Hawaii Recent Legal Answers from Lawyers

If your mother was competent, they would not have to ask you for permission for the stress test. Obviously, however, it is disconcerting that your mother died from a diagnostic test that was performed while she was in a hospital.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

Generally, workplace safety issues are covered by OSHA.  Also, in general, there is no private right of action under the OSHA laws.  Safety violations have to be directed to that agency which will then conduct its own investigation if it decides to do so.  But I am not a Hawaii attorney so you should contact a local attorney for a more specific answer under both the federal and your local state laws.... Read More

Yes. This happens all the time. As long as there is some legitimate corporate purpose for the payment (such as compensation for services in accumulating the cash pile or selling the assets), the board of directors of the corporation may approve such a payment. Normally, the board's judgment in such matters is respected by the courts.... Read More

How old are you? Is your mom receiving SSI or SSD?  My guess is that you are under 18, and your mom receives SSD....  If that is so then your legal guardian should receive the check. You can go to your local Social Security office with your legal guardian and speak with them.... Read More

There are no requirements to begin a general partnership other than agreement to begin a partnership.  There are numerous problems associated with this, however.  You should consider consulting with a local business/corporate attorney to discuss potential problems with partnerships, and if other legal entities may be better suited to your particular situation. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It is hard to say whether you received negligent care. Not every diagnostic failure is caused by medical malpractice. If you did not complain of symptoms commonly associated with a UTI infection (Click here) then the doctor's failure to diagnose this condition was probably not negligence. Beyond this, despite the sepsis and five day hospital admission, you probably do not have a financially viable case.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

Most contracts are valid even if they are not in writing.  The agreement you allege - that you will be paid for services provided - appears (from the limited information provided in your email) to be a valid oral agreement.  Therefore, if you are not paid for your services, you should have a valid claim for breach of contract.... Read More

This is why you need to hire a knowledgeable attorney to buy and sell real estate. Short answer: no you are not entitled to rescind the transaction. you are entitled to sue the former owner and get damages. The issue is whether or not they are collect able. However, before you do that. Contact the title insurance company that issued the title insurance to you to support the deed that you received when you purchased the house. That is what protects you from liens of this type title insurance. The title insurance company only has a defense if they listed it as an "exception" to the insurance and you ignored the exception. BTW What kind of Lien? If it is a construction lien you have a defense, they are only good for 1 year in Michigan. And can be removed easily without litigation.... Read More

Whether you can keep assets in a Chapter 7 case depends on their value, the amount of liens against them, and the exemptions you have available under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. For more information, you need to have a consultation with a bankruptcy attorney in your area. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

As you sponsored your son under the F-1 category as the unmarried son of a U.S. citizen and his status automatically changed to F-3 as the married son of a U.S. citizen, his subsequent divorce allowed him to return to the F-1 category without loss of priority date. That is because there has never been a break in his eligibility to immigrate. Opposed to your son's situation are those in which green card holder parents sponsor their unmarried sons or daughters over the age of 21 under the F-2B category for unmarried sons or daughters of permanent residents who during the process marry and then divorce with the parent remaining a green card holder during this time. In the latter example, there is a break since there is no visa category sponsorship possible for a married son or daughter of a permanent resident and therefore in that case as opposed to yours, the priority date is lost.... Read More

An attorney might be able to negotiate a compromise of this claim for you. As a general matter, when you are a joint and several guarantor of a loan, the lender can collect the entire debt from any guarantor. This is not good for you. The fact that your resources are limited is not good for the bank.... Read More

There are some aspects of your question that don't really hold together. First, if you did not intend the shop to make repairs, why did you pay them $5,000 for parts? What did you expect that they would do with the parts? Second, why didn't you call or stop by after the lapse of several months or even the first year? What did you think they were doing with your car during this period? It is customary in the auto trade for a repair shop to charge the customer for storage after the customer knew, or reasonably should have known, that the repairs were complete. You are going to have a problem with your inaction for so long. You will probably need to engage a local attorney to assist you in resolving this.  ... Read More

That is a very fact and state specific question.  You need to consult a local employment law attorney to review the non-compete, and determine if your situation is similar enough to your previous employer to prevent you from working for your current employer. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies. ... Read More

Any prolonged absence will indicate your son has abandoned his intent to remain in the US permanently.  He should plan to return to the US regularly while studying in the Philippines and he should maintain strong ties with the US during the entire time he is away.   His absence will affect his ability to apply for citizenship, which requires a continual presence in the US with only occasional absences.... Read More

Most criminal matters older that five years are typically not a factor for determining good moral character needed for citizenship.  Nonetheless, older criminal matters can influence a good moral character decision.  I recommend you hire an attorney to help you apply for citizenship given these circumstances.... Read More

The answer is "it depends." As a general matter, directors of a homeowners association owe no duty to individual members; they owe their duty to the association. Thus, as a purely legal matter, you may be relegated to making your inquiries in official meetings of the association. That, after all, is what meetings of the association are for. All of that having been said, it's a free country, and you are free to write or call anyone. They have no duty to respond to you.... Read More

Healing problems in diabetics are a well known problem. The question is whether accepted standards of care required the doctors to do more to avoid an infection, which ultimately traveled to the bone and caused osteomyelitis. Contact a local medical malpractice attorney (one in Hawaii). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case.... Read More

Unless you are consulting a Cayman Islands attorney or someone familiar with Cayman Islands customs, you are unlikely to get a meaningful response. Remember that it is not just cash but financial instruments that count in the $10,000 obligation, so if you $7,000 cash and a Caymans cashier's check for $5,000 you need to file the US delcaration upon entry.... Read More

I'm sorry you and your wife are going through such a difficult time. You posted your question under the legal topic area of Immigration, and it does not seem to have any relevancy to immigration (which is my area of professional experience). I suggest you repost it under a different topic, such as litigation or business, or intellectual property. Or contact an attorney who concentrates in one of those areas.  Aloha.... Read More