How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115460
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Im sorry I remembered incorrectly. i just checked my records

This answer was rated:

I'm sorry I remembered incorrectly. i just checked my records and The surgery was done in Biloxi Mississippi. Since the surgery the surgeon moved to Florida. Forgive my confusion
Thank you for your response. Please use reply to expert instead of opening new questions over and over, so we can keep everything in the same place and it will not be as confusing.

Actually, the MS Statute of limitations is the same as FL, 2 years from date of act and not more than 7 from the date of the injury. See: MS Statute 15-1-36(1).

Also, MS requires you must submit a medical expert report stating the conduct of the doctor was malpractice at the time you file suit or the suit would be dismissed. See: MS Statute11-1-58.

So as you can see, the MS law is identical to FL law regarding statutes of limitations and also the requirement of having an expert witness.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 3 years ago.
So botXXXXX XXXXXne is there is no malpractice case even if I had an expert. Is there any way I could seek financial restitution for the years of inability to work and/or have the doc be liable for psychiatric treatment. Or should I ask a lawyer rather than a doctor, cause I'm sure I seem like a gold digger.the fact is I was a naive kid talked into doing a surgery whose treatment was either surgery or pills. Until now I never realized how bad I got screwed. I can't even lift more than 80 pounds and I weigh 200 lbs. the progression of recovery afflicts me in ways no one could have predicted. My recovery time is since the surgery until I die. Ill never be able to do the things I could have if not for the surgery.and if I knew the life long effects when I was 25 I would have sued. And the surgeon who did this is immune from consequence? what a man does is always done. However ones accountability ends over time. If a man hurts a man then he has done the act. If a man does said act he is unaccountable. Thus if a man hurts a man he is unaccountable. Hypothetical syllogism and illogical. That seems contradictory to all common sense. Are you sure there is no legal recourse?
I am sorry to say that if you are outside of the statute of limitations, it is pretty much a closed case. Actually, I am a lawyer as the doctor you requested moved this question over to the legal section because it is a legal question.

The issue here is just time under the law. You have had these problems since the surgery and it has been over 13 years, so you really could have had a case, depending on what the medical expert would say of course when they examine your medical records, but you had to bring the case you had within the proper time of 2 years and not more than 7 years. The only possible exception is proving you were mentally incompetent or medically completely incapacitated such that it prevented you from engaging an attorney to pursue the matter and these are tough burdens to prove in a court to get them to allow you to file outside of the statute of limitations.
Customer: replied 3 years ago.
Would being mentally incompetent have to have already been diagnosed with a history of the disorder. I've been manically depressed bordering psychotic for the last ten years. If I were to go to a top authority on psychiatry and they were to testify that a mentally debilitating condition exists and has been existing for years would that create the circumstance that would over ride the statute of limitatons. This is no ploy or gambit. If it was proven I was mentally incapable of making the right choice about pursing the law suit, then the statute of limitations would be inapplicable, correct?
Thank you for your response. Yes, mental incompetency would have to have been diagnosed and documented during that time with medical records supporting the contention of incompetence.

If you were proven mentally incompetent, then this is grounds for the court to allow you to file out of the statute of limitations.
Law Educator, Esq. and 2 other Legal Specialists are ready to help you