Questions tagged [malpractice]
The malpractice tag has no usage guidance.
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Is it allowed to non-consensually submit someone's diary as evidence?
In episode 12, season 4 of The Office, called "The Deposition", the diary of a witness (Michael Scott) is used as evidence, without the witness's consent. The diary was taken by the suer, ...
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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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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 ...
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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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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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Can a lawyer's pattern of "own goals" constitute malpractice?
An "own goal" in soccer constitutes kicking the ball into your team's own goal, to the benefit of the opposition.
If your lawyer repeatedly makes mistakes or other actions that tend to ...
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What happens during and after investigations into a false conviction?
I'm interested in the NY(C) jurisdiction.
So, the relevant people are convinced that a person might have been wrongfully convicted. So, an investigation starts, and it proves this. Then, the person is ...
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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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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 ...
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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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What happens if someone provides evidence in court without the knowledge of the judge?
It is my understanding that the judge must accept (almost?) all evidence admitted into court. So, this leaves me with three questions:
What happens if an official shows evidence that the judge hadn't ...
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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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What liability do hospitals have for timely care, if they think you're faking it?
A while ago my girlfriend was admitted to hospital. She had intense 10/10 pain from one of her ovaries, and ended up having to have it removed.
Unfortunately, she was made to wait for around 6 hours ...
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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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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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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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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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Is a lawyer required to discuss adjournment requests with a client before consenting?
If an attorney receives a request from opposing counsel to adjourn an upcoming hearing, (which would then be communicated to the court as a joint letter) does he need to consult with his client or can ...
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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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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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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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No instructor for 2 months
Does anyone know or have any information on school malpractice? I'm currently in my 6 month of trade school and for the last 2 months they have not had an instructor for us. The instructor is supposed ...
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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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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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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 ...
