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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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statue of limitation is running out, have been delayed by manny

Resolved Question:

statue of limitation is running out, have been delayed by manny I ahve spoken to.need infomation on how to do the filing myself. PROBLEM had AAA surgery in Janurary 2011, in ICU for 7 days incapacitated, family member happen to notice right foot changing colors, prognosis ended in loss of half foot amputation. I have been put off by so many paralegal until time is running out, can any one be of service.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

I'm unclear what legal information you are seeking. Can you provide a little more background information and clarify your question?

Thank you.
Customer: replied 1 year ago.


help in filing for myself since no one I have spoken to, states not enough time for research needed. I had a surgery that went wrong and no one in ICU monoriting did not notice that toes on right foot was changing color. I am at loss that no one wants to help me in this..If you cannot be of service can you tell me how to file.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Unfortunately, none of the lawyers at this website can represent you. Our service is to answer legal questions, and not to actually represent customers of the website.

However, I can tell you how file. Generally speaking, you must file what is called a "Complaint" in the county court where the medical services were provided. The court clerk may have a sample of a form that you can use as a template. Unfortunately, I could not find such a form on Google for you to use. The Complaint states who you are suing and the facts and legal theories. Once that is filed, the statute of limitations will stop ticking. I wouldn't worry too much about being perfect regarding how the Complaint looks. At this point, the main issue is stopping the statute of limitations, and as long as you file the Complaint, even if it's not a good Complaint and is not in the proper format, you should be okay for statute of limitations purposes. You can then find an attorney and have him file an Amended Complaint.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
Customer: replied 1 year ago.

thanks but i found this info online...thought it may have a different avenue

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I'm unclear what you mean by "thought it may have a different avenue." Can you clarify?

Thank you.
Customer: replied 1 year ago.


excuse the gap in time, thought that this service could suggest an attorney that could possibly be of service, but as many setbacks as i have run into, best thing is to try it for myself

Expert:  TJ, Esq. replied 1 year ago.
Hi again,

I can direct you to an attorney referral service that can refer you to several attorneys who may be willing to take your case. However, I'm sorry to say that I cannot refer you to a specific attorney myself.

I truly wish you luck in resolving this issue, and in your case.
Customer: replied 1 year ago.


please send information, lets see where it can go

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

You can contact the Texas State Bar's attorney referral service, which you can access online here: http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

That attorney referral service should be able to get you in touch with several lawyers who may be willing to take the case.

I hope that helps, and I truly wish you luck.
Customer: replied 1 year ago.

county or district clerk wasnt sure what i was talking about district clerk said has to file through medical legislature..they are only ones who can change st of limits or delay it ..they did not have any forms ..stated need to get from any attorney...see the road blocks i have endured for a yr and a half

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

It is true that only the legislature can change the statute of limitations. But I don't see how that is relevant to your situation. Unless I misunderstood you, you do not want to change the statute of limitations. Rather, you want to file your lawsuit before the statute of limitations expires in your case. Is that not correct? Why were you talking to the clerk about this issue? The clerk likely has no idea what statute of limitations applies in your case, or whether it has or will expire.
Customer: replied 1 year ago.

clerk had noo forms.stated get from an attorney...or order from austin..this is the basic results i have endure for a year and a half

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I'm sorry that the clerk had no forms that you could use as a template. I'm going to open this question to all attorneys for their review and help.
Expert:  N Cal Attorney replied 1 year ago.
You are going to need an expert witness, see
http://www.texmed.org/template.aspx?id=2821 but the expert's report is not needed prior to filing suit.

You can get a free consultation from some of the medical malpractice lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Medical-Malpractice/Texas

You need to send a notice by certified mail prior to filing suit (and it's a good idea to get proof of mailing from the Postal Service).

"The statute of limitations can be extended 75 days upon notice of intent to assert a claim. Tex. Civ. Prac. & Rem. Code, Section 74.051."
From
http://www.texmed.org/template.aspx?id=2821

If you send the notice, you get more time. If you cannot find a lawyer fast enough, your County Law Library will have legal practice form books you can use as a model to draft a bare bones complaint you can file to preserve the case from the statute of limitations. Once you find an attorney, the lawyer can file a more professional amended complaint.

Please follow up on this with a local attorney. What you described sounds like malpractice to me.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8117
Experience: since 1983
N Cal Attorney and 12 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.
Customer: replied 1 year ago.

u r welcome..thanks again..to bad did not consider before now...contacting lawyer referral is a joke .no one answers phone nor returns a message..but all in all see how things have progressed....thanks again

Expert:  N Cal Attorney replied 1 year ago.
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