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Hello, and thanks for submitting this question. Most attorneys who handle medical malpractice cases will tell you that they are 1) very difficult to win; 2) extremely expensive to take to court; 3) because of 1 & 2, the provable damages must be significant. The missed diagnosis of your father's heart condition while inexcusable, was for the most part remedied. The other failures by the doctor have not resulted in significant damage to him. He is alive and doing well physically at a very advanced age. The emotional stress issues are very difficult to prove and would be limited only to your father. For these reasons, I believe that you would have difficulty getting a malpractice attorney to take the case. There is a lot of information about med mal on line. The law is state specific and you'll find many web sites for S. Dakota attorneys and general information about the law there. One thing to keep in mind is South Dakota's two year statute of limitations on filing such suits.
I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.
Thank you very much for this. You did not mention the letter, which I was asked to submit to the Rapid City Regional System (higher up management types, who were also appauled about my father's treatment). I am almost ready to submit this, having put a timeline together, as well as describing this doctor's "mis" treatment of my father.
I guess my question about this is if there is any reason why I should take the time and further expense for an attorney to look at this letter before I submit it? If I do submit it, as long as I don't sign any "hold harmless" paperwork, does this keep us from filing suit in the future, should we choose to do so?
Again, thank you VERY much for your help in this matter. It really does ease my mind, and will likely ease my mother's mind as well. Thanks a lot!!
Thanks for the nice Reply. The letter to the Regional System (if that is who employs the doctor) would not prevent a malpractice case later, but the information that it contains might be used as an "admission" of the facts. That said, any malpractice case would belong to your father and must be filed by him while he is alive. Whatever you say doesn't bind him in any way. Again, thanks for contacting JA and I hope this information is helpful and that you will enter apositive rating. I thank you for submitting your question to Pearl-Just Answer.We appreciate your business.