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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24644
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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visited my family dr for months w/muscle pain and projectible

Customer Question

visited my family dr for months w/muscle pain and projectible vomiting, rx 4 restles leg & heartburn. visit on mar. 9, 07 sent home told 2 return in a month. mar. 11 emergency room in a coma 12 hrs from death 3 months in hospital paralized unable to move. upon release from hosp. family dr wouldnot return calls from me for help getting thru what i didnot understand dismissed me from care of medical practice by a certified formal letter had 2 seek med attention elsewhere in my prexisting condition without insurance due 2 not able 2 work. permamently disabled. 2 yrs in recovery financially busted. depentant on state of s c for my income. neglegence, mal practice ? did not test my blood 4 infections. hosp fought 4 me 2 live diagnosis 70 % fatal spinal/brain fluid viral infection. one simple blood sample test by family dr could have caught this b fore total breakdown and near death of my body and the pain of life change i have endured physically and mentally.
Submitted: 5 years ago.
Category: Legal
Expert:  Law Pro replied 5 years ago.
Your asking if you have a medical malpractice case against this doctor - correct?
Customer: replied 5 years ago.

LAW PRO,

NO DOUBT I HOPE ! I HAVE BEEN TOLD BY LOCAL ATTY "BROUGHT THIS ON UR SELF W/ LIFESTYLE " WHAT 2 DO AND WHERE 2 GO ? WHEN & HOW SOON ? XXXXX XXXXX SOUTHERN BELL "DAMSEL IN DISTRESS"Crytitle="Cry" width="18" height="18"/>

Expert:  Law Pro replied 5 years ago.

The reality in a medical malpractice case is that you need another doctor to state the following, "within a reasonable degree of medical certainty I believe that doctor X caused her injuries for the following reasons: 1), 2), 3) etc."

 

If you don't have another doctor who would testify to such - then you clearly don't have a medical malpractice case. Do you have a doctor to state such?

Customer: replied 5 years ago.
I (56 yrs young widowed surgeon's wife)HAVE HAD 2 RESORT 2 A FREE CLINIC. I DO NOT FEEL PROPER ASKING VOLUNTEER RETIRED PHYS. 2 VOUCE FOR MY CONDITION. THEY CARE 4 ME TO GET IMPROVED NOT COMPENSATED. ANY OTHER ROUTE ? NEGLIGENCE ON FAMILY DR'S PART, FAILURE 2 ASK FOR SYMPTOMS , OR SEE SYMPTOMS OR REFER ME 2 TO A HOSPITAL ? I SOUGHT MED. CARE ON THURSDAY 3/09 SO SICK I COULD NOT WALK OR SPEAK TO THE DR. MY FRIEND SPOKE 4 ME I WAS TOLD TO RETURN FOR FOLLOW UP IN 30 DAYS OR WHEN MY ASSIGNED DR WAS BACK FROM VACATION W/O EXAM. SUNDAY 3/11 I LOST CONCIOUSNESS , THEREFORE PARALIZED, PERM. DISABLED ! A HURT SOUTHERN " YELL O ??? " A BROWN
Expert:  Law Pro replied 5 years ago.

No matter whom you would pursue as to malpractice - legal, doctor, psychiatrist, etc. - you need a certificate from another expert where they would state what I gave you earlier - that within a reasonable degree of professional legal certainty OR within a reasonable degree of medical certainty , etc.

 

You have to have an expert give a statement of such before you can even file suit on the matter pursuant to the rules of civil procedure.

 

I understand your problems and have sympathy with your situation - but you have to get that statement from a doctor or you have not case - you won't even be able to file a civil action nor will they even think about negotiating a settlement with you.

 

Sorry.

Customer: replied 5 years ago.

LAW PRO,

U DO NOT OWE ME AN APOLOGY, NOT UR FAULT. I WILL CONSIDER YOUR KNOWLEDGABLE ADVICE AND GET WHAT BRAIN CELLS THAT HAVE REVIVED TO START CHURNING. I AM FROM PROPER SOUTHERN RAISING " DO UNTO OTHERS AS U WOULD HAVE THEM DO UN2 YOU " I AM GUILTY OF PUTTING OTHERS 1ST.

PUT A CAN OF 'WHOOP ASS' ON ME. I AM THE ONE WHOSE BEEN HURT. I AM JUST 2 FICKLE 2 STEP OUT ON THE BRANCH OF THE TREE BIGGER THAN ME. I NEED A CHAINSAW 2 CUT THAT TREE DOWN AND FORGET ABOUT THE BRANCHWink. R U WITH ME ? ALICE B.

Expert:  Law Pro replied 5 years ago.

You have my sympathy certainly for all you have gone through. However, for you to have any cause of action - you must get another expert to state that the doctor did something wrong and what it was. Otherwise, you have no cause of action.

 

Before any attorney would take your case - the attorney would have to get such an opinion or they wouldn't be able to pursue it on your behalf - they couldn't because of the rules of civil procedure AND because they wouldn't want to spend a mulitude of hours and monies on a case that they would possibly lose after putting in such.

 

Sorry.

Customer: replied 5 years ago.

THANK U 4 SO MUCH TIME SPENT W/ME. ONE, MAYBE, FINAL ? IS THERE A TIME LIMITATION FROM DATE OF COMA ? OR WHAT I FEEL WAS THE LOSS OF MY VIBRANT SELF ?

ALICE B

Expert:  Law Pro replied 5 years ago.

The statute of limitations would be from the date of discovery of the injury or when the injury should have been discovered.

 

Here are the statute of limitations for South Carolina:

 

Professional Malpractice: Actions for medical malpractice must be commenced within 3 years of the act or omission giving rise to the injury, or 3 years from the date the injury was or reasonably should have been discovered. Medical malpractice actions for the presence of a foreign object inside the body may be filed within the initial three year period, or within two years of discovery. No medical malpractice action may be filed more than six years from the date of the underlying act or omission regardless of the date of discovery.

Personal Injury: 3 years.

Fraud: 3 years.

Libel / Slander / Defamation: 2 years.

Injury to Personal Property: 3 years.

Product Liability: 3 years.

Contracts: Written and under seal, 20 years. Otherwise, 3 years.

 

The Discovery Rule

Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.

When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.

Customer: replied 5 years ago.

YOU, R A JEWEL ( & U KNOW IT Sealed ) U HAVE LIT THE FIRE UNDER MY PROPER SOUTHERN BELLE TUSH ! I'LL BE BACK I 'PPRECIATE YA Kiss

ALICE B

Expert:  Law Pro replied 5 years ago.
You're welcome. Good luck!!

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