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My wife had many radiation treatments. And before they started

 
 
 

Customer Question

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My wife had many radiation treatments. And before they started I ask the Doctor about
him would adjust for the amount of radiastion and he said that he had a way to determen
the amount. And before the last treatment she lost her mind. And at that time I tried to find
a lawyer that would take the case. But I never found one because I think I would have to have a doctor back me up.

Submitted: 972 days and 22 hours ago.
Category: Legal
Status: CLOSED
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State/Country relating to Question: Oregon

Already Tried:
Just to find a lawyer that would take the case

 
 
 
 
 
 
Posted by Dimitry Esquire 972 days and 22 hours ago.

Response From Expert

I am sorry to hear about your situation. Is your wife still alive? When did the treatment take place? Did the treatment take place in Oregon?

 
 
 
 
 
 
972 days and 22 hours ago.

Customer Reply

The treatments started in 1995 and she lost her mind in 1996. She was put in special

home in late 2007 and passed away may 2 2008. Treatments were done at St Vincent

Hospital in Portland Oregon

 
 
 
 
 
 
Posted by Dimitry Esquire 972 days and 22 hours ago.

Expert's Answer

I am sorry, but you will most likely be unsuccessful in bringing suit against the doctor for his possible malpractice. Since you state that the injury to your wife (that she went insane) took place in 1996, then, by Oregon law, you have a limited time to bring an action. Medical malpractice actions must be commenced within two years (meaning you had from 1996 to do so) from the date of the wrongful act or omission, or within two years of the date the injury was or reasonably should have been discovered. No medical malpractice action may be filed more than five years from the date of the act or omission giving rise to the injury, regardless of when the injury is discovered.

I am truly sorry.

Sincerely,

Dimitry Alexander Kaplun, Esq.

 
 
 
 
 
 
972 days and 22 hours ago.

Customer Reply

I guess that I am wasting my time but I really have a problem undertanding the

answer because at the start I was up front and wanted answeres but never really

got anything to help me and when Ient to the doctor and the Hospital they just said that is the way it is, so I tried to get a Lawyer to take the case and no one would take the case so that is how they just sweep things under the table and leave me no way to

recover anything.

 
 
 
 
 
 

Accepted Answer

I truly sympathize with you. If you actually started a suit, it may have "tolled" (or stopped) the running of the statute of limitations, but otherwise it is quite likely that the hospital intentionally delayed you to the point where the period ran out so you could no longer bring a valid claim.

Sincerely,

Dimitry Alexander Kaplun, Esq.

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Expert: Dimitry Esquire
Pos. Feedback: 99.3 %
Accepts: 11441
Answered: 9/24/2009

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JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin

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