Archived
Is it medical negligence/wrongful death when a surgical procedure is done by interns not the doctor?
Joseph's answer
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Answered on November 30, 2012
The mere fact that the interns did the procedure is not malpractice. Some issues are, were they competent to do it, did they need to be supervised,...
Archived
Is this malpractice in CA if attorney wants to charge additional fee to wisit and consult his client at detention facility ?
Joseph's answer
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Answered on November 30, 2012
I assume you signed a retainer agreement when you hired the lawyer. The retainer should state what is included in the flat fee and what isn't. In...
Archived
In Florida can the executor of the estate file a wrongful death suit(malpractice).no spouse.no children under 25?
Joseph's answer
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Answered on November 30, 2012
I do not practice in FL but it is my understanding that recent tort "reform" has limited rights to recover for wrongful death for medical...
Archived
Can Med Pay be used to pay burial expenses? Will Medicare try to make a claim on estate?
Joseph's answer
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Answered on November 30, 2012
Medicare liens attach to proceeds from personal injury claims, paid to the injured party or the party's estate by a third party .They don't attach...
How to file "order to show cause" in New Jersey Probate/Surrogate Court?
Joseph's answer
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Answered on November 29, 2012
Based on the information in the question, a lawyer on Avvo could not tell you how to do it even if they wanted to. Surrogate's Court is not for...
Archived
What do i need to do to contest my grandmothers will
Joseph's answer
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Answered on November 29, 2012
Mr. Frederick's advice is spot on, as usual. I would only add that will contests are not only difficult, the legal fees can be substantial. It's...
Archived
My cousins dad passed away, his parents were not married. His dad was married before his mom and never got divorced.
Joseph's answer
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Answered on November 29, 2012
The beneficiary of a life insurance policy is entitled to the benefit. If somebody is holding back the information and preventing him from...
Archived
... My doctor faild to preform her duty to me for the last time! Tell me if this a breach of contract or medical malpractise?
Joseph's answer
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Answered on November 29, 2012
Your question seems to be cut off, but my assumption is that the doc did not do the procedure. That's a breach of contract but not a malpractice....
Archived
Divorce Contingency fee Legal or not?
Joseph's answer
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Answered on November 29, 2012
I don't know about CA, but in NY it is a serious ethical violation to charge a contingency fee for a divorce. I added tags to your question so...
Archived
What happens if both executor of will die before my father that has me as a beneficiary?
Joseph's answer
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Answered on November 28, 2012
The law provides that if all the nominated executors are dead, a proper party, usually a family member, may petition to be appointed administrator...
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