Archived
Husband had 2 neck surgery and lower back surgery an has lost feeling in leg new dr says all needs redone is this a case
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Answered on April 22, 2012
Spinal surgery is a very complex topic. Proving a spinal surgery failed because of medical malpractice is extremely difficult. Many published...
Archived
What happends when u find out u have scoliosis..n u find out it could of been prevented?
Joseph's answer
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Answered on April 22, 2012
In theory, a medical malpractice case could be based on failure to diagnose and treat scoliosis properly. There are way too few facts in the...
Archived
Attny conflict of interest? claimant's PI attny & Insur co. attny are longtime friends
Joseph's answer
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Answered on April 22, 2012
It is not a conflict of interest if the lawyers for opposing parties are friends. It can actually be to the client's advantage if the lawyers have...
Archived
Does a person have to prove damages in a breach of fiduciary claim? If so, how?
Joseph's answer
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Answered on April 22, 2012
If the attorney did the work, got the case resolved to your satisfaction and earned the fee, it seems as if a breach of fiduciary duty claim is a...
Archived
Should my attorney have paid Medicare the sum they wanted from a malpractice case so we didn't have to pay them interest ?
Joseph's answer
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Answered on April 22, 2012
Medicare liens are a nightmare and I would only criticize an attorney for ignoring one. A bigger concern is that the attorney fees seem to exceed...
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Archived
Medical malpractice
Joseph's answer
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Answered on April 22, 2012
Medical malpractice cases require large expenditures of time and money. They are hard to win or settle under the best of circumstances. Medical...
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Archived
Why are so many attorneys and judges asking for (downward departures ) lately ? what benifits does the legal sys get out of th
Joseph's answer
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Answered on April 22, 2012
I've been practicing law and trying cases since 1975 and I've never seen the term "downward departure." Maybe it's peculiar to OR law. Tell us what...
Archived
Is it defamation for a dr to list as history of present illness as,
Joseph's answer
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Answered on April 20, 2012
It's not defamation for the doctor to write something embarassing in your private medical record. That's particularly true if the information is...
Archived
Can a medical doctor discuss anything about your physical or mental health to anyone besides your family ?
Joseph's answer
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Answered on April 20, 2012
It is a violation of law and a violation of medical ethics for a doctor to discuss a patient's medical condition with anybody without the patient's...
Archived
Now that bayer has settled with yasmin, how long before I receive my check?
Joseph's answer
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Answered on April 20, 2012
It's not unusual for a total settlement package to be agreed on for all the claimants. Then it can take quite some time to figure out how to divide...
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