Joseph H. Saunders's Answers

Medical malpractice

I don't think that you have the basis for a medical negligence or malpractice claim in Florida based upon the circumstances that you describe. In my opinion, as a lawyer who has tried medical malpractice cases in Florida such a case needs to have very clear failure of the doctor to meet a reasonable standard of medical care and substantial injuries and losses directly caused by the doctors failure.

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Do I need a personal injury or malpractice lawyer?

In Florida as in most other states a medical negligence or malpractice case is not viable unless there is a significant and permanent injury. As a result of so called "tort reform" protecting negligent doctors the time and expense of bringing a medical malpractice case is so high that injured patients have no remedy in smaler cases. This is terribly unfair. With respect to the facts you set forth it is not clear that the chiropractor did anything wrong. A poor outcome from treatment is not...

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What can I do about a lawyer not performing the service that he was paid for?

I am sorry to hear that you are having a problem with a Florida lawyer. I am a member of the Florida Bar and the Florida Bar has an Attorney Consumer Assistance Program that should be able to help you communicate with your lawyer and resolve the situation. The Consumer Assistance Hotline number is 866-352-0707 and the webpage is found at: http://www.floridabar.org/DIVCOM/PI/WebNodes.nsf/Nodes/2A18E429E69155BF85256FEF005FDA9C Many times clients of lawyers may feel powerless in a dispute...

My brother he was mis diagnosed in prison and dies from a currable disease. what kind of lawyer would take on this suit?

Your brother's children have a legal case against the prison doctor and the state that operates the prison for several possible legal causes of action. These are complex cases because they usually involve a medical malpractice case plus governmental immunity issues. Most states have provisons to protect the state from damage claims. These provision frequently require presuit notices to the state government or caps on damages recoverable. Most lawyers are not familiar with the governmental...

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In a wrongful death case how are the funds distributed in reagrds to survival and wrongful death?

The laws on wrongful death and survivorship claims vary from state to state so you need an opinion from a lawyer in the state where the accident causing the death occurred. You are correct that the Will, if there was one, does not necessarily control who can make the claim or how the settlement or funds from a verdict will be divided. In some states, only the Personal Representative of the Estate appointed by the Court can bring the lawsuit. However, that PR brings the claim for all of the...

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I hurt my back at work and my employer told me I had to go to the chiropractor, and not to contact workmans comp.

I think you did exactly the right thing by filing and reporting your workers comp claim. In most states if you do not provide notice that you had an injury on the job within a very short period of time you will not be able to make a comp claim. Employers will somtimes even deny that it occured on the job at a later time. Employers are also required to report the injury to the insurance company and it is unethical and sometimes illegal for them not to do so. With regard to the possibility...

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Can I file charges on a person for Slander.

I am so sorry to hear of your difficult and unfair family situation. A case for slander is a civil case that you could file in civil court. Filing charges usually refers to criminal charges being filed by the District Attorney or the States Attorney. An individual cannot file criminal charges against another person on their own.. Criminal charges can only be filed by the state law enforcement authorities. Slander is t not the type of case for which I have ever heard state law enforcement filing...

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How do i file a complaint of misconduct on a judge

Most states have the equivalent of a Judicial Qualifications Commission that investigates complaints about judges. I would suggest tryng to find this agency in your state. You could also contact the Chief Judge in the Circuit or District where your problem judge sits and ask for the local procedure for reporting judicial misconduct. If neither of those options get you anywhere you should call your state bar association that licenses lawyers and ask them how to file your complaint. I...

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Do i need a lawyer for defamation of character ?

I think you should consult a family law attorney to see if you can get some type of injunctive order in your custody case or divorce case. In my opinion, a civil lawsuit would only bring more attention to her statements against you which you don't want. Further, it is very difficult to collect money damages in a slander case against a private individual. Unfortunately, the law is not very good at giving you a good remedy.

Personal Injury Lawsuit: Code Violation Expert Witness Question

An expert witness can be hired at any time in a legal case. Usually, the sooner the expert is hired the better. However, in many states evidence law does not allow a code expert to testify that there was a code violation because that is the ultimate issue for a judge or jury to decide. The code is a written standard and the issue for the judge or jury is whether the facts presented violate that writtend code provision. A description of the condition of the premises can be presented by an...