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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90142
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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in 2001, my medical license in the CNM - a US commonwealth

Resolved Question:

in 2001, my medical license in the CNM - a US commonwealth like puerto ricco
and the virgin islands, was up for renewal.

in December 2001, i attempted to renew my license but was prevented by the board
from doing so because the office was physically closed due to relocation to a new location.
The board told me to continue practicing until they call me to renew. other doctors were
told the same. I moved to a neighbor island and had forgotten about the renewal and the board never called.

In 2002, the board was informed that i was practicing with an expired license. A hearing about this issue was held. My lawyer pushed to settle the matter. I informed him I did not wish to settle because I was not guilty of any wrongdoing.

Minutes before the meeting, he informed me that the AG and medical board agreed to reissue my license based on a stipulation they had agreed upon. My lawyer informed me that the board only wished to ask a few questions and the matter would be closed.
The board opened the hearing but it was not as my lawyer had explained to me. it turned out to be a hostile encounter and i was asked questions on all matters in the allegations.
The hearing was closed without any chance to present my case and my witnesses. 21 days later, the board published their findings and decision - that i was guilty of practising without a license. I paid for witnesses to be available and I brought documents and testimonies - none were presented or heard. I did not participate in any discussion
concerning the stipulation and i did not sign any documents relating to such stipulation.

Because of this fiasco, i have suffered pain and suffering, great amount of legal fees and have lost opportunities for excellent employment.

In retrospect, after doing my own layman's attempt at legal reasearch, i discovered that
i could have sued my lawyer for legal malpractice and incompetent representation. The board was guilty of "detrimental reliance" and the AG and Board was guilty of failure to
give me my constitutional right to due process. base on my research, violation of constitutional personal rights has no statute of limitations and the all individuals including board members and AG is liable.

do any of the above make sense? Do I have a case? I plan to bring this up when i know
i have a chance of succeeding

Larry
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to hear you waited so long. For legal malpractice the statute of limitations is 2 years from the date of the alleged act of malpractice. The violation of your right to due process, your constitutional violation, would indeed have a statute of limitations of 6 years I am afraid, so I do not know what to tell you that is going to help you get a case filed when you have sat on your rights for almost 11 years.
Customer: replied 1 year ago.

Good enough. But just one question. I thought


violation of constitutional right I. E. Due process


 


Has no statute of limitation

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. That is not so I am afraid. Constitutional violations under Section 1983 that result in death have no statute of limitations. Other violations of constitutional rights would be subject to the general federal 6 year statute of limitations I am afraid.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90142
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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