James J D Campbell's Answers

I was accused of having a restraining order against someone at a restaurant and asked to leave. But no order exists. Slander??

To make a case of defamation, you need an untrue statement that is communicated to third persons that causes harm to your reputation. In this case, you write that the untrue statement was that you had a restraining order against another (the manager). This was communicated to the manager and your boyfriend. As a result, you were asked to leave the restaurant. I am certain that this was a very distressing situation. You were enjoying a nice evening, and this was ruined. But,...

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MISTAKE MADE DURING SURGERY

It sounds like you suffered an injury to your bowel during a gynecological surgery. This is a common situation. It can be difficult to prove that injury to bowel was a result of malpractice, as opposed to a known risk of the procedure. If the condition is fixed quickly, often with another surgery, and the patient does not develop a significant infection, then, as a practical matter, there is no case. So, the more critical issue is whether the doctor quickly recognized this injury and took...

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To Whom should be the claim of medical liability/responsibility ?

There are a couple of issues here. First, you may have what is called medical expense coverage as part of your homeowner's policy (often called "medpay"). If you do, then this is no fault coverage, and it will pay for your friend's medical bills (up to the limit of the insurance) regardless of whether you are at fault. Second, your homeowner's coverage also has liability coverage. You should notify your insurance carrier of this accident. They will investigate it, and if they determine that...

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Medical Malpractice Ganado AZ - Doctor told me that I did not need an MRI, that I did not have cancer,but I am dying of cancer.

I am so sorry that you did not get the care you deserved. Your description sure sounds like malpractice. Doctors have a responsibility to order appropriate follow-up tests to diagnose cancer. Also, on a more basic level, doctors need to listen to their patients and take their concerns seriouly. Lawyers call this breach of the standard of care. Also, it is very likely the cancer spread during these 10 months, which worsened your chances for cure significantly. You should consult an...

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Can we sue a Dr. for false accusations of muchauser bi proxy?

Based on these facts, there likely is no claim. Doctors have a legal and ethical duty to report what they believe is potential child abuse. The law and juries give doctors very wide discretion to make just this kind of report because protection of children is an important public policy.

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I recently found out that a highly respected hospital was responsible for 2 of my 4 surgeries, due lack of proper procedures.

You have certainly had a difficult road. You should see an attorney with experience in medical malpractice cases in the Phoenix area. He will find out more about your situation, and then possibly order your records to be reviewed by a general surgeon. If that surgeon believes your care was substandard and caused your problems, then you would have a viable case. You commented your current surgeon stated the past surgeon was negligent. I hear that kind of statement often. Unfortunately,...

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Who can i sue?

Please be aware that you appear to be critical of the emergency room physicians for not diagnosing your problem. There are a couple potential problems with this. First, in Arizona, the burden of proof against an emergency room physician is clear and convincing. That means that the jury will be instructed that proof of negligence and causation must be clear and convincing. This makes already difficult malpractice cases even more so. Also, generally, emergency room physicians are there to...

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Do I have a case

I recommend that you consult with an attorney skilled in employment law. There could be a claim for what is called tortious interference with contract. Generally, a party cannot improperly interfere with your contractual relationship with another party. Here, your ex-employer appears to not have had a valid reason to claim that a non-compete clause was in effect. As a result of its interference, however, you lost your job. I wish you well in your efforts.

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Do i have a case against my psychiatrist?

To have a successful medical malpractice claim, a patient must prove that the health care provider (in this case a psychiatrist) acted unreasonably, this unreasonable action was a cause of harm, and the amount of the harm. Unfortunately, medical malpractice cases are very expensive to prosecute, primarily because they require the lawyer to hire an expert witness doctor to describe what the defendant doctor did wrong and how it caused harm. Here, it sounds like the doctor abandoned your care....

Should I get a lawyer against Arribas Mexican Restuaraunt

I am sorry for your little guy's injury. A agree with the above answer, in that it does not appear that your son was injured sufficiently to warrant a suit. In the event he did require significant medical care, or will have future impairment, then I would recommend you see a lawyer. If, however, it was a bruise that healed, then I would suspect that a lawyer would not take the case. Good luck.