When a patient has reason to believe that he or she was harmed by a doctor or other medical professional who failed to competently perform his or her medical duties, there may be grounds for filing a medical malpractice lawsuit. To prove such a case, the patient must first establish that a doctor-patient relationship existed. In order to hold the physician liable for medical malpractice, the patient must also show that the doctor deviated from the appropriate medical standard of care. In addition, the patient must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Finally, the patient must show that the injury caused by the doctor’s negligence led to specific damages.
For this or any other legal issue, please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508) 548-6600 to schedule a consultation to review the details of your case. We are located at Old Bailey Court, 99 Town Hall Square. Call us
Those starting new businesses should know that the simplest form of business is a “sole proprietorship,” which is not a legal entity and simply refers to a person who owns a business and is personally responsible for its debts. While …Continue reading →
Would-be plaintiffs in personal injury cases who point to the negligence of others as the cause of their injury might want to examine their own behavior before they initiate legal action. The notion of liability revolves around the simple fact …Continue reading →
The Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons. While law enforcement agencies must apply for a search warrant before conducting a search of the person or premise in issue, the “plain view” doctrine permits the search, seizure, and use of evidence obtained without a search warrant when such evidence was plainly perceptible in the course of lawful procedure and the police had probable cause to believe it was incriminating. So, if the police can search any containers in an immediate arrest area, can they also search a cell phone? The Supreme Court says “no,” because, unlike ordinary containers, cell phones contain digital material that is vast and personal.
Keep in mind that an officer is permitted to conduct a frisk, in which an individual’s clothing is patted down, if the officer has a reasonable suspicion that the driver or passengers are armed or otherwise pose a threat. The purpose of the frisk is to ensure the officer’s safety; it is not considered a search within the meaning of the Fourth Amendment. For this or any other legal issue, please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508) 548-6600 to make an appointment. Our office is at Old Bailey Court, 99 Town Hall Square.