue the (flouter) pharmisist? The employer? Or both CVS Pharmacy & the pharmisist as a whole?

    At CVS pharmacy I was given a portion of my prescription by what they call a flouter pharmisist & when I went to pick up the remaining- #1 they had NO record I was given ANYTHING, #2 not only was the manager very rude about searching for any info,...

    Robert’s Answer

    Your description of the facts is unclear, but if you did not suffer any meaningful damage from the ordeal, there is not much point in trying to sue either CVS or the pharmacist. If you are concerned about their behavior and the possibility of a wrong medication being dispensed, you would probably better served by complaining to CVS management, or if you have concrete evidence that the wrong medication was dispensed, reporting the incident to the Board of Pharmacy.

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  • What questions could be considered illegal during a patient interview?

    Concerning ethics. Why are some questions illegal for a health care proffesional to ask?

    Robert’s Answer

    Your question is very vague and therefore difficult to answer. Generally speaking, a health care professional can ask most anything relevant to the treatment being requested or given. You need to be more specific with your question.

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  • Can my mom dispute a non-refundable retainer fee charged to her credit card? She was aware but not present when charged.

    I used my mom's credit card to pay a "non-refundable retainer" fee. She is aware I used her card. She was NOT aware it was non-refundable, she was not at the attorney's office when they charged it to her card, and I signed my name on the slip. ...

    Robert’s Answer

    The Florida Bar has strict rules concerning non-refundable or earned fees. Based upon your description, the attorney probably owes you a refund of at least the unused portion of the fee. You should try to work this out with the attorney, but if they refuse to be reasonable, you can refer the matter to the Florida Bar.

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  • What happens after a response is entered by the defendant, what does the court do?

    I am suing a person based on a breach of contract, that person has til this Friday to enter a written response. What will happen after response is entered, can his response be disconsidered by any chance?

    Robert’s Answer

    I the answer does not comply with the rules, it can be stricken, but otherwise the case will be at issue, and as the other answers noted, will be set for trial. The defendant may also file affirmative defenses which some jurisdictions require you answer. The defendant could also file a counterclaim against you, which would also have to be answered. You will also be able to begin discovery.

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  • What is the process for a pro se litigant to ask a judge to recuse him/herself in FL?

    is there a specific series of steps and what criteria should be cited in taking this step?

    Robert’s Answer

    A recusal is typically asked for my way of motion. A refusal to recuse by a judge can be appealed. There are very limited grounds where a request for recusal will be successful, and they generally involve the judge having a personal or business relationship with one of the parties, or a personal or financial stake in the outcome of the case. You should very carefully consider the likelihood of success before filing a motion to recuse and if you lose it tends to create a difficult relationship with the judge going forward.

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  • LITIGATION ATTORNEYS

    Can any litigation attorney prepare any civil case for trial?

    Robert’s Answer

    Although generally speaking, any attorney licensed in a state can present a civil case in court, you would generally be best served looking for a lawyer that regularly handles the particular type of case you have. There are attorneys that specialize in different types of law, and that specialization and experience can impact the outcome of the case.

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  • After a hearing in whih a Judge makes a ruling, can the Judge, without a motion from either party, set a re-hearing?

    In family court there was an exceptions hearing regarding the recommendations of the Magistrate. The Judge ruled that the magistrates recommendations be removed and a new hearing be held due to insufficient notice for the original hearing before t...

    Robert’s Answer

    The court can do that. Its called sua sponte.

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  • What is involved in the transfer of title for a medical marijuana dispensary in California

    I have been offered the opportunity to have a medical marijuana dispensary ownership transferred into my name. The current owners would like to retain hands on control but I would be the legal owner. I would basically be the day to day managemen...

    Robert’s Answer

    The situation you are describing raises several red flags in my mind. You are either the owner or you are not the true owner, in which case you would be what is referred to as a nominee owner. I don't know California law regarding these kinds of businesses, but I would not be surprised if the arrangement you are being asked to enter into would violate the law. You need to seek the advise of a California attorney that is familiar with these types of businesses.

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