By | November 12th, 2013

QUESTION: My mother got hurt on her right arm and right leg in a local hospital caused by a malfunctioning elevator. She went the same hospital for a check-up but was still being charged for her visit even though she informed them that such incident occurred within the hospital premises. She could not sleep at night and is in pain to the point wherein she even got a fever. Do I have a case? ANSWER: A hospital’s professional duty is “primarily to provide a safe environment within which diagnosis, treatment,.

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By | November 12th, 2013

QUESTION: I was sent to see a pain doctor. He came into the exam room and told me I had to sit next to him. I didn’t want to but he insisted. During his questioning, he repeatedly put his hand on my leg. I dismissed it thinking he was just a touchy person, but later after he said he couldn’t treat me and I was about to leave he said he needed to listen to my heart. So I sat down again and he put the scope down my top.

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By | September 10th, 2013

Ordinarily the burden of proving negligence is on the plaintiff. An exception for this is the doctrine of res ipsa loquitor wherein the burden effectively shifts to defendants to absolve themselves from responsibility or to show that some other defendant or event caused the injuries provided that certain conditions are met. As a general rule, res ipsa loquitur is ill-suited to slip-and-fall cases. No inference of negligence can arise simply upon proof of a fall on the defendant’s floor. This is so even when the fall is associated with a.

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