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Ryan M. Springer

Ryan Springer’s Answers

8 total

  • Permitting a drunk underage driver to drive

    what if you let someone drive drunk and they were unlicensed and uninsured and they hit and killed someone, what if they were a minor maybe 15 also you did not know they were a minor, and the vehicle was a 125cc motorcycle and the engine was not r...

    Ryan’s Answer

    There are a lot of "what ifs" in your question, and without more specifics, it is difficult to provide a specific answer. With that caveat in mind, you should be aware of a tort known as "negligent entrustment." Negligent entrustment is a civil cause of action that arises when one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality (perhaps the motorcycle in your description) and the entrusted party caused injury to a third party with that instrumentality. The cause of action most frequently arises where one person allows another to drive their automobile, but claims can be made for other types of vehicles or instrumentalities.

    Additionally, there can be both civil and criminal consequences for the same conduct. The entrustor may be held liable for injuries in civil proceedings, and may be required to pay monetary damages. The same actor may also be found guilty in criminal proceedings, which carry a separate set of consequences including fines and possibly incarceration.

    For questions about civil liability, you should first contact your vehicle insurance carrier. For questions about criminal culpability, you should contact a criminal defense attorney.

    DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.

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  • How long do you have to bring a malpractice lawsuit against a dr

    I had a plate and 4 screws in my neck in oct 2006. In Jan 2007 I took a nasty fall went back to the dr he told everything was fine and don't come back. For the next 4 years I have seen dr after dr just always to be told nothing was wrong Jan 2...

    Ryan’s Answer

    Time limits are generally governed by laws called "statutes of limitations." Each state specifies a different statute of limitations for different kinds of claims. In some states, claims for medical negligence must be brought within a year of the injury.

    Additionally, different circumstances cause the time period to begin running sooner or later than in other types of cases. As a general rule, these issues can be factually complex and legally complicated, and it is in your best interest to proceed without delay.

    Because of your specific circumstances, you should contact a Minnesota lawyer directly and speak with him or her about your case. That is the only way you can know for sure if you still have time to file a claim to protect your rights. Most medical malpractice attorneys offer free consultations, and can discuss your options with you. My advice is to find someone you feel comfortable with and contact them directly. Good luck!

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  • Stealing emails

    what can you do if you found out your ex wife was stealing your emails

    Ryan’s Answer

    I'm not quite sure what you mean by "stealing" emails. If you mean that she has been accessing your private emails without your permission, then you may be describing an invasion of privacy. Tort law generally recognizes four different types of invasion of privacy: intrusion upon seclusion; appropriation of name or picture (identity); placing the victim in a false light publicly; and private disclosure of private facts.

    The law generally equates electronic mail ("email") with letters and other forms of correspondence, which are legally protected against "eavesdropping" or other unauthorized access. Depending on what your ex-wife has or hasn't done with the emails, you may have a claim for any of these types of invasions of privacy.

    To have a successful tort claim, however, you need to prove not only that your privacy has been invaded, but that it has caused you some sort of harm. There is a violation of your right to seclusion and your right to privacy, which is in and of itself a harm, but one on which it is difficult to place an economic value. If your ex-wife is using the information from the emails to damage your family or business relationships, that can be another kind of harm. You should contact your state Bar association and ask for a referral to a lawyer that practices privacy rights law. Once you find a lawyer that practices in this area, you may want to contact him or her with the specific details in order to determine if you have a legitimate case.

    DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.

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  • Doctor killed my brother with methadone.precribed him this medication with no previous med records or and no medical reason

    hello im in mississippi the statute of limitattoions is not over to file this case yet and i have not retained a attorney.my brother went to a doctor and was given 150 10mg tablets of methadone for three months then he died of methadone overdose.h...

    Ryan’s Answer

    Analgesic drugs are commonly used to relieve pain. Some analgesics, such as aspirin and acetaminophen, are relatively mild and are available over the counter.

    Other analgesics, however, are powerful narcotics, and are available only with a prescription. Some common prescription analgesics include morphine and codeine, which are naturally occurring opiates; hydrocodone (Vicodin and Lortab) and oxycodone (OxyContin and Percocet), which are semi-synthetic opioids; and fully synthetic opioids, such as Fentanyl and Methadone. Under the close supervision of health care providers, these drugs can play an important part of a patient's pain management regimen.

    Unfortunately, these drugs can also cause serious side effects, from nausea and constipation to respiratory arrest and even death. Additionally, due to their narcotic nature, there is a high propensity for addiction and abuse. Over-prescribing these drugs, or improperly supervising a patient's pain management regimen, can cause serious personal injuries and give rise to medical malpractice claims.

    Sometimes, careless physicians can transition patients from one narcotic painkiller to another, with disastrous consequences. For instance, Methadone is metabolized very slowly, and has a half-life of 15-60 hours. Additionally, it is fat soluble, and can remain in your system longer than other drugs. Likewise, OxyContin, a popular brand of oxycodone, is formulated to be released over time (the name is an abbreviation of Oxycodone Continuous release). When a patient is taken off of a "slow" drug and transitioned to a fast acting, instant release version, overdose can easily occur. The results of overdose can include respiratory arrest, anoxic brain injuries, or even wrongful death.

    You should contact a medical malpractice attorney in your jurisdiction who is familiar with these types of drugs and the standards of care for prescription and patient supervision.

    DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.

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  • I am considering a lawsuit on the behalf of my daughter.

    My daughter was born nearly a month early with RDS. She was in the nicu at the hospital but it was not an advanced nicu. She was not sent to a higher level nicu till she needed to have a tube put in to help her breathe. She now has a speach delay,...

    Ryan’s Answer

    Respiratory distress syndrome (RDS) is a complication frequently encountered with premature infants. It generally occurs when the infant's lungs are not yet fully developed. Additionally, it is not uncommon for premature infants to experience developmental delays, including crawling late, low growth rates, or delays in speech development.

    In order to pursue a claim for health care malpractice, you have to show more than a bad outcome. You also have to be able to prove that the bad outcome was caused by a breach of professional standards of care. The challenge you will have in this case is showing that your daughter's speech delay and any other complications are due to negligence (i.e., a breach of the standard of care) and not due to her prematurity.

    You should collect your daughter's medical records, if you have not already done so, and contact a medical malpractice attorney in your state to ask them specific questions. Many malpractice lawyers will offer a free, no obligation consultation and help you decide whether your claim is worth pursuing or not.

    DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.

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  • I had total hip replacement surgery and now my leg with the new hip is 1 in. longer than the other leg. Is this malpractice?

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    Ryan’s Answer

    • Selected as best answer

    Leg length discrepancy following hip arthroplasty is relatively common. Usually, the discrepancy is 1 cm or less. A discrepancy of 1 inch is concerning. Before considering whether the outcome is a result of medical malpractice, you should make sure that you have completed your treatment, including making repeated reports of the discrepancy. The actual measure of discrepancy can be determined with diagnostic imaging studies that your treating physician can order. The goal is to determine "true" rather than "apparent" discrepancy. Sometimes, it may look or feel like the discrepancy is greater than it actually is, and the length achieved intraoperatively is within normal limits.

    Relatively minor discrepancies can be resolved through physical therapy, orthotic shoe inserts, or other conservative treatments. In these cases, litigation is probably not necessary since the discrepancy is a normal complication of the procedure, one that can occur even without negligence.

    If the discrepancy is more serious, it can adversely effect hip biomechanics, including femoral offset. Significant discrepancies can be a risk factor for nerve injury and are a relatively, and due to the severity, should be avoided. Doctors should always act reasonably to minimize any discrepancy. Discrepancies of greater than 1 cm generally should not occur, and in fact, these are the kinds of cases that generally proceed to litigation.

    You should make sure that you've had a thorough examination from your treating medical providers, including diagnostic imaging. This includes physical examination to determine true and apparent leg length, and radiographic evaluation to compare preoperative and postoperative length.

    If you have a true leg length discrepancy of greater than 1 cm, then you should contact a local attorney that practices medical malpractice law. He or she can likely work with medical experts to determine whether or not the discrepancy is the result of a breach of the standard of care. Only then can you know whether or not malpractice has occurred.

    DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.

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  • What will happen if a person's will says nothing goes to the children but there is a wrongful death case action.

    A man has a will that states nothing goes to the adult children and everything goes to the wife. The man dies after being in a coma for 6 weeks form a car accident and a wrongful death action if filed. The children and the wife agree to a 50/50 ...

    Ryan’s Answer

    Each state has different laws that address this issue, and you should contact an attorney licensed to practice in your specific jurisdiction for specific answers.

    In general, however, the answer will depend on whether your jurisdiction recognizes wrongful death claims as derivative or independent actions. As law professor Dan B. Dobbs has explained, "According to Latin maxim, personal actions die with the person. The common law followed that maxim, holding that the death of either the tortfeasor or the victim eliminated all tort claims. In particular...[i]f the tort victim died, his cause of action was at an end. His estate had no cause of action."

    In 1846, however, England enacted a law called "Lord Campbell's Act," which created a right to recover for the wrongful death of a relative. Many state constitutions and laws follow the principles of Lord Campbell's Act and create rights of wrongful death actions.

    Your answer depends on whether the jurisdiction recognizes the right of wrongful death as belonging to the estate of the decedent, which may be subject to the will, or whether the right of wrongful death is an independent right that belongs to legal heirs individually, regardless of the interests of the decedent. In most circumstances, the independent rights of the legal heirs would not be subject to the prescriptions of the will.

    As to whether or not a court will approve the agreement, it depends not only on the nature of the state's wrongful death action, but also upon the respective positions of the parties to the agreement. If all of the heirs agree and are willing to stipulate to a division of the wrongful death damage award, then a court is likely to approve the agreement. If there is a dispute, however, then the award will likely be impleaded with the court and the interested parties can make their respective arguments as to how the funds should be distributed.

    These issues are very legally and factually complex, and this response is intended to be general information only and not legal advice. My strongest advice would be to seek out a competent attorney in your state and get specific answers based on the unique circumstances presented.

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  • What is the time limit for filing a suit in ohio for medical negligence

    how long do you have to file. i developed a bed sore while in the hospital, and it became infected./ i did not even realize this until i was transferred to the nursing home. they said it was getting ready to burrow, and i underwent to sur4gerie...

    Ryan’s Answer

    "Time limits" are generally governed by laws called "statutes of limitations." Each state specifies a different statute of limitations for different kinds of claims. In some states, claims for medical negligence must be brought within a year of the injury.

    Additionally, different circumstances cause the time period to begin running sooner or later than in other types of cases. As a general rule, these issues can be factually complex and legally complicated, and it is in your best interest to proceed without delay.

    Because of your specific circumstances, you should contact an Ohio lawyer directly and speak with him or her about your case. That is the only way you can know for sure if you still have time to file a claim to protect your rights. Most medical malpractice attorneys offer free consultations, and can discuss your options with you. My advice is to find someone you feel comfortable with and contact them directly. Good luck!

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