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Such a case would turn on the opinions of experts in the fields of the treating doctors, the nursing, and the hospital. You should obtain the records (complete) and consult with an attorney in the area of the hospital asap. Sometimes governmental entities can be helpful, too. Your attorney will help you with that and any other investigation that is undertaken. I am sorry to hear of this happening to your mother and your family. Too often doctors and administrators forget they are dealing...
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The simple and direct answer is, yes. A good lawyer will explore all the possibilities and answer your questions. The lawyer will maximize your recovery. That you asked the question indicates that you are looking in the right direction and seeking legal advice. That is the best approach!
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You do need to see an attorney who practices in the areas of wrongful death, perhaps civil rights, and public entity liability. The case (presumably against the authorities who let the defendant loose) will be a very difficult case to bring and win. As to why he was released, there may be a multitude of answers; and none of them may be adequate, especially in such a tragic circumstance. Just one reason is the budget trouble and inability for jails to house the many convicted criminals that...
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If the detectives will talk to you, they will be your best resource. The coroner report will take quite awhile to obtain but will hold some information that may answer your questions. I am sorry, but I don't believe the hotel would be a viable target for action based on the description you have provided. However, there may be other facts and factors that you have not included or don't yet know that may influence a decision as to the hotel. Unfortunately, you are not alone in your...
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You need to appear in court, tell the judge that you are his wife and don't want to testify against him; and then you have to follow instruction of the judge. Your husband's lawyer should be able to give you guidance and help, as well. Your question is not complete as to all circumstances and factors that could come into play; but the initial advice above fits all, or almost all, situations. Good luck.
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Of course, the law of Maine and the law of California are or may differ; but the following comments may be helpful to you. I hope so. First, let me say that I was very sorry to hear that your children lost their mother. Parents are each so important, whether going through hard or troubled times or otherwise. Their loss will always be with them, and I wish you and them the best to get through this. As to the police and liability, there are many facts that could make a difference. However,...
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At first blush, I would say you have a valid point about time limits and theories of recovery. However, the case is filed and legal challenges will be under way. It will be up to the plaintiffs to demonstrate they have the right to bring a lawsuit, whether by some novel theory or concept, or otherwise. It will be up to the defendants to research and challenge the theories of the plaintiffs, and up to the judge, and possibly justices considering Appel, to decide the viability of the causes of...
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If you dismissed the case, you probably would not be able to file it again based on the same facts and theories, as strict time limits may bar that; but the Complaint may be able to be amended to reflect the correct information. This may prove helpful to getting an earlier trial date, too, than you would get with any refiling. Good luck.
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It is doubtful that the state would sue based on care they were to provide. I have to admit that I don't understand clearly the facts as to who is making a claim against whom and for what; but if I do understand your question and circumstances correctly, the state is trying to recoup money they spent on care that proved to be substandard and that should not have been billed/paid. If that is not the circumstance, are you saying her estate is being sued by the medical providers? If so, the...
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The simple answer is, yes, the minors children and heirs can sue. The more difficult question is whether there is a case there. Not knowing the circumstances with greater detail makes the answer difficult. Immediate investigation is a MUST. The heirs and/or their representatives should contact an attorney and get the ball rolling with investigation, photos, inspection, statements, etc. immediately.
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