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Elizabeth Taylor Herd
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Elizabeth Herd’s Answers

2,649 total


  • If you fall on a restaurant's property, are injured, does their insurance have to pay pain and suffering?

    I fell walking up a cement riser/curb that you use to enter restaurant. I broke my arm. Tried to give my personal info to manager. She said not necessary because not their fault. At that time, didn't know I broke my arm. Contacted owners and ...

    Elizabeth’s Answer

    . Whether the restaurant is responsible for damages depends on the condition that caused the fall. Is the condition an open and obvious one? If so, responsibility may rest with the injured party. Had you been to the restaurant before - where you aware of the curb? These are questions that have to be addressed in light of whether a jury would likely feel that the condition was one that could not be discovered with reasonable care on the part of the injured patron.

    The restaurant is offering to pay this specific amount of medical bills because they have medical payments coverage and can trigger that portion of benefits regardless of fault.

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  • My Mom fell in her apartment bathroom due to water leaking from the ceiling in her bathroom. This was due to a faulty roof and

    snow melting caused it to leak in many of the apartments. We filled out an accident report and went directly through the apt's insurance company to settle instead of getting an attorney. They are now coming close to closing this case and have ask...

    Elizabeth’s Answer

    There are so many factors that go into evaluating the reasonable settlement range for a case. There really is not enough information to give you anything more than a guess. We don't know your mother's age, her limitation on activities, ongoing pain, whether her injuries have impacted any job, etc. The right lawyer adds value to a case and will pay for herself. If there really is nothing that can be done and your mother ends up in a wheelchair that is a big deal. What are the insurance policy limits? Her claim could actually be in excess of what is available. Who was her surgeon? Why the leg length discrepancy? Can that be remedied with any future surgical procedure. There are many unanswered questions that a lawyer could address.

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  • Do I let my insurance pay for a Dr's visit if I plan on suing for the injury?

    Went to a concert at a club that had blatantly posted signs saying no moshing, crowd surfing, etc and that anyone doing that would be thrown out. It was a folk band so was not expecting this to be an issue but when the crowd starting getting out ...

    Elizabeth’s Answer

    Under the facts that you have shared, I would submit my medical bills to my health insurance. If you get a recovery you will be required to repay the insurer. I would contact a local attorney and follow his or her advice.

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  • Do I have a case on my hands????

    I went to Chicago;planned parent hood and had a abortion done at 16 weeks April 21st. I have been bleeding and blood clotting and cramping day 6 since the abortion. I was supposed to start my first day of work may 6th and I had to call off due to ...

    Elizabeth’s Answer

    It sounds as though you are on your way to recovery from the facts you have relayed. If this is the case, you would likely spend far more than could be recovered in any negligence action due primarily to the cost of medical experts. You need to make sure to complete all of your follow up care. When you do return to your normal state of health you can obtain your records and make a decision regarding potentially reporting any provider who did not complete your care.

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  • Do you have an example of a medical malpractice notification letter for Washington state?

    giving merit to claim and meeting requirements as rcw outlines since 2006 update

    Elizabeth’s Answer

    I would echo what Mr. Fabiano stated and add this: There is no such thing as an example of a form. Every single notification of alleged medical negligence should be specifically crafted after retaining a medical expert who identifies specifically what the substandard care is. This site is not designed to give you forms for making claims.

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  • Do we have a case for a medical malpractice attorney?

    Last year my wife had breast lift with silicone enhancements and the results were less than stellar. She developed complications, had open wounds and much scaring around the nipples and one was numb. Her implants never dropped and the doctor bla...

    Elizabeth’s Answer

    I think your wife should seek treatment and correction from a plastic surgeon who is qualified to address these issues. IF the damages can be corrected than your recoverable compensation is limited to the cost of this surgery. IF that is the case you would likely spend more on the litigation than could be recovered. If not, you may be able to find a local attorney who will pursue the claim. I know this is horrible, but I have to warn you that cosmetic cases are very difficult and often jurors are not sympathetic. It is my hope that this can be resolved with a corrective procedure, and perhaps you can report this practitioner to the Florida Board of Medicine - that is IF the treatment was below the standard of care.

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  • Can I sue planned parenthood for a false pregnancy test?

    After 2 months of missing a period i went to planned parenthood to get tested and they quickly came back with a false test and gave me the depo shot. A week later I had the worse "period" ever and it ended up being a miscarriage that the hospital ...

    Elizabeth’s Answer

    Sounds like a very tough proof issue with regard to whether the shot caused the miscarriage. In addition, false negatives do occur and it depends what instructions you were given and whether you consented to this risk. All in all, I believe you will have difficulty getting a lawyer to take and prosecute this claim. However, you can search for a local lawyer on this site.

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  • I HAD 2 BACK OPERATION IN LAST 8 MO I GOT MRSA ; THE FRIST OPERATION CASE CAUSE SPASIOM CASUSE CUT MY TOE ON THE CAST GOT MRSA

    LOT OF SUFFERING 40 DAY IN NURSING HOME 20 DAY HOSPITAL ; $400,000 IT COST MEDICARE

    Elizabeth’s Answer

    You should have been provided with discharge instructions and a follow up surgical visit. IF you did not go to these appointments and/or did not receive instructions and potentially therapy advice regarding the appropriate time for weight bearing activity you might have a claim, but if you failed to follow the appropriate advice that was offered that is another story. contact a local lawyer for specific advice.

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  • Who in this wide world can help me sue a medical group??????

    i've been wronged by a medical group and they must pay for what they did to me and my wife!!!!!!!!!!!!!!!!!!!!!!!!

    Elizabeth’s Answer

    Not much help can be offered when you only provide your conclusions. Look for a local lawyer on this site.

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  • Do any of the elements of medical malpractice exist in the following synopsis?

    Revision lumbar fusion. Advised surgery a "success"; worsening symptoms were attributed to prior residual nerve damage. Discharged from care resigned to accepting my current abhorrent quality of life. Advised to "drink red wine" for nerve...

    Elizabeth’s Answer

    Assuming all the facts you have recited are true, it IMHO is still a borderline issue in terms of any deviation from the standard of care. I say this because you may have residual nerve damage from the original condition as you have indicated. If your spine was not properly fused/fixed during the surgery - your damages would be limited to a second surgery to do so (if you can be properly fused). IF you have health insurance they will be compensated out of any potential recovery for what they pay for a second surgery. However, if you do have progressive dysfunction (gait, balance, weakness) and there is a delay for which it can be opined is the cause of significant damage you might have a claim, but you need to know what is going on now and you need a subsequent treater. My thought is that you should focus on you and what is best for your health and see a local lawyer when you can. BUT I am not convinced by these facts that you have the elements necessary to make and bring a successful claim that will net you compensation after the payment of your experts and lawyers.

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