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Michael W. Clancy

Michael Clancy’s Answers

64 total


  • Can an arbritator make an award decision that would exceed all liability coverage?

    I was involved in an auto accident in Chgo. IL due to the accident there is/was personal & damages liabilities.. I have concurred severe chronic pain and alot of other health/mental injuries. Over the past 13 years since the auto accident to pr...

    Michael’s Answer

    Although yes is the right answer, I'm not sure that this gives you the right impression. While the arbitrator's job is to award you damages which fairly and adequately compensates you for your injuries regardless of the coverage, this doesn't mean that you will actually be able to collect more than the available coverage. The only circumstance under which this might be possible is if you could prove bad faith on the part of the involved insurer, and it is not clear at all that you have the right to make such a claim against the UM/UIM carrier in Illinois even if there is bad faith. In the end, this means that while the arbitrator can award whatever he or she wants, in almost every case your actual recovery will be limited to amount of the coverage. I'm sorry I don't have better news.

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  • Should I consult a attorney? My 4 month old was taken to the ER by my wife when she noticed a large bump in his abdomen.

    It was suggested she take him to the childrens hospital and have imaging done. The first nurse we saw suggested that it appeared to be an infant hernia. We had asked if it was possible to have some imaging done. A number of medical practitioners...

    Michael’s Answer

    I concur with Mr. Girards-- the best thing to do is to see how your son does. Hopefully all will be well and his recovery will be complete. The problem is that there are certain expenses which have to be incurred in a med mal case regardless of the size of the damages, and those expenses would likely equal or exceed the size of your son's potential case assuming a full recovery. If his recovery isn't complete, see a lawyer right away to make sure that you don't run afoul of the Washington statute of limitations.

    I wish you and your son the best of luck.

    Michael W. Clancy
    www.clancylaw.com

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  • Can I sue on behalf of my mother who was not cared for properly in a nursing home?

    Mom died 2 months ago. However, while in a nursing home, she did not received adaquate care. This has been established by NYS Dept. of Health & I have that paperwork. I was her POA & am her executrix Can I sue on her behalf?

    Michael’s Answer

    Almost certainly, assuming that you can get the expert support which your case will need to be successful. I urge you to contact a lawyer in your area who does nursing home cases and speak with him or her right away. If you are having trouble finding someone you like, let me know and I would be happy to give you some names. Don't wait-- there are time periods which apply.

    I'm sorry for your loss and I wish you the best of luck.

    Michael W. Clancy
    www.clancylaw.com

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  • I would like to know if staff is responsible for my sisters death.

    My Sister was a resident at the Plaza apt.'s in San Francisco. A place for people with health and behavioral problems with a (supposedly) supportive staff to help them improve their health, mental and financial well being. On Fri. 3/27/10 my siste...

    Michael’s Answer

    The short answer is maybe. The only way that you will know for sure is to contact a lawyer who does medical negligence/nursing and extended care home liability and discuss the facts of the case with them. They will likely gather your sister's records and show them to an expert to see what the expert says about the care that was delivered. I urge you not to wait-- speak with someone who practices in this area of the law right away, before records are harder to find and memories grow dim.

    I'm sorry for your loss and I wish you the best of luck

    Michael W. Clancy
    www.clancylaw.com

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  • How long does it take to settle the medical,loss of wages, and pain and suffering portion of a car accident

    how long does it take to settle a medical claim from a car accident once the treatment for injury has been completed, and also can you sue for losing your job as a result of the accident as well as lost wages,

    Michael’s Answer

    Unfortunately, there is no set time period. Settlements require everyone to agree on the value of a claim, and people don't always agree. You can sue for lost wages if the loss is related to the injury which you sustained in the accident. I'm sorry to sound like a broken record, but you need to speak with a personal injury lawyer and get some advice about how to proceed-- this is too important to mess up.

    Best of luck.

    Michael W. Clancy
    www.clancylaw.com

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  • Do I need an attorney, and if so, what type?

    I have breast implants that came with a lifetime warrantee. My left implant has fully deflated. I am having no luck on findiing my surgeon (he could of retired) and the company who makes the implants have been purchased by another company. For the...

    Michael’s Answer

    My colleague above has given you good advice. Another place that you might look is the American Medical Association's physician finder: https://extapps.ama-assn.org/doctorfinder/recaptcha.do. This is another resource which should help you find your doctor. I wish you the best of luck.

    Michael W. Clancy

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  • Should i file a lawsuit for Malpractice?

    I found out i was pregnant, went in for first ultrasound, Doctor told me i was pregnant with no baby..Gave me miscarriage pills for the sac or whatever.Got on birthcontrol..I was really sick for a month and a half, new something wasnt right, went ...

    Michael’s Answer

    I'm sorry to hear that you're going through such stress at a time when you certainly don't need it. My colleague is right-- your priority now is to take care of your health and the health of your child. If you can switch to another OB/GYN practice, I would-- if you stay with the same practice, the worry is that one doctor at the practice may try to spin the records to cover his partner's mistake. A med mal lawyer wouldn't be able to give you any useful advice about your potential claims until your baby is born and everyone has some idea about what damages, if any, there might be. Plan to speak with a lawyer after the baby is born and just take care of yourself for now.

    Best of luck.

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  • What if someone have a third party case in work related injury.

    My friend works at o'hare at terminal 5. he was injured in the bag room where he works but the company responsible for the bag room is not his employer. He didnt get a chance to take pics of the damaged property because it was fixed in minutes by ...

    Michael’s Answer

    The reason that you're getting answers that seem a little contradictory is because it's hard to tell from the facts you've given us whether you friend has just a worker's compensation case or a comp case and direct action against a third party. The time frames for a comp case and a third party case are different, as are the amounts that your friend can expect to receive if he wins. The best thing for your friend to do is to speak with an experienced personal injury attorney right away. This shouldn't cost anything and will allow the attorney to gather the necessary facts to give your friend solid advice on what to do and what his options are before proceeding. Because your friend didn't get photos, I urge him to contact a lawyer right away-- the quicker he moves, the more likely that the evidence will be able to be preserved. Best of luck

    Michael W. Clancy
    www.clancylaw.com

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  • Eye surgery gone wrong, can I get reimbursement for costs?

    I had ptosis (eye lift) surgery on my left eye due to congenital reasons. The outcome was not favorable, in addition to my droopy eyelid, I now have abundant tissue on top of my lid. Although I don't want to sue, can I get reimbursement for Dr. ...

    Michael’s Answer

    I'm sorry to hear that your surgery didn't go well. Mr. Hoffman is right-- it is really rare for a physician to voluntarily pay for the kinds of things that you would like to be paid back for without suit. I will say that if it is a plastic surgeon who did your surgery, the chances of a negotiated settlement are a little higher than with other specialties, but it's still unlikely. In addition to your records from the doc who did the surgery, you'll need the records of any other doctor who you saw after the surgery in an effort to fix the problem. Remember that any potential claim you have is yours-- just because you consult a lawyer doesn't mean that you're required to file suit. Talk to someone who is experienced and get a sense for the process and their input on your particular case before you decide whether to go forward or not.

    Best of luck.

    Michael W. Clancy
    www.clancylaw.com

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  • Do I need an attorney for mediation on a nieghbor dispute?

    My husband and I moved into our new condo two years ago. These are brand new townhomes that are attached in clusters of four buildings at a time, and share a drive area with one other set of clustered condos. We have experienced escalating neighb...

    Michael’s Answer

    The short answer to your question is probably. While these kinds of disputes can certainly be settled without lawyers, your description of what has and is going on leads me to suspect that you won't get a resolution, and won't be able to enforce a resolution if you were to get one, without an attorney's involvement. Sometimes local bar associations can refer you to etiher a lawyer or a mediation service-- you might start there.

    I wish you the best of luck.

    Michael W. Clancy
    www.clancylaw.com

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