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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88686
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Im sorry I remembered incorrectly. i just checked my records

Resolved Question:

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
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
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.



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Customer: replied 1 year 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?
Expert:  Law Educator, Esq. replied 1 year ago.
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 1 year 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?
Expert:  Law Educator, Esq. replied 1 year ago.
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., Attorney
Category: Legal
Satisfied Customers: 88686
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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