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Stephen Laurence Hoffman
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Stephen Hoffman’s Answers

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  • Can a doctor be sued for malpractice especially if the patient it not aware the doctor did wrong until after 2 years has passed?

    For instance a doctor performed an Endometrial biopsy but cut the patient and left an opening...

    Stephen’s Answer

    Possibly. RUN to a medical malpractice attorney right away to find out if the "discovery" rule applies here, which would extend the statute of limitations from 2 to up to 4 years.

    BUT first remember that there must be actual malpractice (as stated by a medical expert), damages that would make such a costly case worthwhile, and a connection between the acts or omissions and the damages. Again, see a lawyer immediately to give yourself any chance of protecting any rights you may have.

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  • I have a workmans comp case that I have been fighting for 2 years. My attorney is not working for me. What can I do?

    Pre back condition due to a previous car accident. Injured back at work, same condition. Able to work after car accident. Once injured at work unable to work. Bad communication with attorney, doesn't follow up things. Just wants to settle for alm...

    Stephen’s Answer

    Honestly, while changing lawyers is always possible, it's far too late for that. Remember, no one else will take it this late if the current lawyer will receive most of the fee. Best thing to do is schedule a face to face meeting with your current lawyer and air your grievances but also LISTEN to why your case may not win at trial and why settlement might be the best and most realistic choice.

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  • Could I sue?

    I think I'm possibly pregnant I was wondering if I am if I could sue. So I saw an obgyn in highland park about 2 months ago he told me it would be nearly impossible for me to have a kid unless I went to an endocrinologist and got help based on my ...

    Stephen’s Answer

    This is not medical malpractice. Even if it was, the "damages" will not make for a sympathetic verdict from a jury.

    Revel in your pregnancy or do what you must, but don't blame the doctor for saying something was "nearly impossible.". It was, but it wasn't completely impossible.

    If you are absolutely not going to let this go, then take your records to a lawyer for review. I'd guess it'll be a similar analysis to mine.

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  • How can I file a civil claim against Cook County, Maywood Police department? How do I obtain an attorney to help represent this?

    I was pulled over illegally, arrested and incarcerated for 8 days unlawfully in Cook County Jail. My car was illegally seized and repossessed by the bank, the car was almost paid off. 2005 Infiniti G35x, with all my posessions in it. The police ...

    Stephen’s Answer

    1. Begin with a criminal lawyer, as the others have said.
    2. If the charges are dismissed, or you are not guilty, then proceed contacting a civil rights lawyer.

    These are difficult cases.

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  • I'm driving southbound down the street with the rite away and of a sudden this lady pulls out of a park hit me and hit's me .

    I ram her into another park car, her insurance company doesn't find her liable, where and how do I take her and her insurance company to small claims court

    Stephen’s Answer

    Honestly, if neither of you was injured, your BEST option is simply to put the property damage through your own carrier. Suing her in small claims will cost money and time and almost never results in a 100% liability. In other words, even if you win, you won't win completely.

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  • In Cook County, IL Municipal Court, What happens at a Case Management Call/Conference?

    I'm a Plaintiff in a case currently being held in municipal court (3rd district, Rolling Meadows). It's a fairly new case, and the most recent docket entry says "Case Set on Case Management Call", with an appearance date for the parties a couple ...

    Stephen’s Answer

    You, the Plaintiff, should be able to report on the status of service, the type of case, type of damages, status of discovery etc. for the first CMC, be able to explain what's going on and what needs to be done. Be brief. You'll have maybe a minute total before the judge

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  • Can I serve someone papers in the state of Illinois via signed package?

    I have permission from judge for my friend to serve a person i am sueing in the state of Illinois. Are they aloud to serve this person via package that is signed for by her?

    Stephen’s Answer

    I highly doubt this. Service usually requires that a paper or lawsuit be served personally upon the person named, served on someone 18 or over at the usual place of abode, or the like. Certified mail service is allowed in very rare circumstances, but doubtfully in this situation.

    From your question, it notes that you asked this in Chicago, but you say you are suing someone in Illinois. Presumably you and the defendant are both Illinois residents and the lawsuit is filed here, meaning Illinois rules of service apply. Unless I'm missing something and the judge entered an order specifying service "by special order of court," you have to serve by the rules that apply to all cases, no matter what the judge may have said (or you thought he told you).

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  • Sprained ankle injury

    So i work for a company we drive trucks we deliver foods to restaurants we also deliver to post office warehouse. Huge facility while I was unloading for the cafeteria at post office my truck was backed up perfectly fine to the dock my foot slippe...

    Stephen’s Answer

    You have a workers' compensation claim against your employer. Do this right away: make sure the company knows about this and you report it, get follow up treatment medically, and contact a lawyer who handles workers' comp.

    Suing the post office is likely a wildly futile exercise, so, while it may be legally possible under the Federal Tort Claims Act, or other statute, it is also likely to be pointless, costly, and any recovery will be offset by the workers' compensation lien. Suffice it to say, for a sprained ankle and foot, WC is your best bet.

    State law limits attorney's fees in WC to 20%, so you have nothing to lose and everything to gain.

    DO NOT give any recorded statement to your employer or their, WC carrier. Talk to a lawyer ASAP.

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  • Hospice failed to provide adequate education and treatment for my father which resulted in him passing away.can I sue?

    They were called and we pleaded for help with my dad. They showed up two hours after my dad passed.

    Stephen’s Answer

    Not necessarily. Take his records to a lawyer to review the matter.

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  • Hello I need an attorney for a serious injury that happened to my daughter while she was in preschool. Can you help?

    My daughter was stabbed in the face by another child with a pencil. The school covered it up by writing an incident report that said that my daughter stabbed her own self. I rushed her to the hospital (they did not call paramedics and she just ...

    Stephen’s Answer

    School cases are difficult, as they involve school immunity from most negligence suits, children as witnesses, and many other unique factors.

    Talk to a School law attorney to review the options.

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