Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 11 to 20 of 24
  1. #11
    Join Date
    Jan 2006
    Posts
    38,776

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    How do you operate your business if you are disabled? Operating a business tends to prove you are not disabled such that you would qualify for disability benefits.




    You have caused your own problem by wanting to argue religious exemption (exemption from what you have not stated and that does make a huge difference in whether a religious exemption might be allowed) now but don’t want to claim if it applied before. What changed such that it wouldn’t be applicable before and if it was applicable before, why did you never object to whatever you are seeking an exemption from based on your religious beliefs regardless of whether you were aware of religious exemptions? A devout person doesn’t make a claim only if they believe it provides them relief of,some sort. They refuse whatever based on their religious beliefs and then if negative action is taken, they contest the action seeking a religious exemption.

    Truly devout people decide based upon their religious beliefs regardless of the result. You seem to have not had a problem with anything before you learned of a possible religious exemption but suddenly now want to stand behind your religion to argue your point. It doesn’t work like that.

    One very important issue you didn’t address here is how does your devotion to your religion actually affect your case? There has to be some issue addressed by your religion that would allow you to seek exemption of a specific requirement of the law. You haven’t given any reason your religion would protect you from any given requirement of the state. You don’t get to just throw out the religion card and expect to be given a free pass on everything.

    an example of a religious exemption would be where your religion prohibited certain medical treatments (example: some religions prohibit blood transfusions so you could claim an exemption based on your treatment involving blood transfusions) If your religion prohibited medical treatment of some sort but you received some such treatments and refused other similar treatments, you lost the argument because you subjected yourself to the treatments disregarding the tenets of your religion, some of the time, especially if you didn’t bring up the issue at the time of the treatment. That shows a lack of devotion required to claim the exemption.



    oh, and this has nothing to do with medical malpractice.

  2. #12

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Religion is faith based. It is private, it is between you, and whomever you chose. It may be your family, it may be your lord, it is yours. There is no obligation to provide any further explanation to a court, judge, or anyone, especially when there is a religious notated exemption. In fact, one can go a step further. If a court asks such a question, one could simply defer to their church for the answer. Or, abstain.

    Either stick to the OP question, or FO.

    You are going way far off topic.

  3. #13
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,432

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting ajmcello78
    View Post
    Religion is faith based. It is private, it is between you, and whomever you chose. It may be your family, it may be your lord, it is yours. There is no obligation to provide any further explanation to a court, judge, or anyone, especially when there is a religious notated exemption. In fact, one can go a step further. If a court asks such a question, one could simply defer to their church for the answer. Or, abstain.

    Either stick to the OP question, or FO.

    You are going way far off topic.
    You are not the referee here, to decide how the conversation is going to go. You present contradictory information and then call it a personal attack when you're called on it...just like some other high profile politician these days.

    As noted before. Hire an attorney. It's going to be your best bet.
    "Where do those stairs go?"
    "They go up!"

  4. #14

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    No, I presented simple facts, when pressed for more, I added, then was attacked, by you and others.

    A question was asked, but an answer could not be simply provided without going overboard.

    Did I say I was a ref? The obvious is obvious. Also, did you know that I am the author of this post? That also gives me some credence and authority as to how this all unfolds on here.. However, a couple of you went sideways, wrongways, and whichever way you want to explain it.

    I asked a question to get an answer to my problems, not be accosted and lambasted. Why can't you keep yourself on topic? You and others derailed my OP question. Gee, thanks.

  5. #15
    Join Date
    Jul 2010
    Posts
    7,668

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting ajmcello78
    View Post
    It may be your family, it may be your lord, it is yours. There is no obligation to provide any further explanation to a court, judge, or anyone, especially when there is a religious notated exemption.
    That is actually incorrect. The court can require you to establish your religion's bonifides before accepting a religious exemption. For example, look at cases where people have sought to be allowed to possess and use controlled substances as part of their religious dogma/ceremonies.

  6. #16
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,432

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting ajmcello78
    View Post
    No, I presented simple facts, when pressed for more, I added, then was attacked, by you and others.

    A question was asked, but an answer could not be simply provided without going overboard.

    Did I say I was a ref? The obvious is obvious. Also, did you know that I am the author of this post? That also gives me some credence and authority as to how this all unfolds on here.. However, a couple of you went sideways, wrongways, and whichever way you want to explain it.

    I asked a question to get an answer to my problems, not be accosted and lambasted. Why can't you keep yourself on topic? You and others derailed my OP question. Gee, thanks.
    This is you attempting to control the flow of this discussion and it happens more than once.

    You provide contradictory information and that you are the OP doesn't provide you with great credibility. If your problem is so complex that you cannot clearly present it so that we can makes head or tails of it then you need to pay an attorney if you cannot interest one to take your case on a contingency basis. This isn't a case that you'll be able to handle on your own - most malpractice cases shouldn't be handled pro se - but given your propensity to take great umbrage at being contradicted or criticized you would be setting yourself up for a being charged with contempt of court.

    I'm out.
    "Where do those stairs go?"
    "They go up!"

  7. #17
    Join Date
    Jan 2006
    Posts
    38,776

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting ajmcello78
    View Post
    Religion is faith based. It is private, it is between you, and whomever you chose. It may be your family, it may be your lord, it is yours. There is no obligation to provide any further explanation to a court, judge, or anyone, especially when there is a religious notated exemption. In fact, one can go a step further. If a court asks such a question, one could simply defer to their church for the answer. Or, abstain.

    Either stick to the OP question, or FO.

    You are going way far off topic.
    Sorry but simply claiming it’s a religious matter doesn’t get you anywhere. You have to prove to them that whatever you are seeking exemption from is due to it violating some tenet of your sincerely held religious beliefs. If you can’t do that, you will not be granted the exemption

  8. #18
    Join Date
    Jun 2014
    Posts
    3,093

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    No judge will take a person's word alone. Objective evidence will be required.

  9. #19

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting jk
    View Post
    Sorry but simply claiming it’s a religious matter doesn’t get you anywhere. You have to prove to them that whatever you are seeking exemption from is due to it violating some tenet of your sincerely held religious beliefs. If you can’t do that, you will not be granted the exemption
    Simply not true. As I stated, the religious exemption was non specific and written without details. It is part of a legal charter that is used as the bible for when such cases arise and is challenging the proceeding.

    If I signed an agreement, and in those notes, it says I am exempt from everything if it is against your religion or beliefs, and that is it, it's going to be quite difficult to press it further and enforce. You are also assuming my beliefs are in some sort of violation. Why do you say that? What evidence do you have I'm violating my beliefs and religion?

    Do you know how many religions there are? Do you know how many ancient religions exists? Do you know I can create my own religion? I think I mentioned I own a church, a religious organization. It is exempt on many levels of the law and by the IRS. It is charitable.

    Do you remember Joseph Smith? He came around a couple hundred years ago. His story sounds like an acid trip, or maybe he ate some shrooms, or maybe he was a descendant of God, a prophet. I don't have the answer, but he created a religion with many followers out of the blue.

    You don't know my Churches bylaws, its constitutional merit, its religious and belief system and how its governed.

    If for some reason I was pressed for more information, I would argue it and appeal it. And if I did, I'm the only person appointed to represent the church. The Judge would have to listen to me and most likely take my word for it or requests more details.

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

    However, the point is moot. I didn't use this argument. My question was answered. Then you derailed my OP.

    Quote Quoting free9man
    View Post
    That is actually incorrect. The court can require you to establish your religion's bonifides before accepting a religious exemption. For example, look at cases where people have sought to be allowed to possess and use controlled substances as part of their religious dogma/ceremonies.
    I can't comment on illegal matters, such as controlled substances that are attempting to get an exemption. This is absolute nonsense to compare to my OP question. I mentioned religions and beliefs, perhaps spiritual. Nothing i said constituted illicit substances or drug abuse. A belief, such as your spiritual guide, your higher calling, your God, is not illegal.

    There are limits. Obviously you can't snort a bunch of cocaine and say God said I could, or shoot someone and use the same excuse. But you brought it up, illicit substances.

    You know, I just may make this my signature.

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

  10. #20
    Join Date
    Jul 2010
    Posts
    7,668

    Default Re: Medical Malpractices by Way of State Mandated Medical Treatment

    Quote Quoting ajmcello78
    View Post
    I can't comment on illegal matters, such as controlled substances that are attempting to get an exemption. This is absolute nonsense to compare to my OP question. I mentioned religions and beliefs, perhaps spiritual. Nothing i said constituted illicit substances or drug abuse. A belief, such as your spiritual guide, your higher calling, your God, is not illegal.
    Are you obtuse or just trolling? I gave that as an example of why the court DOES NOT simply have to take your word that a religious exemption should apply as you stated. They are allowed to seek clarification and proof that it is a legitimate religion and a legitimate religious belief.

    1. Sponsored Links
       

Page 2 of 3 FirstFirst 1 2 3 LastLast

Similar Threads

  1. Disputing Debts: Forced Medical Treatment
    By U-Gin in forum Debts and Collections
    Replies: 3
    Last Post: 03-26-2012, 11:42 AM
  2. Medical Malpractice: Barred from Medical Treatment
    By Crossroads in forum Malpractice Law
    Replies: 5
    Last Post: 09-02-2008, 04:35 PM
  3. Refusing Medical Treatment
    By cookiedough in forum Police Investigations
    Replies: 4
    Last Post: 04-02-2008, 12:11 AM
  4. Traffic Accidents: Liens for medical treatment
    By lobsang in forum Accidents and Injuries
    Replies: 1
    Last Post: 12-31-2005, 03:59 PM
  5. Traffic Accidents: Did not ask for medical treatment, but was injured
    By Kaihla in forum Accidents and Injuries
    Replies: 1
    Last Post: 10-06-2005, 08:57 AM
 
 
Sponsored Links

Legal Help, Information and Resources