Torts

misconduct

cuz its cheese man

1 hour

Your question relates to what is referred to as "Medical Negligence" or "Medical Malpractice".

Medical negligence claims are common, but they are VERY expensive to pursue. Most attorneys who handle these types of cases do so on a contingency basis. They don't get paid unless you win your case, and they will take anywhere from 25% to 40% of your settlement or award, depending of a variety of factors. The amount that they earn will be spelled out in a contract between you and the attorney(s).

"Squashing" a rib sounds doubtful. It would take an extreme amount of pressure to literally "squash" a rib. Temporary pain to the soft tissues covering your rib(s) is more likely what you're talking about. If there wasn't any visible sign of injury (like bruising, swelling, a fracture seen on x-ray), it is unlikely that you will be able to find an ethical attorney to handle your case. An ethical attorney will not pursue these types of claims because of the time and expense involved relative to the value of the claim. In other words, the monetary value is so minimal that it isn't worth the time and expense.

On the other hand, there are plenty of unethical attorneys "out there" who will take ANY case. They know that a medical malpractice carrier (the insurance company) repsonsible for paying claims against the doctor is likely to settle even a nominal claim for a few 1000 dollars rather than go through the expense of defending the claim. Attorneys like this give those of us who are ethical a bad name, and are a big reason why insurance premiums are so high.

So ... the answer to your question is, "Yes". A doctor can be held liable. BUT the question of whether he SHOULD be liable, and whether you SHOULD pursue the claim is an entirely different issue.

If you were GENUINELY injured to an extent that you had visible damage, missed time from work, had expenses resulting from the injury, etc., then an ethical attorney will handle your case. If you take your case to 3 different reputable attorneys and each of them refuse to handle your case, my advice to you is to drop the issue.

To restore, or 'make whole' the aggrieved party. . . as opposed to punitive damages which are intended to punish the violator/respondant.

The question is not worded clearly. If the questioner already HAS counsel and wishes to discharge/fire them, all he has to do is either do it in open court while on the record, or file a motion with the court notifying the judge that they are proceeding pro se. If, right from the outset, they are not engaging counsel, that fact will be included in the information with the court filings for the case. The judge will probably strongly counsel you to retain counsel, but you DO have the right to represent yourself if you wish. Please remember the old lawyer adage: "The man who represents himself, has a fool for a client."

No, you cannot. A tort is a civil wrong for which you may be liable to another person for damages. It is not a criminal wrong punishable under the criminal law.

Added: Some torts may also be criminal offenses, though. For example, murder is a crime, but you can also be sued in tort for wrongful death in addition to being prosecuted criminally.

Itasca, Illinois

As long as your question is referring to the executor of a will, than the answer to your question is yes.

It is like Let's Make a Deal. Do you go for the million dollar briefcase or take the money already won. A compromise settlement is agreement between the parties to a personal injury or wrongful death lawsuit to accept some amount of money other than what the plaintiff wanted and that the defendant was willing to pay in order to avoid the uncertainty of results if the matter goes to trial. For example, in an auto accident case, the plaintiff is certain that the jury will find defendant responsible for the accident and award a million dollars. The defendant is certain that the jury will find that the plaintiff is the one responsible. The reality is that at a trial anything may happen. Total win or total loss. All or nothing. Maybe somewhere in the middle. In order to ensure plaintiff will get something, he settles for less than he thinks he is entitled to. In order to ensure defendant will not have to pay some exhorbitant amount he settles for a bit more than he thinks he is responsible for. Each side compromises his/her claim and settles the case.

No. Civil is majority must agree.

Yes, someone can be sued or held liable both criminally and civilly, for the death of another.

Aside from a murder charge (which is criminal/penal in nature), the surviving relatives of the deceased victim have the right to make what is called a '''wrongful death claim. In a wrongful death claim, the surviving family is asking for monetary damages for the loss of their loved one.''' Yes, that's what happened to O.J.

It is called a Wrongful Death suit.

Yes aside for being a murdering S.O.S. the victim has also had their civil rights violated.

*Also you are not the one who will charge the person fore the murder but the "State, province, country etc." are the ones in charge of that ; But it could be different for different countries.

The woman is not in her right mind. What good would that do you or her? She'll still do it and it may become worse. Educate yourself to what might be wrong with her, she may have Turette's Syndrome, etc.

When the suit is filed and the opposing party has knowledge of the suit.

I think that it is very difficult in most if not all states and court rooms. I do think that mental abuse is far worse than physical, which is recognized. Physical abuse, can heal more quickly. Emotional, sometimes never does. To prove, you willlhave to start a journal or some type of documenattion process. You will have to write down everything that happens to you in that documentation and keep it hidden. Over time, you will hopefully have enough documentation to show a habit, or trend and the courts may look at that. Othewise, keep yourself safe, and If it's your child or a child that you are trying to keep this from happening to, just fill their heads with the right way to be through demonstration, and positivity, and will grow up and be able to leave and make their own choices one day.

Negligent driving is having other distractions or agendas above being safely on the road. This includes the current favorite issue with cellphones, watching movies as you drive, passing other drivers with little or no warning, loud booming music, driving under the influence and so on. Basically, you should drive so as to not inconvenience any other driver: they should not have to brake for you, close their windows to avoid sound, and pedestrians should be safe in crosswalks and elsewhere.

No. You can not appoint an Guardian ad liem without the other party knowing about it. This process can be executed two ways. One is by filing a motion in the family court in your area and it will be heard by a judge. Child Welfare can file this complaint if they deem it to be necessary after an investigation. The other manner would be to request opposing counsel (or the party, if pro se') to agree to adding a guardian ad liem, at which point a consent order would be drawn up, signed by both parties and entered to be signed by a Judge assigned to the case. Certainly when there are children involved, it is in the best interest of all parties to communicate their concerns directly or through counsel, as not to further inflame an already difficult situation. By attempting to utilize manipulative deceptions can and will only further break down trust and the ability to successfully co-parent, which will ultimately victimize the children.

The neighbor principle explains how we should apply reasonable care not to injure or hurt anyone, who comes into direct relationship with us or with whom we are involved with.

The concept of the neighbor relationship outlines the practical boundary in which we owe a duty of care.

The Motion to Enforce is a legal filing that requests a court to force someone to obey a previous court ruling.

Even though a counterclaim comes by way of an answer, you should consider like a complaint. You have 20 days to answer a counterclaim.

ANSWER:

Can you, I don't know what kind of law Tennessee has when it comes to adultery but you can ask a lawyer who specialize marriage or divorce and he can tell you about the do's and the don't. I hope this help.

All business law is based in the civil law system, unless the offenders actions cross the line into a criminal activity (e.g.: Embezzlement - Fraud - etc).

Negligence.