Hi, I'm Wendy and I am a Moderator for this topic. I sent your requested professional a message to follow up with you here, when they are back online.
If I can help further, please let me know. Thank you for your continued patience.
The court said, I did not get my intent to serve subpoenas out in a timely manner and therefor they are invalid.
All four of the heart surgeons want to do heart surgery, however , due to
the injury caused by this case they have to wait until I gain 10 to 15 pounds, before they will attempt the surgery, the doctors also want extra tests done, because of the injures caused by this case, to see if my breathing is effected, and they want to be sure I can be safetely and effectly intubated. All these tests take time. I have to make it passed one in order for them to be ae to do the next one safetly.
At this point I can not read for any length of time .I can not write anything meaningful. I have to ask my husband what day it is. I sleep till noon or 2 PM everyday. I rarely leave the house, except for medical appointments. I do not answer the phone and can not keep up with the house keeping.
I have been advised I will loose kidney function and possibly my life during this operation. And still the judge will not give us a continuance.
I do not have the strength to get out of bed. I am no able to write an appeal. My condition has taken a downward turn. I have not help to continue.
So , I guess I am just screwed. Is that an adequate assessment of my situation??
I can not make it to the courthouse for the pretrial conference on June 13th, an I correct in assuming the judge will just throw the case out??
In a settlement letter must damages be itemized?? We still are not sure if some of what I have suffered is directly from the incident at hand. We have had real trouble getting doctors to even see me. And none will say, except our expert, that the damages came from the incident in question.
Most of what they damages is permanent, I can only looks for ways to cope with these kinds of damages.
Now we are less than ten days from trial. I just got a pile of paperwork from the defense. If, I am understanding this correctly , she is precluding me and any one on my behalf to talk about anything at all pertaining to the case.
They insisted on a list of damages, which I provided, now her motions in Limine preclude saying anything about anything. Even the items included in the complaint are (precluded) from testimony.
My afflictions have me on bed rest. I can nolonger type, except with two fingers.
Am I expected to answer these items (all of them) in less than 10 days.
This is a ridiculous game they play. They demand all this information, then preclude all of it from being discussed at trial.
My understanding was that the defense and I were to agree on the jury instructions. The defense has pages and pages of jury instructions, but never contacted me about agreeing with them.
The judge denied my motion for continuance. How long do I have to appeal??
Can I get more time to answer thee motions in Limine. If we can not talk about anything pertaining to the case, why have a trial.
Being bedridden, I faxed the judge a note indicating I could not be at the pre-trial conference, tomorrow.
The doctors have to put off the heart surgery. Due to difficulty swallowing, I have lost 50 pounds since 2008. They will not do the surgery, until I gain at least 15 lbs. and keep it on.
I know what your answer will be----"you need a lawyer". We have been turned down by two more in the last two weeks.
I have to lay down now.
Blessed be, for all your help.
I can not attend the trial, therefor, I expect the judge will dismiss, with prejudice. Do not that mean I can not appeal??
Ok so how do I file an appeal? is it written in the form for a motion?
The only reasons I have to put forth for an appeal are the reason I already gave.
" a nonsuit is granted" would you please clarify this state ment???
The judge also says "the plaintiffs failure to rrovide a rquied substantiation for reason of a continuance as required by ryles of the court.
I have sumitted two letter from bonified a family family (0ver 25 years)
doctor and a more recent letter from The heart head surgeon at the university of Penn in Philadelphia.
I do not understand what this judge wants??
What form foes a notice of appeal take. Is it the dame as writing a motion.
Is there a sample template somewhere, I can use???
It looks like 210 Pa code rule 904 is directed to inform the defendant/plaintiff of an impending appeal. I am appealing the judges denial of my request for continuance.
When I get this put together, to whom must I send it?
Am I appealing to the supreme, Superior, or Commonwealth court??
This sample template does not have a place for me to plead why I am appealing?? Where does that go?
I am in County Civil Court, the local county court, what court is next on the ladder?
If a demand for settlement was made, must they answer, or can they just ignore it?
I am quitting now. I do not have the strength , some days, to check my email. They are doing a lot of testing, due to the complications involved. The heart surgery is scheduled for September.
Over the past 4 years we have spoken with nearly 300 attorneys. Almost all would not even consider my case, because another attorney had dropped it. We still can't find out why, he dropped it. The court released him.
The remainder of the attorneys would not consider the case because, it is in Lehigh County, PA.
I have two days left to appeal the denial of my request for continuance. I need those days to rest. I guess we could say this doc got away with it. I'll never forget, I have pain 24/7 to remember him by, forever.
What is the statute of limitations on Legal Malpractice???
How long do I have to wait to see I fhey are going to countersue.
Forgive me my fingers do not work the way they used to/,?
For defense expenses or what ever else they make up in their little game.
If I choose to pursue the negilent attorney in this situation, should I look for legal malpractice attorneys outside of the area.?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).