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Michele G Pearson

Michele Pearson’s Answers

131 total


  • I am curious if I have a strong dental malpractice suit?

    I did some trade work with a dentist, I remodeled his practice and he fixed my teeth. He first pulled a few teeth that he could have fixed. Then he burnt all my gums with a laser at the same time, so I went through severe pain. He put these bridge...

    Michele’s Answer

    There are several issues described in your post that should be thoroughly analyzed by an attorney who does malpractice work. Time is of the essence.

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  • I'm trying to start a home health agency. What steps do I have to take in order to get started?

    I have been searching online endlessly for guidance and information on how to start my own home health agency. The only thing I came across was a website stating I need to talk with a lawyer to get started. If anybody can help me I would greatly a...

    Michele’s Answer

    It is wise to remember that the internet only provides a modicum of guidance on most anything. Unless you are certain of the source for the information you are obtaining, you should consider it mostly background. In order to start a home health agency, you must take into consideration all the regulations and requirements for taxes, licenses, employment, etc. It is not insurmountable, but you would do well to consult an attorney who can advise you on such things as the best type of business entity to set up, and how to structure your day to day operations so that you do not run afoul of requirements you many not know even exist. Keep in mind, also, that the sounder your foundation is, the more you will attract good customers and clients.

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  • If my mother has beaten me in my nose a year ago and been sabotaging my life since can I sue for emotional distress .

    I moved in with brother that had no money for rent and payed more than my share many months from August to January 2015, as well as put down payment on a car which was to help build grandmother credit. Once I was kicked out of my apartment for not...

    Michele’s Answer

    There is law on the books in CA to address the filing of assault charges depending on the circumstances. Emotional distress claims are very fact specific and you will likely need some assistance with each of these issues. Given all the family dynamics you describe, you may want to hire a knowledgeable attorney and perhaps someone to assist you emotionally, such as a counselor. Take the first step and much of this will get managed with the help of good professionals. Best of luck.

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  • Was it a HIPAA violation if my physician asked a friend of mine if I was still smoking?

    The question was asked by the physician to the friend during an appointment in their office. The friend also happened to be my boss at the time.

    Michele’s Answer

    It certainly has all the earmarks of a violation including the most simple, i.e. the revelation that you are even a patient of the doctor's. There may be extenuating circumstances by which the doctor would have come to know this without asking the friend, which would be taken into consideration. You may want to carefully consider the amount of harm done to you by asking about the smoking before you take any action since entering into a legal circumstance will certainly launch a complex entanglement.

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  • I had IME he stated my condition was not worsening of fall.then on said because of my pain exam is unreliable.

    that was only may 1 now they want another IME results will not be different i get worse day by day more crippled loosing feeling too. My surgeun has protested IME because he made diagnosis based on non reliable exam that i CAN NOT perform. And i s...

    Michele’s Answer

    Failure to attend IMEs could jeopardize any insurance benefits. You clearly need your benefits and you need to cooperate, even if it seems as though it is undercutting provision of services at this point. Go, do your best, tell the truth, report any pain, take notes if you can. I would take a look at those attorneys listed in the Spokane area by AVVO who perhaps could assist you in getting anything you deserve from the insurer for your work related injury..

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  • My Doctor is aware that I have only Medicare insurance coverage. I am responsible for any co-payment. He recently drew my blood

    in his office and sent it to an outside Lab for analysis. Medicare denied the claim because I am only entitled to one Blood Test per year. He now expects me to pay the $800 Lab fee. I all along assumed that he would never perform any procedures t...

    Michele’s Answer

    Your question is a rather simple one, and the answer is "yes", you are responsible to pay for the service. Even thought all health providers have more medical knowledge than most of the rest of us, they rarely, if ever, concern themselves with patient financial matters. Call the lab and ask them if they will take payments. Explain what happened; most businesses will be reasonable.

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  • What type of lawyer will i need to take a person to court for selling me a bad car

    i paid 2000 dollars for a car last year when i drove it home it overheated so the private person i bought it from appoligized and said he would pick it up and fix it he picked it up and said thermostat was bad and they changed it up my car ran go...

    Michele’s Answer

    You need a lawyer who does Consumer Protection Act work. With vehicles, there is a federal "lemon law" that protects consumers of new vehicles. However, with used cars, states vary in their remedies.

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  • If an interrogatory asked a vague question where something is...hypothetically where is the gun?

    I guess it means where is it right this minute. Do I say on my desk, or specific an address or just in my house. How specific or broad is answer.

    Michele’s Answer

    If you are answering interrogatories, you either already have an attorney, or you have filed pro se. If you have an attorney, you need to consult with your attorney for guidance. Interrogatories have a specific purpose, and you do not want to stretch the truth one iota. You want to answer the question. That said, many interrogatory questions are objectionable. Different states have varied rules on how to object, and they can require a very precise management. If you are not truthful, you will have to explain the answer later during a deposition or trial. Telling the truth is always best.

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  • Proposed Orders

    How do I object to a proposed order if notice is waived in court?

    Michele’s Answer

    In order to make sure that you have done everything correctly, you would do well to consult an attorney familiar with all of the applicable rules and case law for your particular situation. Your only other option is to check the rules and case law yourself, which without training to make sure you are casting the widest net. could land you in trouble.

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  • Can the font of "Ariel Narrow" be used in a court document?

    I know that ariel is a font that can be used in court documents. Does anything prohibit me from using Arial narrow?

    Michele’s Answer

    Most court systems require a certain number of characters per inch. Ariel Narrow likely does not fulfill this requirement. You need to check the local Civil Rules for filings in CA. Here is the URL for the applicable rule in your case: http://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_204
    Follow these guidelines and you will be fine. Good luck.

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