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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am in a lawsuit against the healthcare provider for jail

Resolved Question:

I am in a lawsuit against the company that provides medical care at the county jail. They failed to provide me any examination or treatment for severe injuries in 2010. I originally filed a negligence claim with an imbedded state medical malpractice claim, but this is likely to be dismissed due to my failure to attach a medical affidavit. It has recently been discovered that the medical provider submitted a fraudulent report to LVMPD Internal Affairs, and paid an employee to corroborate it. As a resullt, I was denied administrative relief from the LVMPD Citizen's Review Board. I need $40,000 of surgery, and have been living like a cripple for 3 years. I need to amend my complaint this week to withdraw the Negligence and Medical Malpractice Claim, and insert a claim based on their fraud. My question is, what am I charging them with; tortious interference, civil conspiracy with their employee, fraud? I need a comprehensive list of potential causes of action, not limited to state claims, as this is a Federal Civil Rights lawsuit under USC 1983. Please do not answer this question unless you have experience in this field. I have one shot at this, and need advice from an expert. The lawfirms opposing me have unlimited resources, and will stop at nothing to win, even if they are guilty.

Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if this matter is in state court or federal court? Also, how much are you suing them for - what is the amount?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

It is in Federal Court and the amount is in excess of $75,000. However, the medical malpractice claim is subject to state statutes, which is why I'll probably have to drop it. I am now looking for relief on the basis of their fraudulent report and testimony, which cost me the opportunity to receive administrative relief in the initial investigation.

Expert:  Ely replied 1 year ago.
Thank you for your reply, George.

I originally filed a negligence claim with an imbedded state medical malpractice claim, but this is likely to be dismissed due to my failure to attach a medical affidavit.

I need to amend my complaint this week to withdraw the Negligence and Medical Malpractice Claim, and insert a claim based on their fraud.

Have you considered a Motion for Leave to Amend as a way to correct this error without having the suit dismissed? Just a thought - see FRCP 15 - here.

My question is, what am I charging them with; tortious interference, civil conspiracy with their employee, fraud?

Okay. Now, if one is bringing an action in federal court due to 42 U.S.C. § 1983, then perhaps the following will also be of interest:

Title 42 U.S.C., § 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws.

So aside from 42 U.S.C. § 1983, you may also have a 42 U.S.C., § 14141 claim as well.

My question is, what am I charging them with; tortious interference, civil conspiracy with their employee, fraud?

The § 1983 claim basically acts as a "catch-all" for the above.

I need a comprehensive list of potential causes of action, not limited to state claims,

You may be barred from bringing a state cause of action, but this is your matter and you can decide of course - I am here to simply bring general information.

STATE
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Lists of torts for Nevada may be summarized below, although some may or may not be recognized in certain federal courts or certain sub-jurisdictions of Nevada:

PHYSICAL/SUBSTANTANTIVE
-Assault
-Battery
-Conversion (intention to deprive)
-Replevin (writ) (no intention to deprive)
-False Imprisonment
-Trespass to Land
-Trespass to Chattel (handling items owned by another without permission)
-Encroachment (some jurisdicions)

ECONOMIC/CONTRACTUAL
-Fraud
-Promissory Estoppel
-Sworn Account (NV does not)
-Money Had and Received / Assumpsit
-Breach of Fiduciary Duty

NEGLIGENCE
-Negligence

ABUSIVE
-Abuse of Process (constant)
-Malicious Prosecution (one count)
-Conspiracy (2 or more conspire to deprive/deceive of legal rights)
-Intentional Infliction of Emotional Distress
-Negligent Infliction of Emotional Distress
-Harassment
-Invasion of Privacy
-Defamation (slander/libel; per se)
-False Light
-Nuisance (public, private)
-Alienation of Affection

OTHER
-Declaratory Judgment
-Quiet Title

FEDERAL
The federal list may be found here.

I hope this helps and clarifies. Best of luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86637
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much. Good work.

Expert:  Ely replied 1 year ago.
George,

My pleasure. Good luck, friend.

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