Oklahoma Recent Legal Answers from Lawyers

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, different offices have different standards for whether a case is worth prosecuting.   If you are interested in pursuing this further 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. 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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.   Click here, for more information about me.     Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  ... Read Answer

Yes, paying fines and doing time are both possibilities on a felony charge. But that shouldn't be your first plan. Your first plan should be to hire counsel and see if you might qualify for an own recognizance bond instead of a paid bond. Then you and counsel can determine your best course of action.... Read Answer

You cannot simply change your status from nonimmigrant visitor to immigrant. To obtain a green card, you typically must have an immigrant visa petition approved. An immigrant visa petition can be filed by a family member or employer. There are opportunities to for nonimmigrant status or a green card through investment. The amounts involved and eligibility will depend upon the exact path you wish to pursue. You can read more about immigration benefits through investment at http://myattorneyusa.com/investment-immigration.... Read Answer

Starting with the last point first, counsel often do not communicate with family members because there is no benefit to the defendant to do so. The time spent talking to family members, which often is limited to there is nothing counsel can tell them, at least not which advances the case for the defense, is time that should be spent on the defense of their relative. Hearing dates will be posted on oscn.net or odcr.com, depending on where the defendant is awaiting trial. As to why no new date as yet, the reasons can be many. There may be a report that is coming that is necessary before there is a new hearing. There may be some form of negotiations underway.... Read Answer

You should have received the replacement green card based upon current processing times. You may want to consider scheduling an infopass appointment at your local field office. You can inquire about the status of the replacement green card as well as request a stamp in your passport that is proof of your residence.... Read Answer

There is no one situation that makes a person eligible for refugee or asylee status. The person must establish he/she has a well-founded fear of persecution in his/her native country on account of race, religion, ethnicity, political opinion, or membership in a particular social group. You can read more about refugee and asylum protection at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

First, if you are not on board with it yet, you should get on board that the divorce is going to happen, and it looks as though he is waiting for you to say enough and file, saving him the filing fee and letting his fragile male ego pretend it wasn't him that brought this on. Second, you do not have to take physical or other abuse from him. That you have not already called the police is on you, not him. Domestic abuse, particularly in front of minors is treated harshly by law enforcement and prosecutors alike. You say you can not afford, but have you spoken with counsel yet about payment plans? Have you spoken to Legal Aid since you have limited employment? Yours is a ten year marriage. Your final terms, and even temporary orders, can potentially include him keeping the mortgage current, child support and spousal support, and maintaining the marital debt. You have options that do not involve being abused or sleeping on a couch in fear.... Read Answer

Same way everyone does. You call the police. You tell them you want to report a crime. You tell them what happened. You confirm you will sign off the complaint and be available as a witness if a charge is filed by the government. Citizens ask for charges to be brought, but the final decision rests with others. If there is an existing protective order and you allege it has been violated, it will be treated seriously. If you feel your report is not being treated seriously, ask for the responding officer's supervisor. If you want to sue your relative for any damages you have suffered, hire civil counsel of your choice.... Read Answer

You state you were not injured.You state the vehicle was a total loss. You state a passenger side recall you knew nothing about. You do not indicate any recall exists on the driver side bag. No injuries means no damages.No damages means no viable litigation. One can not collect on what might have happened, but did not. You can collect on the property loss, at fair market value, from the insurance of the at fault driver, or your own comp/collision policy.... Read Answer

What happens now is that you are not actually marriedm to your present presumed spouse. Nor were you actually married the second time you thought you were married. You can not legally marry someone when you are already married to someone else. Get divorced from spouse 1. Legally marry spouse 3.... Read Answer

There is no one answer. Any custody decision will be based on the best interests of the minor child. Is there a spouse to the mother who is the legal father? Is there a paternity decision regarding the bio father? Is the child presently in DHS custody? Is there any form of legal guardianship in place? Is there any issue with the safety and well being of the child being placed with the bio father? Sit down with counsel of your choice.... Read Answer

No. Your son cannot use a visitor visa to enter the country when his intent is to remain permanently. You need to file an immigrant visa petition to bring your son to this country. Your son will need to wait his turn to immigrate. What you are proposing can make your son permanently inadmissible for material misrepresentation. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

No. Your son cannot use a visitor visa to enter the country when his intent is to remain permanently. You need to file an immigrant visa petition to bring your son to this country. Your son will need to wait his turn to immigrate. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

If you can find him, and if you can establish the person who fled was the driver (wallet may belong to a victim of theft, not the driver), and if you can establish the accident was the other driver's fault, you may be successful in bringing a claim against the other driver or the driver's insurance. If he in fact stole the rental car, the rental insurance carrier is not a source of funds.... Read Answer

Your home grown agreement is worth the paper it is printed on, but not much more. If you believe the children are better off remaining with you for now, obtain counsel and file an emergency guardianship petition, together with a temporary, or permanent, guardianship petition. Do not use forms off the internet. Hire counsel.... Read Answer

Attorney will likely seek to withdraw due to not keeping your agreement. Court can reassess your indigent status if you request. May still find you are not indigent. Yes, it is possible you could be deemed a flight risk and your bond reevaluated and increased. As you have no funds for a larger bond, you could end up sitting in jail.... Read Answer

Ignorance of the immigration law will not excuse what you did. I understand you were desperate, but you may lose your residence for alien smuggling for which there is a very limited waiver. You need to take the Form I-213 and any other documentation you received from CBP to an experienced immigration attorney for review. Whether a waiver will be available will depend upon the specific allegations in the Form I-213. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

It is acceptable he can document his whereabouts, but such charges are usually couched as on or about date x, rather than at 4:00 pm n date x. What you can do is help him secure counsel, lend moral support, and stay out of the way except as requested by counsel. You can not fix this for him beyond that. It is for he and his counsel to resolve.... Read Answer

Signing what papers? Is there a child involved? Hire counsel is what you can do. Do not sign anything without seeing counsel first. Yes, she can still try to have charges brought. Doesn't mean charges will be brought, nor that you would lose if they are. But definitely keep your mitts to yourself if you don't know that already.... Read Answer