Benjamin Wright Haile’s Answers

Benjamin Wright Haile

Portland Civil Rights Attorney.

Contributor Level 8
  1. Spring assisted knife in Oregon?

    Answered over 2 years ago.

    1. Benjamin Wright Haile
    2. Orion Jacob Nessly
    2 lawyer answers

    It is illegal to have a CONCEALED spring assisted knife in Oregon. ORS 166.240 provides, "any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor. It is also illegal for a convicted...

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  2. My husband died in the hospital 8/5/13 from a torn muscle in his thigh and bled to death. Do I have a case of wrongful death?

    Answered 12 months ago.

    1. Christian K. Lassen II
    2. C. Donald Briggs III
    3. Jeffrey Mark Adams
    4. Benjamin Wright Haile
    5. Richard Marc Katz
    6. ···
    6 lawyer answers

    I agree with the other attorneys who have responded. The next step to evaluate this case is to hire an attorney to obtain and evaluate his complete medical records and decide if the doctors violated the standard of care. I practice law in Oregon. Contact me if you would like to talk more about the case.

    6 lawyers agreed with this answer

  3. Can the police place you in prison for asking to speak with an attorney?

    Answered almost 2 years ago.

    1. Benjamin Wright Haile
    2. Jay Bodzin
    3. Rixon Charles Rafter III
    3 lawyer answers

    The police cannot use your request for an attorney as evidence of guilt. However, in the real world, there is some risk that asking for an attorney will increase the investigating officers' suspicion of you. Therefore, you have asked a reasonable question. Usually, when police are interrogating a suspect about a crime, it is a very bad idea for the person to try to talk their way out of trouble. This is one of the main ways that police get evidence. Mr. Bodzin is correct that the...

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  4. How can I get my deceased dads medical records?

    Answered 23 days ago.

    1. Benjamin Wright Haile
    2. Zaheer A Shah
    3. Jon Friedman
    4. Peter N Munsing
    5. Christian K. Lassen II
    5 lawyer answers

    To obtain the medical records of a deceased person in Oregon, someone has to be appointed by the court to serve as Personal Representative (PR) of the estate of the deceased person. The first in line to fill this role is the spouse, followed by the parents and children of the deceased person. Anyone can serve as PR, provided that all people with an interest in the estate consent. To get the court to appoint a PR, a probate case is opened by the filing of a petition for appointment of a PR....

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    1 person marked this answer as helpful

  5. Looking for a contingency lawyer on a potentially huge case

    Answered 12 months ago.

    1. Benjamin Wright Haile
    2. Christian K. Lassen II
    3. Timothy George Kerrigan
    4. Philip Anthony Fabiano
    4 lawyer answers

    Since this a written communication to a person in need of legal representation, I am required by the Rules of Professional Conduct to put the word ADVERTISEMENT at the beginning and end of what I say. I would definitely be interested in learning more about your potential case to see if my firm could represent you. My practice is almost entirely focused on lawsuits against state and local government for negligence and for violations of people's rights. If we take your case, it would be on...

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  6. My son's spouse died of a wrongful death in the county jail. He needs to sue but can't afford a lawyer.

    Answered 28 days ago.

    1. Benjamin Wright Haile
    2. Zaheer A Shah
    3. Christian K. Lassen II
    4. James Otto Heiting
    5. Adam Gamboa
    5 lawyer answers

    An early step in determining whether there is strong claim against a jail for wrongful death is to obtain a copy of the medical records. To do this, a probate case needs to be opened in state court and someone needs to be designated as the personal representative (PR) of the estate of the person who died. Then the PR can obtain the medical records or authorize release of the records to an attorney. Without authorization of the PR, it is impossible for anyone to get the records because all...

    5 lawyers agreed with this answer

  7. Can a private clinic re-release department of corrections records to a patient after they've been released?

    Answered 11 months ago.

    1. Benjamin Wright Haile
    2. Samuel Cohen
    3. Christian K. Lassen II
    4. David Ian Schoen
    5. Josh P Tolin
    5 lawyer answers

    Records from the Oregon Department of Corrections (DOC) are not typically subject to any unusual limitations on release to the patient. This includes both the DOC medical records, which you are probably referring to, and the DOC inmate file, which contains non-medical records relating to classification, cell assignment, work assignment, and discipline. The former inmate could obtain all of these records directly from DOC. Now that the DOC records are part of the medical file you have for the...

    5 lawyers agreed with this answer

  8. Do I need a lawyer for medical malpractice?

    Answered 2 days ago.

    1. Benjamin Wright Haile
    2. Tatiana Kadetskaya
    3. Christian K. Lassen II
    4. Andrew Y. Kim
    5. Christopher B. Rounds
    6. ···
    6 lawyer answers

    Oregon has a statute of ultimate repose which generally prohibits medical malpractice claims that are discovered more than five years after the procedure that caused the injury. It's not clear to me whether the failure to detect the missing piece of your spine occurred more or less than five years ago. Further, there are rare exceptions to the statute of ultimate repose. For example, if the delay in your discovery of the injury is the result of fraud or deception. If the missed...

    3 lawyers agreed with this answer

  9. What am i able to do?

    Answered over 2 years ago.

    1. Benjamin Wright Haile
    2. J Christopher Minor
    3. Jay Bodzin
    3 lawyer answers

    This is not an area of law that I know well. Therefore my answer to this question will be general. I specialize in cases for people whose rights have been violated by the police. You could try contacting the Oregon Crime Victims Law Center for advice. http://www.ocvlc.org/ Many district attorneys offices have crime victims' rights advocates. So try calling the office of the district attorney for the county where this case is pending. You should be able to get the date of the...

    3 lawyers agreed with this answer

  10. Police officer accusing me of altering an adderall prescription over phone call, wants me to call him back, what do i do?

    Answered over 2 years ago.

    1. Jay Bodzin
    2. Benjamin Wright Haile
    3. Nicholas A Heydenrych
    4. Mitchell Scott Sexner
    4 lawyer answers

    Be very careful about talking to a police officer without an attorney present. As high as two thirds of all convictions come from admissions that people make to police officers when they think they are talking their way out of trouble. A common police tactic is to pretend that they just want to help you explain problem without prosecution. Remember, police officers are allowed to lie and frequently do lie when they are interviewing suspects. That being said, I have seen people talk their...

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    1 person marked this answer as helpful