You can sue for medical malpractice if your physician’s care deviates from accepted medical standards of care. For example, if your physician misdiagnoses you, fails to diagnose you, makes surgical errors, or fails to provide necessary follow-up treatment, you may have a case.

Question: Judge Mathis, we rented out our mobile home to a young man and he left owing us money for rent and for damages to the home. We tried many times to contact him but he would not answer. Please tell us what to do.

The Judge’s Answer: You will have to hire a private investigator to find him for you so that you can sue him for the money that he owes you.

No, Karen, a small claims judge cannot grant a restraining order. You must file a separate complaint to obtain a restraining order which is done through a different court altogether. If you are suing someone in small claims court because they are harassing you, the judge can only grant you a monetary award.

Question: Should a married couple make out a Will even if they have a happy family and children to sort things out for them after they pass?

The Judge’s Answer: Yes. Wills are advisable because they ensure that your wishes are carried out the way you and your spouse want and it prevents your children from fighting over your property.

Yes, you are. If you agreed to split the winnings, you are liable to your coworker for his share of the winnings, minus his portion of the cost of the ticket, per your agreement.

Question: Someone lets you stay in a house and tells you that you don’t have to pay anything, but 6 months later they want you to pay rent and you start paying it until 4 months after that they go up on the rent by another 200.00! You tell them that you can’t really afford it and after you have this conversation they tell you that you have to be out in a week! Can I sue?

The Judge’s Answer: You can’t sue them for asking you to move. However, you can sue if they forcefully remove you from the premises, change the locks, or throw your belongings out.

Well actually your friend would file a federal wrongful conviction claim. Your friend must prove that some act by the police or prosecutor led to his wrongful conviction, such as mishandling of forensic evidence or coercing a false confession.

Question: Judge Mathis, five years ago my daughter asked me to take care of my 2 year old grandson until she got back on her feet. He is now 7 years old and she has only visited him twice since I’ve had him, she doesn’t even call and talk to him on birthdays or holidays. She doesn’t send money or anything for him and now she has two other kids ages 3 and 1. The boy’s father walked out of his life when he was born. How do I go about getting legal custody of my precious grandson?

The Judge’s Answer: You can file a petition to obtain legal guardianship over your grandson or you can seek to adopt him. In order to adopt, you must file a petition to adopt and give the child’s natural parents notice of your petition. The Court will order you to complete a background check to determine your criminal history and if you have ever been charged or indicated in the abuse or neglect of a minor child. If the natural parents don’t consent to the adoption or there rights have not been terminated, they can file an opposition to your petition to adopt. In that case, an attorney will be appointed for the child.

If your daughter’s teacher made false statements about your daughter that prevent her from making the team, you may sue your daughter’s teacher for defamation.

Probably not. Losing the belt was not a substantial breach of their agreement to clean the dress. At most, you are entitled to the value of the belt.

Question: I found out my employer is paying me at a lower wage rate than those hired after me. This is the SECOND time this has occurred with this employer. Do I have any legal recourse in this matter?

The Judge’s Answer: You are entitled to the wages you were contracted for. However, if you think your employer is paying you less for doing the same job as someone else due to your race, gender or religion, you should contact the EEOC (Equal Employment Opportunity Commission), you may have a discrimination claim against your employer.

Yes. The legal term for it is adverse possession. This means that if a person takes possession of a property for a number of years (normally 5-15 years) without the owner’s permission, he gains control over it.

Question: A village truck hit my parked car and their insurance will not pay for the damage, claiming that there is a law that protects them from this. Is this true?

The Judge’s Answer: Under the governmental immunity law, government employees are protected from lawsuits if the act of the government employee that gave rise to the lawsuit entails the exercise of discretion and judgment. In this case, it appears that your car was damaged due to the negligence of the village worker in operating the village truck. The governmental immunity law will not apply in this case and you have a valid claim against the village.

Yes. However, your friend’s parents must prove that your parents knew or should have known that underage drinking would occur and failed to provide proper supervision to prevent underage drinking. There is no other circumstance that would make your parents liable to your friend’s parents because your friend crashed his car after getting drunk at your home.

Question: Judge Mathis, a dog was given to me after I answered an ad on Craigslist that stated “free Yorkie for you”. I met the lady who placed the ad and she gave me the dog, a bunch of supplies including a carrying case and his favorite blanket! A day later her angry husband calls my job saying that I stole the dog!? What can i do?

The Judge’s Answer: If the woman owned the dog and gave it to you, you are the rightful owner of the dog. A completed gift is irrevocable.

You may obtain a child support order against someone who is incarcerated because he or she is legally obligated to support his or her child. However, it will be difficult to collect if the person is imprisoned and is unemployed. Most likely collection will be abated until the parent receives some form of income.

Yes. If your landlord has made it uncomfortable for you to reside on the premises and has interfered with your enjoyment of the premises, he has broken the lease and you may move. You may file a claim in federal court for sexual harassment and may be entitled to damages that include civil penalties and punitive damages. You may also sue in your local state court for a constructive eviction, meaning your landlord made it so unbearable for you to live there that you had no choice but to move and break your lease. In some cases, you may even be entitled to the difference between the rent for your new place and the rent for the home you are trying to move out of.

If you and your boyfriend owned the dog jointly, your boyfriend’s daughter may only be entitled to one-half its value. If you want to keep the dog, you may have to buy out her interest in the dog. If the dog belonged to your boyfriend, his next of kin will be legally entitled to all of his assets, even the dog. If you live in a state that recognizes common-law marriage and you meet the requirements for a common-law marriage, you may be entitled to a share of your boyfriend’s/husband’s estate, including the dog.