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Bruce L. Mulkey
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Bruce Mulkey’s Answers

7 total

  • Can I sue a underinsured driver?

    I was in a motorcycle accident as a passenger on the vehicle. The driver was at fault, he hit the rear brake to hard, which was the cause of the wreck. I just got word today that he only had 25,000 dollars coverage for bodily injury. My medical bi...

    Bruce’s Answer

    Unless the driver had sufficient assets to satisfy a judgment exceeding his insurance limits and yours without rendering him or her eligible for bankruptcy...then probably not.
    You need to be very careful and make certain that you do not attempt to resolve your claim against the driver (or his or her insurance carrier) without stepping through the hoops enacted by our state legislature for proceeding with a claim against your own company for the underinsured coverage. I would strongly encourage you to hire an experienced attorney to handle this. Feel free to give me a call as I don't charge for talking with folks regarding this kind of stuff and my practice is state wide.

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  • Can I sue the hospital? & if so what would be the name of the wrong doing?

    My son recently was taken by ambulance to a hospital then transferred to another hospital by care flight. The 2nd hospital said the 1st hospital did my sons intubation too high as well as his IV & that my son had blood in his belly bc of the tube...

    Bruce’s Answer

    A cause of action for medical malpractice would exist if the first hospital's health care providers were negligent (acted beneath the standard of care) and that negligence resulted in harm your son. Based upon what you were told that may be the case. However, medical malpractice is complex and cost prohibitive such that most firms will not even accept a case for review unless the harm is extensive or catastrophic. Feel free to give me a call. I don't charge folks for talking to them about such cases. -bruce

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  • Can I make a claim for compensation

    I was in hospital going to have 4teeth taken out under general anaesthetic I am alrgic to penicillin and had it on my notes and a wrist band and told the man who was knocking me out I was when I came around I was informed that he forgot and put pe...

    Bruce’s Answer

    (Yes...there is an England, Arkansas... and a Paris and a London and a Stuttgart.) Given that the medical provider should have been aware of your allergy (and obviously was) then it most likely was beneath the standard of care to administer the penicillin. (Only another healthcare provider with knowledge can say for sure.) However, unless you suffered serious injury as a result of the negligence then it is doubtful that the harm would be significant enough justify the expense of a lawsuit...unfortunately.

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  • Used tissues found in my shopping bag...

    I went to a local shopping center this morning, and when I got home, I started unloading my items. I noticed used tissues were down in the bottom of the sack with my merchandise. I had bought food items, toiletries (tooth brushes and make-up), e...

    Bruce’s Answer

    Aside from contacting the store manager and complaining, I doubt very much you can do anything about it. I would have put everything back into the bag, washed my hands and returned it to the store. It would only be actionable in a legal sense if you could prove that you contracted some desease directly from your exposure to the tissue...in other "lawyer" words, you suffered damages; some employee at the store had the specific desease; that the tissues ended up in your bag either intentionally or negligently; and, the intentional or negligent conduct could be imputed to the store (that the store was responsible for it being there). This would be very difficult to do. I hope you did not become ill.

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  • "Utilizing rule 8.4 and 8.3 to entice litigation" (Arkansas)

    When the defendant’s attorney became aware the plaintiff’s attorney clearly violated rule 8.4, he then used that information to instigate a counter claim. (asking his client to pay him monthly to author it) His client then had a change of heart af...

    Bruce’s Answer

    Violation of a rule of professional conduct may get the guilty attorney in trouble with the bar but does not ordinarily give rise to a cause of action. Thus your question is unclear with respect to how the defendant's attorney "used that information to instigate a counter claim." An attorney has a professional obligation to pursue a case with zeal and his or her obligations within the case...like moving for summary judgment, if one is called for, should not turn on payment. However, it sounds like the client has not paid for work already performed and thus the attorney should seek to withdraw as counsel. If testimony "disputes the original claim" then a fact issue may exist as to that claim and if so, there will be no summary judgment. As far as you are concerned, until you are served you are not a party and obviously no judgment can be obtained against you.

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  • Personal injury damage

    i was refused medical treatment and medication i was in residential care facility there contract requires them to provide me medicine and medical care .i made 3 request with out a response i suffered a heart attack now i have permant heart damag...

    Bruce’s Answer

    You need to take the contract you are referencing, along with the relevant medical records and bills, to an attorney licensed in your state. I would find one that handles nursing home abuse or medical malpractice cases. (At least take your story and the contract.) Much may depend on the type of "residential care" facility you are referring to.

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  • Wrongful death settlement payment?

    recently won wrongful death settlement. received first of two checks. attorney said we must wait 90 days before we do anything with the winnings. i have not heard of this 90 waiting period before. is this standard?

    Bruce’s Answer

    No, it is not standard. Under Arkansas law proceeds from a wrongful death settlement do not become an asset of the decedent's estate and pass directly to the statutory beneficiaries. There is usually no reason to delay distribution. Sounds strange to me.

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