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  1. #1
    Join Date
    Mar 2005
    Posts
    2

    Default Statute of Limitation for Medical Malpractice

    The year is 1999, I did not have a job, and no money I could not finish my four years college degree. Furthermore, my mother wants to kick me out of the house, so she call the Police to arrest me. Instead of send me to jail, the police send me to the mental institution. Several days later, the doctors have diagnosed me with a Bipolar Disorder through several simple questions: “Have you heard voice in your head?” “Have you ever thought of killing yourself?” “Have you ever thinking of killing any one else?” I believe the answer is so obvious that I shouldn’t write it down.
    For the past four years, I have continued with my education and finish my four years degree and continue with my MS degree. The doctor has prescribed me with 3 pills a day for the disease. In March 2004, my doctor calls the Social Security Office and declared that I’m cure of the disease. However, a social worker thinks my doctor is making a mistake, so she sends me to another doctor for the evaluation. The date of the first evaluation was July/15/2004, and I miss it. Since that time, I haven’t consulted any doctors and haven’t taken any medication and the best of all, I’m feeling great. I don’t believe that I ever had the disease.
    My question is when is the Medical Malpractice Statue of Limitation started: is it, the years I started the treatment, July of 1999? Or the date the doctor declared that I’m cure, March 2004? The Statue of Limitation for Medical Malpractice in California is 2 years right?
    Furthermore, I have one year to file a claim when I discover the Medical Malpractice. My question, then, would the discover date be July 2004 when the social worker set me for further evaluation or this week, March 2005, when I officially mail a letter to the social security office declare that I never have the mental disorder and pursuing a lawsuit against them.
    In summary, this letter is a question about the Statue of Limitation and how long do I have to file the claim before my right is expire? The problem is I could not get any one to take my case, for several weeks now. The lawyers don’t even want to discuss the case with me. This is suck.
    Thank you,
    John

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statue of Limitation

    Quote Quoting doePhan
    For the past four years, I have continued with my education and finish my four years degree and continue with my MS degree. The doctor has prescribed me with 3 pills a day for the disease. In March 2004, my doctor calls the Social Security Office and declared that I’m cure of the disease. However, a social worker thinks my doctor is making a mistake, so she sends me to another doctor for the evaluation. The date of the first evaluation was July/15/2004, and I miss it.
    So you were collecting Social Security Disability on the basis of a disease you now claim not to have ever suffered? Are you alleging misdiagnosis in 1999? And that you did not suspect misdiagnosis until 2004?

    Quote Quoting doePhan
    My question is when is the Medical Malpractice Statue of Limitation started: is it, the years I started the treatment, July of 1999? Or the date the doctor declared that I’m cure, March 2004?
    Normally the statute would start to run on the date the injury is known. In your situation that would probably be the date you first knew or reasonably should have known of any misdiagnosis.

    Quote Quoting doePhan
    The Statue of Limitation for Medical Malpractice in California is 2 years right?
    Generally the suit must be filed within one year of discovery, to a maximum of four years after the injury occurred.

    Quote Quoting doePhan
    My question, then, would the discover date be July 2004 when the social worker set me for further evaluation or this week, March 2005, when I officially mail a letter to the social security office declare that I never have the mental disorder and pursuing a lawsuit against them.
    Who are you alleging committed malpractice? From what I understand, you believe that you received a correct diagnosis in July, 2004. As for suing the Social Security Administration, if that is what you intend, they didn't diagnose you. You applied for benefits, and they approved your application based upon the medical evidence. You should consult a lawyer about how the Social Security Administration would respond to your claim that you were not entitled to the benefits they paid to you.

    Quote Quoting doePhan
    In summary, this letter is a question about the Statue of Limitation and how long do I have to file the claim before my right is expire?
    That is a determination that must be made in consultation with a California medical malpractice attorney, who is familiar with the facts and history of your situation, and who can fully evaluate your case in light of the statute of limitations to determine when the statute started to run and, if necessary, if it was tolled by late discovery or any other legally sufficient basis.

    Quote Quoting doePhan
    The problem is I could not get any one to take my case, for several weeks now.
    I urge you to keep trying.

  3. #3
    Join Date
    Mar 2005
    Posts
    2

    Default

    Thanks for the message. I'm trying to put a lawsuit on the doctors.

  4. #4
    Join Date
    Sep 2005
    Location
    ca
    Posts
    8

    Default statute of limitations

    Before you wast you time filing a lawsuit you should find out if you have a case. In order to show proffesional negligence you must show that your physicians treatment was below the standard of care of others in his proffesion. This would require you to obtain copies of your case records from him and submitt them to another doctor for review. Unfortunately, psychiatrists diagnose people with bi-polar based upon very little observation and questions are all they have to go on. If you are worried about the statute you and you do not have an attorney you can look up the elements of a proffesional negligence claim and file yourself but once you do so things will move quickly in court. You will also need to notify the doctor that you intend to sue him. Also, not to minimize this point by adding it here, you will also need to show that you have been injured by his mal-practice. No injury no cause of action even if he was negligent.

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