Blog | Hogan Injury

Liability on Disrupted ICD Caused by Tortuous Act of Landlord

By Patrick Hogan | June 13th, 2013

QUESTION: Is the landlord liable if I get shocked by an exposed electrical wire after the landlord told me to jiggle wires to get the air conditioner working? He lives out of state. I am currently awaiting a heart transplant and have an implantable cardiac defibrillator (ICD) in me. The electrical shock disrupted my ICD unit and needed to be replaced 2 weeks later, which cost about $90,000. ANSWER: Your landlord may be held liable for damages if you can prove that he was negligent when he advised you to.

Deportation of a Naturalized Citizen Due to Multiple DUI

By Patrick Hogan | June 5th, 2013

QUESTION: My dad became a naturalized citizen in the 90’s. He was picked up yesterday for DUI. This isn’t the first DUI he has had, and I was told by a few friends that they can take away his US citizenship and deport him after a certain number of DUI. Is this true? ANSWER: For DUI committed after naturalization, no. Also, a naturalized US citizen will most likely NOT be deported for a crime committed after he was naturalized, unless the naturalized citizen obtained their status through fraud, or have.

Injured by Police Dog Attack: Do I Have a Case?

By Patrick Hogan | June 5th, 2013

QUESTION: Would I have a case against the police department if their dog almost tore my leg off? The calf on my leg is pretty much gone. No charges were brought against me. I can email pictures. ANSWER: That depends on the situation. But the no action could be brought against the police if the dog biting incident occurred during the apprehension or holding of a suspect where the police has a reasonable suspicion of the suspect’s involvement in criminal activity, or in the investigation of a crime or possible.

What Constitutes Deliberate Indifference?

By Patrick Hogan | April 29th, 2013

QUESTION: Can multiple physician refusals of covered emergency medication, specifically denying to provide covered services without stating cause for the refusal, be considered as “deliberate indifference” in medical care? ANSWER: When prison personnel make conscious or reckless disregard of the consequences of their acts or omissions, they may be liable for deliberate indifference. However, the courts have objective and subjective tests that could determine whether there is deliberate indifference or not, depending on the case.

Dentist Performed Dental Procedure Without My Consent

By Patrick Hogan | April 29th, 2013

QUESTION: I went to the dentist last week to replace the filling on my top front teeth and to replace the crown on the back tooth. He replaced the filling in my front teeth and then shortened my front teeth significantly without discussing this procedure with me, why I would need it, what the risk and benefits were and getting my approval to do this. He never told me what he was doing during the entire time he was working on my teeth. When I asked him why he did.

Do I Have a Claim on Injuries that Were Later Developed?

By Patrick Hogan | March 28th, 2013

QUESTION: I fell on a broken pavement outside a grocery store 2 weeks ago. I did not file a report as I did not appear severely injured. However, after a while, the fall caused a spasm disorder to reappear and it was worse than before; I could hardly move my head. For the past two years I have been living a completely normal life despite having cervical dystonia, because it was in remission until the accident at the grocery store. Do I have a case? ANSWER: Even if the plaintiff.

Suing a Psychiatric Care Facility Due to Wrongful Death

By Patrick Hogan | March 27th, 2013

QUESTION: My son committed suicide after not getting help or medication in a mandatory psychiatric holding facility. Can I sue them for malpractice or wrongful death? ANSWER: Psychiatrists, hospitals, or mental health facilities owe a duty of care to take responsible steps to prevent foreseeable suicide. This special relationship is born out of the patient’s dependency on the health care provider who “has some control over the (patient’s) welfare” [Kockelman v. Segal (1998)].

Possibility of a Case Due to Injuries Inflicted by a Minor

By Patrick Hogan | March 26th, 2013

QUESTION: My daughter and a boy were playing soccer outside, when she came running home with a bleeding mouth and broken tooth. She said her playmate pushed her and she fell. We went to talk to the kid and his parent, but the child denied it. Later, when I had the chance when the child was by himself, I asked him what happened and he answered with “she was in my way.” I am enraged by this because my daughter lost her adult front tooth. Can we sue them? ANSWER:.

Liability of Parents on Child’s Willful Misconduct

By Patrick Hogan | March 26th, 2013

QUESTION: My daughter had a fight with a boy in school. He grabbed her shirt from the neck and shook her hard enough to rip the shirt, so my daughter punched the boy once on the face. He then went crazy and bit my daughter just above her breast. When we found out, we went to speak with the father of the boy through a translator. He yelled and said “Did you see it?” referring to his boy’s bruise on the face. He said he will send a picture of.

The Right to Sue County Jail for Injuries Sustained

By Patrick Hogan | March 26th, 2013

QUESTION: I was booked for unpaid ticket class C. While booking, I asked the jailer if he spoke English, then he grabbed me by the back of my neck and threw me onto the wall. I injured my neck and they refused to allow me to speak with an officer in charge, and they also denied giving me medical treatment. I am still in pain from the injury. Do I have the right to sue the county jail? ANSWER: Generally, public entities are immune from liabilities for injuries to or.

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Liability on Disrupted ICD Caused by Tortuous Act of Landlord

Deportation of a Naturalized Citizen Due to Multiple DUI

Injured by Police Dog Attack: Do I Have a Case?

What Constitutes Deliberate Indifference?

Dentist Performed Dental Procedure Without My Consent

Do I Have a Claim on Injuries that Were Later Developed?

Suing a Psychiatric Care Facility Due to Wrongful Death

Possibility of a Case Due to Injuries Inflicted by a Minor

Liability of Parents on Child’s Willful Misconduct

The Right to Sue County Jail for Injuries Sustained

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