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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor

    If you're approaching the statute of limitations you need to stop worrying about "what if's" and find a malpractice lawyer willing to commence litigation. And yes, you can expect that lawyer will want to review your medical records, so don't shoot yourself in the foot by continuing your refusal to provide them.

  2. #12
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor

    Quote Quoting seacliff
    View Post
    Thanks for your reply. In your estimation how much time would be needed in a complex case for an attorney to acquire the info he/she would need from a roster of experts & to solidify things? I'm getting close to my statute of limitations & it would be prudent to stay within this timeframe. But, I believe the clock starts when you first realized you had an issue. ?? Unfortunately, I'm just beginning to realize the extent of my issues. Getting off topic, what are your thoughts on a doc losing a part of your medical file after learning you're moving forward with legal action against a buddy. I've become so jaded throughout this process I'm losing sight of what's appropriate.
    I am not foolish enough to hazard a guess on how long it will take to prepare a case that I know nothing about. But, an attorney can file a case to deal with the statute of limitations without doing any of that preparation. Records can and do get lost for a variety of reasons, so what you hypothesize could happen. In my experience the bigger issue on a patient "losing sight of what's appropriate" is the patient misunderstanding the medical issues involved and greatly overestimating the monetary value of the case.

    But, your course of action should be to find an attorney. Since you are quite emotional about the situation, I'd recommend that you put together a 2 to 3 page factual paper stating what happened and what you feel the case is. Providing that paper to attorneys and even to gate keepers that have previously turned you down will help the attorneys be able to understand the case far better than a disjointed emotional telephone call would.

  3. #13
    Join Date
    Jun 2010
    Posts
    10

    Default Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor

    I have provided extensive documentation but am told I need to prove significant documented damages. What I have provided thus far has not been adequate & I'm in the process of gathering additional in depth reports.

  4. #14
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor

    Quote Quoting seacliff
    View Post
    I have provided extensive documentation but am told I need to prove significant documented damages. What I have provided thus far has not been adequate & I'm in the process of gathering additional in depth reports.
    Well, this appears to me to inconsistent with your previous postings and ignores the advice that has been provided to you here. It begs the issue of who it is that you have provided this extensive documentation to. But, you are on your own path, and that is fine. It is your situation to pursue as you chose. There is really nothing farther I can offer you other than to wish you good luck.

  5. #15
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor

    Quote Quoting seacliff
    View Post
    I have provided extensive documentation but am told I need to prove significant documented damages. What I have provided thus far has not been adequate & I'm in the process of gathering additional in depth reports.


    Quite simply, if you cannot find an attorney to take your case....you really don't have a case.

  6. #16
    Join Date
    Jun 2010
    Posts
    10

    Default Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor

    Thanks all for your great advise. Appreciate it.

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