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Tami Leigh Diebel

Tami Diebel’s Answers

176 total


  • I was in a accident and found at fault can I still get something for doctors and injuries?

    I was in an accident Sept. 30, 2011. I was found at fault. The driver of the truck hit me I didnt hit him.I was passing in a passing zone and A driver turned left into the rear passenger side of my friends durrango. I didnt have insurance on my ca...

    Tami’s Answer

    If, while you were passing any vehicle, you traveled through an intersection, you were not in a passing zone and you were at fault. Thus, your own insurance would have to cover you, if you have insurance. Your auto insurance, $10,000 Personal Injury Insurance and any other bodily injury insurance. otherwise, it would be your health insurance that should cover you. As for any pain and suffering, no, you would not be entitled to it since you were the one at fault.

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  • Can I sue for a misdiagnosis of a cancer type?

    In 2009, I was diagnosed with breast cancer and was told my cancer was Herceptin Positive (3+). I then had 4 cycles of taxane chemotherapy followed by 18 months of Herceptin infusions every 3 weeks. In June 2011, a CT scan showed that the dis...

    Tami’s Answer

    The answer to your question is, it depends. An oncology expert would need to be employed to review your case and advise as to whether the taxane chemotherapy an/or Herceptin infusions had any effect on your cancer. Even if they were the incorrect therapies, there may not be any harm done (I apologize for stating it that way, as the therapy itself is harm, however, in a forum of this nature and me not being an expert in Herceptin infusions, it is difficult to fully explain). There are several other factors which would go into the analysis of a medical malpractice case. Please email me with additional questions, I can talk you through the process of a medical malpractice matter. I wish you were not having to go through this. All my best, Tami Diebel

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  • My son is addicted to opiates. He is a functioning 21 yr old and refuses help. Can I force him into rehab or outpatient therap

    He is smoking pills, probably one a day, and apparently can't stop. I want to stop this before he ends up in the gutter but not sure what I can do legally as there are no arrests or anything. He lives with me.

    Tami’s Answer

    I agree with my colleague. It appears he can assist you. I wish you the best in this situation.

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  • Personal Injury Settlement in FL over 30 days late

    what can my laywer do the check has been getting delayed for over 30 days? I am in florida and I dont know can they be made to pay me laywer fees or intrest? Is this somthing we would have to go to court for? How would this affect my payment?

    Tami’s Answer

    In the state of Florida, your check should be to you within 21 days of your signing the Release. After 21 days, you get interest on the amount of the settlement. Your attorney should know this.

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  • Why Won't Attorneys Take Medical Malpractice Cases Unless Multiple Corrective Surgeries Are Involved?

    I experienced a side effect after surgery and wanted to sue for malpractice on a contingency basis because I now have medical expenses I didn't have before. But a lawyer told me that only cases involving a second surgery to correct mistakes of the...

    Tami’s Answer

    I agree with the previous answer. Unfortunately, lawyers are in the business of lawsuits. If a case is not going to provide any income for the attorney, the attorney will not take it out of his or her good conscience or the kindness of their heart. For a medical malpractice case, lets say it costs a law firm $43,000 to bring a case from its beginning to trial (which it usually costs much more). This means that for the attorney to take the case and just break even (putting $0 in his own pocket) the defendant in your case would have to offer $129,000.

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  • I Loaned my mother in law our car and she got into a car accident, She was not at fault. Her license was suspended.

    Will other Driver Ins .cover even though my mother in laws license was suspended?

    Tami’s Answer

    I'd like to clear up one thing, was her license suspended due to the accident? Or did you loan your vehicle to a person who you knew had a suspended license? Why was her license suspended? These are questions that will come up. If it was the former, then yes, other driver's insurance should cover her, although your insurance will pay out is Personal Injury Protection. Did your mother in law live with you? If it was the latter and you knowingly lent your car to a driver whose license was suspended, then possibly not, it will depend on whether you have a good lawyer.

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  • What are my rights if a dentist lied to me about what my insurance would cover?

    My new dentist in FLorida insisted on taking new x-rays instead of rescheduling my appointment when my 6-month-old x-rays arrived from Michigan. I said no but finally agreed when they insisted that I would only pay $10 out of pocket which I paid ...

    Tami’s Answer

    I agree with what is said above. This is more of a customer service issue than a medical or health issue. I would write a letter to the office manager advising in an assertive, but polite manner the issues you had with the dentist and request a refund.

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  • Legality of Pain Contracts

    My wife has rheumatoid arthritis and fibromyalgia. She has been treated for pain by her rheumatologist using oxycodone. She has followed his directions precisely, however, he now wants to transfer her pain treatment to a pain specialist who will...

    Tami’s Answer

    I understand your point of view and I have read through these pain contracts several times. These contracts are not necessarily for addicts, but to protect the doctors and the patients from being able to obtain heavy pain medications from multiple sources. It creates a paper trail that forces the physician to have a specific conversation with the patient to go over this contract so that there is proof and no one can say he didn't tell me or I don't remember. I would suggest you read the contract in the manner in which it is intended which is as a protection. Unfortunately, a few bad apples ruins the bunch and while these were set up for addicts; everyone must sign them for treatment.

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  • Can you be fired if you have to have surgery and the doctor wont release you

    my son was in a bad car accident and needs surgery on his shoulder but he is afraid if he does he will loose his job. the doctor says it will be a six week recovery. he has a wife and two young children and is scared but he needs the surgery to fi...

    Tami’s Answer

    First, who was liable in the automobile accident? Did he have insurance? How much does his insurance pay for medical and lost wages and such? He should have $10,000 in personal injury protection regardless. This money should assist you during this time. Depending on his employer, he should be protected to take a leave of absence under the Family Leave Act. However, if he works for a small company, they might not be subject to the Family Leave Act. I would need to speak with you further regarding the specifics to provide complete advice.

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  • Can I sue my doctor for refusing to refill my Paxil prescription?

    I got a new doctor and on my first visit, he prescribed me Paxil and wanted me to talk to a psychiatrist. Well I had an appointment with a psychiatrist and forgot about it. Since I was a new patient, they won't reschedule me. My initial prescripti...

    Tami’s Answer

    I understand how devastating it can be to go through withdrawal of Paxil. However, he did advise you to speak with a psychiatrist. Under Florida law, no physician is required to treat a patient. Now, there are some issues with regard to withdrawal; however, you can easily fix the situation by contacting a psychiatrist and setting up an appointment.

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