My case has been going on for more than 5 years. Now I realize that he should have explained to me that in a case where you have injury from a medication that you need to sue everyone. Not just one group. You need to sue everyone. Because of postponements, etc, we did not find out that the Dr. I thought had written the perscription had not written it, it was the group that I didn't want to sue. Then it became too late to sue the group that really did write the perscription. I also thought that the Dr. writting the script had not ordered a very important peak & trouth blood test. That had been ordered, however the Home Care people did not do the test. Once we found out that the other group of Dr. had written the script, we tried to sue them. They claimed that even though I was still coming to them for more than a year after the overdose that I didn't talk to them about my condition. All that time I was going for physical therapy at the Balance Center in Utica.
Harpersfield, New York
Depositions by the Dr's we thought had written the original perscription. By the time they were taken it was almost too late to file against the prime care Dr's. Even though I had still been seeing them for almost a year after the overdose had taken place they claim in the records that I never once talked to them about my condition even though I was going to Utica to the Balance Center for therapy. I went there for almost 9 months. Because of the Balance Center I regained my balance, am now able to walk fine again and even drive. I still have many other problems. We also found out then that when the prime care Dr's wrote the script they had written the script for the peak & trough blood test. We had originally been told by the Home Health people that it had not been ordered. 10 days went by without this very important test being done. By that time the damage had been done. The local judge said that we didn't file the case against the prime care Dr's in time and it was denied. We then sent it to the First Appelet Court in Albany, where it got denied again. Tomorrow we are doing depositions from the prime care Dr's to see if we have any kind or case against the Dr's we had originally sued because She was the Dr. who said I had to go back on the IV Gentimician. At this point it I don't have a case against the original Dr's, is there anything I could do about suing my lawyer?? He has screwed up since day one.
Yes. You need to talk to a legal malpractice attorney. Before you do, ask your attorney for a copy of the file. Make sure you have the entire file. Then go to www.avvo.com and look for a malpractice attorney near you.Good luck.
Former Insurance adjuster, personal injury attorney, author of California Personal Injury Blog
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