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3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Seek guidance on medical malpractice case after father's surgery complications.

I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 17, 2025

I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More

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3 Answers | Asked in Contracts and Employment Law for California on
Q: What restrictions apply under Section 16600 when switching jobs as a sales rep without a non-compete in California?

I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More

Neil Pedersen
Neil Pedersen
answered on Apr 17, 2025

The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More

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2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: Is 42 U.S.C. Section 1983 applicable for Medicare fraud by hospice and denied referral?

Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?

Marina Samson
Marina Samson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can my 15-year-old refuse visitation with a noncustodial parent in Florida?

My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More

Destardes Moore
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Destardes Moore
answered on Apr 16, 2025

In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: Will I be allowed to stay in my home during bankruptcy proceedings?

I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2025

I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys...
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