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Guy Scott DiMartino's Answers
- 215 Legal Answers
- 2 Legal Guides
2
Attorney answers:
I received a judgment in one state, the defendant appealed it, but then dismissed his appeal and filed his own suit....
Your question does not provide sufficient information to provide a detailed answer. This information is being provided for educational purposes only. Your attorney appeared to be right in filing a motion for summary judgment based on res judicata. In Florida, the documentation supporting a MSJ should have been attached to the motion. You did not mention if your attorney did a memorandum of law in support of the motion. I am not in Miami-Dade courts that often so you will have to check...
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Attorney answers:
I am looking for a civil rights attorney for medical malpractise by two prisons. One of them is Statesville correctional
Incarcerated individuals have the ability to file two different causes of actions. Your header mentions medical malpractice and the body of your question points to a deliberate indifference claim. Medical malpractice is a state law claim. In Illinois a plaintiff has to obtain a certificate/affidavit of merit before filing this action. A medical malpractice action requires proof that the doctor deviated from the applicable standard of care and that the deviation caused injury. Your...
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3
Attorney answers:
Difference between court of law and court of equity
Years ago there were courts at equity and courts at law. In recent years and in most jurisdictions courts will hear both actions in equity and actions in law. An action at law is an action typically for money damages such as a tort (personal injury or medical malpractice action) or breach of contract action. An action in equity seeks a remedy when there is no available remedy at law. For instance, if money damages will not suffice. An example of an equitable action is specific performance...
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2
Attorney answers:
Can a mother sue a doctor for not performing the necessary test to determine whether or not the unborn child have birth defects?
The answer to your question is maybe. Edwards syndrome is a rare genetic defect where the child has an extra 18th chromosome. Many times the AFP test will come back with a finding suggestive of Edwards syndrome. At that time, additional testing can be performed to get a better idea. You can send me an email to get my consumer guide regarding Florida Malpractice or check my website at
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2
Attorney answers:
Do I have a medical malpractice case?
I believe the time limits to get into the Multidistrict Vioxx litigation has passed. You should contact a local attorney to determine if there may be a case against the physician who prescribed the medication. This information is being provided for educational purposes only.
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Attorney answers:
Florida law for depositions
Generally, an out of state defendant cannot be compelled to come to Florida for a deposition. This information is being provided for educational purposes only. Good luck.
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2
Attorney answers:
Can I sue my workplace for slander? What are the slander laws in Indiana? What kind of privacy do I have?
The information presented in your question does not provide enough information to determine if you can sue your employer for slander. As you know, slander are words that are falsely spoken that injure another's reputation. IC-34-15-(1-5) discusses slander. You can access this information at http://www.in.gov/legislative/ic/code/title34/ar15/. Based on what you said, it appears the alleged slanderous statements were by residents not a staff member of the facility. Other issues you need to...
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Attorney answers:
My mother acquired MRSA and VRE in her surgical wound. Do I have a case against the hospital? Also discharged without notifica
I do not believe that you have a private cause of action for your mom's transfer to a rehab unit without notification. Generally, secondary infection cases are difficult to prove. You would have to get the infection control records and determine if the hospital did not follow its own infection control polices and procedures. You didn't mention the injuries or damages that your mom received because of the infection. This information is being provided for educational purposes only.
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Attorney answers:
Due I have a case for a Credit slander lawsuit?
I'm having some difficulty following the factual scenario. The gist that I get is that a bank falsely reported debt to the credit reporting agencies and now it has destroyed your creditworthiness. If this is the case, I do not believe libel/slander is the appropriate cause of action. You may have a case for violation of the FDCPA/ fair debt collection practices act. Who is suing you for 101K that does not belong to you?
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Attorney answers:
Question about depositions? which side selects what?
Under Florida law any party can take the deposition of any person or corporate representative that may have knowledge regarding the facts of the case. A defendant may depose people who have negative information regarding their position to find out exactly what the person may say in trial. The same is true regarding a plaintiff.
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