Filling a malpractice suit against a LMFT

Can you file a malpractice suit against a LMFT, who wasn't actually licensed legally failed to follow basic rules or laws?

He was retained by me, per court order to theraputically supervise a minimum of 6 visits for my daughter and her felon repeat offender dad. We were to come back and all revisit with therapists input. The previous 5 orders required Pro.Sup Visitation, then ammended to add more restrictions, no contact at all, then pro sup again ($100% on him) then unpro., w/his bro. In between he kept going to jail! After yrs in, q mo after release filed for visits, un suprvsed, ovr nite. I think theraputic was last shot. I found only LMFT willing to do. Explained, gave copy of order saying he needed to contact court with info and clarify payment and expectations. He did not. He lied, collected $200 from me, 0 from him. Refused receipts kept putting off, I nvr red or signed a paper got nada&no supervision?

Nathan’s Answer

How did you confirm LMFT was not licensed?

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Review or give guidelines

Who can review or give guidelines for a letter to submit to bvnpt regarding nursing licensure if I have two duis

I have two dui's and need someone to give me a guideline or review the letter that I am going to submit to licensing board

Nathan’s Answer

Such correspondence is very sensitive, and requires a skilled balance between acknowledging mistake and evidence of rehabilitation (if any). Has legal action been taken against your license? Have you already completed court action on both DUI's? Have you received so called California expungement?

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Medical database

I purchased a medical database through a financing agreement with the bank. How can I get out of it?

The medical database is essentially off the grid, and has a ton of issues. The owners of that database now have my patient files and won't release them to me unless I pay. The bank says its an independent middle man and has nothing to do with the database. I tried to informally negotiate with them, to no avoid. It is difficult to go after the database because none of the owners are responsive and it is a company based in Korea. They are basically a shady company that isn't taking any responsibility. Is there any recourse I have against the bank?

Nathan’s Answer

A diligent and persistent attorney could communicate with the Korean company's counsel, or even US diplomats to figure out what's going on, with you potentially getting an "off the grid" solution to something that can cost you much more than you put in.

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Criminal defense

Do I need to disclose felony as a minor for licensing? (Physical therapy Boards) and how will it affect my licensing

I have just completed my physical therapy education and will take my state licensing exam in 3 months. I am now 30 years old. When I was 15 i was convicted of a felony and tried as an adult for a 211 (wrong place wrong time). Throughout all my background test in school it comes out negative however with livescan my records do come up. How do i approach this situation? I intend to disclose all convictions and felony. And does a juvenile record count? Any advice would be appreciated. Thanks.

Nathan’s Answer

I will weigh in briefly only to add to the excellent answers of my colleagues that touch on post conviction relief and juvenile record interpretation. I would encourage you to sharpen your focus on rehabilitation since you mention "convictions" which may demonstrate a pattern of flouting the law. A robbery at 15 with you treated as an adult for conviction purposes is a steep hill to climb even if it was over a decade ago. It will be that much more important to paint a picture that this was an isolated episode, and if you have other issues in your background, it'll be that much more important to obtain counsel to assist you in how you approach the application. Coming here was a good step and shows you are genuinely interested in taking the time to demonstrate to the agency that you plan on contributing positively to society.

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Wrongfull death cass

What is a good setalment on a wrongfull death cass.

A man fell. Asleep at the wheal n hit. My mother car head on and killed her he has one million in cuveridg and an extra two million dollars on top

Nathan’s Answer

In a matter like this, it would be wise to speak to counsel in California immediately if none has been retained. Many offer a free consultation and it would be wise to shop around to see who sounds trustworthy. I am sorry for your loss and no amount of money can ever replace your mother's life. May she rest in peace.

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Protecting a Nursing license

I am looking for an attorney who specializes in protecting a Nursing license from an agency who wants to place a complaint.

I recently called in sick to an agency Saturday and they seemed my call off unacceptable. I told them the reason ring was that I had body aches. I told them I don't feel good and that i always get sick when I get those kind of symptoms. So I didn't show up Sunday because I had already called off the day before. On Sunday around 12:30- the agency text me telling me that the family was looking for me. I told her I wasn't feeling well and had vomiting and diarrhea. So they said they are going to place a complaint under my license for not showing up and lack of courtesy for calling in. That the patient had no care. Saying they see me as a liability to any patient. Mind you I had called off the day before.

Nathan’s Answer

We all get sick but when one is licensed, they may be held to a higher standard. It's like if I'm due in court on a Wednesday and can't make it in so I call sick. Well if I'm due on Thursday morning as well, I shouldn't expect that my call on Wednesday will rectify it. I may have to call in on Wednesday too! When you are dealing with potential accusations of patient abandonment, it becomes too risky to not place the call and to help maybe find alternate coverage. The liability, even in a civil context, let alone administrative, is just way too high! If an investigator from your respective board calls you, it may be wise to obtain administrative counsel to help walk you and the investigator through what was hopefully a terrible misunderstanding. If you know that you always get sick when you get these kinds of symptoms, this is an admission that you were aware that in circumstances like this, you could not come in. That you failed to advise the entity or agency you work with that you would still not be coming in on a second day or shift can spell adverse effects for your license. Distinguished attorneys have given you their opinion that this might not be a big deal, but that it could be, and that there is concern for your lackadaisical attitude. If this is a reflection of the pathology of your affliction, you might get away with it, but it may be questioned and you might need legal preparation to respond appropriately.

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Juvenile law

Nursing school background check and nclex

I have been admitted to nursing school pending a background check. I have a juvenile record that includes possession of a controlled substance ( 15 years ago) and an arrest for petty theft(18 years ago). I am already licensed as a Registered Dental Hygienist, which I did not disclose my record for as I was thought I did not need to and submitted and passed a Live Scan. I am under the impression that the BRN is more strict. If I have already passed a live scan, are these things even on my record ( I never saw the report myself) Additionally, if I am admitted and apply to take the NCLEX, will I need to disclose my records?

Nathan’s Answer

Juvenile records are usually sealed as they are the result of adjudications under the Welfare and Institutions Code. Arrests also may not be on your LiveScan. That is likely why you are already licensed as a Registered Dental Hygienist since you state you passed their review of your LiveScan then. Instead of waiting to see what the BRN will see, why don't you order a copy of LiveScan for yourself? If there is an error on there (happens often) you can contact the Department of Justice for correction. As another poster has mentioned, disclosure for anything on your LiveScan is a must, and even if disclosures are required for sealed orders, there are artful ways of doing it that counsel can assist with.

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Name your own character in our charity auctions

Law Offices of Nathan Mubasher donated over $3,000 to My Friend's Place. My Friend's Place is a charity that is a professionally staffed drop-in Resource Center serving over 1,700 homeless youth ages 12 to 25 and their children each year. Their primary goal is to lower traditional barriers to service and provide homeless youth with the opportunity to improve their psychological, intellectual and physical capacity to reach their potential.

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Hiring an Attorney; What to Look For – Personality (Part I)

(Part I of a Series on Hiring An Attorney - What to Look For)

When you hire an attorney, you hire years of education, experience and also, personality. Of the three aspects of an attorney that you hire, experience is a must. Experience suggests a familiarity with the way things are done. This familiarity breeds competence, which in turn breeds confidence. Confidence is a personality trait so it should be clear that these three aspects of an attorney are in fact, interrelated.

Education is a given assuming the attorney passed their state's respective bar exam. But education or the fact one is a licensed attorney means little if the attorney does not have a personality. Unfortunately, personality is the aspect that gets the least amount of fanfare in the assessment of an attorney. Usually though, and very fortunately, clients instinctively quickly get a feel for the personality of their attorney in the free consultation.

Is the attorney attentive? Is the attorney smart? Is the attorney organized? While all of these traits are very important, the more nuanced personality traits can sometimes be forgotten to be examined. The importance of retaining an attorney that is both aggressive on behalf of the client's interest but is also open to reasonable settlement offers cannot be understated and that is the focus of this short article today.

Attorneys are advocates, schooled in fighting on behalf of someone else within a system of labyrinthine laws, protocols and procedures that would be daunting to anyone not familiar with the lay of the land. From drafting complaints and serving your adversary, to opening negotiations, and assuming they fail, preparing for mid-litigation motions (like motions for summary judgment), settlement talks, or even a jury trial, your attorney's personality comes into play early on, and often.

I am reminded of the saying that information leads to knowledge, knowledge leads to wisdom, and wisdom leads to foresight, but information alone does not guarantee that one will achieve knowledge, wisdom or foresight. No where is this more true with the way an attorney plans to handle your case. Your attorney may understand the weaknesses in your case, and know when to strategically settle if that is what needs to be done.

Typically, when clients shop for attorneys, they have aggression in mind as the most important quality. While aggression is important, far more important is determination, persistence and the ability to see the big picture. An attorney who is cordial with the other side, yet can advocate your position by hammering away on the other side's weaknesses, while minimizing your own, will do wonders more than an attorney who blusters and bangs on the war drums, only to be casually eliminated or tossed aside in court, where the arguments matter, when the judge or jury shut him or her down.

So far, we've seen that confidence, persistence and the ability to see the big picture are large parts of the attorney personality equation. How does this figure into more nuanced studies on personality of your attorney and how it affects your case? Consider the following: You are involved in a litigation where you are defending a lawsuit as a business owner. The other side is adamant, has filed and served its complaint, and desires to take this matter to jury at all costs.

You may be confident as a business owner that you engaged in no wrong. So you mount a vigorous, and costly defense. You know that there are no statutory grounds for attorney fees if you win. You know that there exists enough good faith and probable cause that you can't sue for malicious prosecution or abuse of process should you win on the merits, after a costly motion for summary judgment or jury trial.

So then?

I've sued the largest banks in the nation for vast sums of damages, sometimes in the millions. Even if the other side was adamant that they were in the right, counsel for the banks would sometimes offer $500 for me to dismiss the complaint. Even if this was an insult for my clients who were homeowners who were mistreated for years by poor mortgage banking procedures, there was a take-away. That takeaway was that there was a willingness to settle that I could not ignore, no matter how small the price was. I would take that small settlement offer and use it as a stepping stone for much larger settlements, many times in the tens of thousands, or for an entirely different settlement.

Had I been the aggressive attorney, with bluster, I would have cost my clients much of their hard earned money, by likewise becoming insulted, and shutting down talks, only to be met in court by a judge or jury who maybe simply didn't see it the way my client and I did. So sometimes, the victory comes early, by settling, either as a defendant or a plaintiff - because it signifies a willingness to be reasonable, and reasonable people can always agree to get along and come up with a creative solution.

That would be another important personality trait to be on the lookout for when hiring an attorney, that of creativity.

Other articles will look at the importance of your attorney checking local rules of the court in which your matter appears, the importance of retaining an attorney a reasonable amount of time before the hearing instead of waiting until the last minute, and finally, the hazards of using a low priced "budget" attorney that quotes a low price, then ends up costing you more.

So how do you test for persistence, determination, ability to see the lay of the land and creativity? Simple. Schedule a free consultation today.

Call (800) 691-2721 and let's talk about your options.

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Misdemeanor crime

Would I have to disclose an expunged infraction petty theft to the board of nursing?

At first it was a misdemeanor that was later lowered to an infraction. A year later it was expunged from my file. I am now ready to take my NCLEX and I was was wondering if I should disclose this to them.

BRN says that I don't have to disclose an infraction less than $1000.

However, in my case, it was a misdemeanor in the first place.

Nathan’s Answer

When in doubt, disclose. The BRN statement excludes minor traffic violations but says nothing about excluding other infractions. Additionally, since your infraction deals with theft issues, that could easily go reflect on "professional conduct" and the Board will want to know about it. It can be addressed in a manageable way that may allow the BRN to allow you to proceed without issue. Do not rely on advice from someone who is a staff worker at the BRN. Do not convince yourself that if you convince yourself strongly enough that you don't have to disclose, that the BRN will agree with your analysis. You will then be dinged for both the infraction involving theft AND failure to disclose, which will be dealing with dishonesty, which also reflects upon professional conduct. Proceed cautiously, and preferably with counsel by your side.

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