Questions tagged [malpractice]

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1answer
48 views

How/when do the parties know that a contract is a “go?”

This is a followup to this question, in which the seller's attorney was tasked with tracking the fulfillment of four preconditions that needed to be cleared. Is the lawyer supposed to give an "...
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2answers
62 views

To what extent is a lawyer guilty of malpractice for material misrepresentations to a client, and the client's counterparties?

An investor agreed to invest an amount of money, 2X, in a startup through a convertible note. At the end of two years, the investor had the option of receiving back the monetary amount of his note ...
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2answers
57 views

Is there a difference in a lawyer's culpability between “negative” and “positve”malpractice?

By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing. By "positive" malpractice, I mean a sin of commission, ...
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1answer
72 views

My dentist denies mistakenly cutting off the tag connecting the lip to gum while putting in an implant. What can I do? [closed]

The implant was unrelated to the tag, officially called the "upper labial frenulum", and the implant was for one of the two front teeth (Upper Central Incisor).
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2answers
33 views

How to search for court records regarding medical malpractice for a particular physician?

New York state (US) here. I would like to know what tools/sites/etc. I can use for searching any pertinent court records/documents regarding medical malpractice suits against a particular physician. ...
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1answer
106 views

How to convince Google to fix a problem that caused few thousand $ damage?

Edited for less mystery. Sorry Google, I wanted to keep your name out of it. I'm an independent software developer, a solo entrepreneur, publishing apps at Google Play. About a month ago, Google ...
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1answer
51 views

What role, if any, would unethical behavior play in a malpractice case?

My understanding, as a layman, is that a lawyer need not obtain the "best" or optimal result for a client, only a "reasonable" result. In academic terms, a lawyer need not earn an "A." A "C" is ...
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2answers
105 views

Can an improperly drafted contract be invalidated?

Suppose that I hire a lawyer to draft a formal contract with another party. (I, the lawyer, and the other party all reside within the U.S.) The terms that I would like in the contract are well ...
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1answer
61 views

Wrongful Death Medical Malpractice

My Mom was killed by Kaiser, I have the hospital report. She died from sepsis but was on dialysis. They were giving her contraindicative drugs, treating her for diabetes, which she did not have and ...
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1answer
92 views

Could a Doctor Refuse to Treat a Patient in an Emergency?

Suppose a man commits a hate crime against (Hypothetical Church), and in the midst of the crime, the man is critically wounded by the police and rushed to the hospital. Suppose there is only one ...
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0answers
49 views

What consequence if an attorney loses critical evidence of their client?

Client gives notice to attorney of potential issue. Later, some tangible item such as a document causes emotional distress / mental breakdown of the Client that escalates the issue to a potential tort....
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1answer
5k views

Is law enforcement responsible for damages made by a search warrant?

Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? ...
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1answer
80 views

Getting Sued for Second Medical Opinion

I'm thinking about building an online platform that helps people get second medical opinions from doctors in the UK. Is there a possibility that the doctors on the platform could get sued for medical ...
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1answer
85 views

Can I refile a case I withdrew without prejudice many years ago?

My son was born with catastrophic injuries due to the delivery and what happened afterward I filed a suit for malpractice and withdrew without prejudice so that I could beat the deadline for the ...
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1answer
79 views

Can a medical professional be liable for not completing a procedure as claimed?

A patient in the United States goes to the dentist for a routine extraction of both bottom wisdom teeth (as explained to him beforehand by the dentist). The patient is put under general anesthesia, ...
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1answer
838 views

How can I find out who an attorney represented in a case?

I think an attorney may have represented two opponents at the same time. What are the legal requirements on attorneys and is there a way to find out who their client was? I believe my divorce ...
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3answers
497 views

Why don't attorneys like to offer subjective advice?

In another question, a commenter mentioned to me that attorneys 'are bad enough about giving concrete legal advice, let alone subjective legal advice.' He was referring to my question of "is it wrong ...
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1answer
239 views

What constitutes legal malpractice? What are the remedies?

A friend of mine was doing business with Company A, and asked a lawyer to draft a contract saying that if Company A failed to perform, my friend would be able to take possession of Asset X (the ...