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I was in a rehabilitation facility for alcohal abuse.doctors.I was told that I was being taken off one of my bi-polar medications & off of all my pain and anxiety medications. I was only concerned about the elimination of my bi-polar medication (Stratera),I wasn't sure if the doctor was qualfied in mental illness. Doctors took me off Stratera right away & I was weaned off of valium &demoral.The doctors put me on lyrica(for pain)I started to feel very tired & feet had swelling. I asked to see Doctor asap.Two days later the doctor came in I told him symptons & he did nothing.(I was told to give it 2 more days, then told they would take me to hospital on Friday, they didnt)To sum it up I was alergic to Lyrica & they kept putting off taing me to hospital & then they tried to say I was sneeking valium so they kicked me out taking me 2 hospital(4 Valium addiction) where I stayed 2 days. Came home & saw my doc & he said that I should sue & he would do deposisition saying that they were wrong
State/Country relating to Question: Colorado Already Tried: Called Lawyer referal and was told that if I wanted to sue for malpractice I would have to show damages of $100,000.00 or more. I was told I could however go to small claims court and sue for $7,500.00. My Doctor said that he felt I should sue. They made me really sick and I came close to possible death, gaining 50lbs in less than 2 weeks and not being able to walk for almost 2 months. I just don't know how to file small claims.Can I ask for the max of $7,500 and the cost such as court cost and the cost for Doctors deposition?
YOU CAN SUE FOR THAT AMOUNT, AND MAKE SURE YOUR CURRENT DOCTOR WILL TESTIFY OR SUBMIT AN AFFIDAVIT ON YOUR BEHALF STATING WHAT THE PRIOR DOCTOR DID AND WHY IT WAS WRONG.ALSO, YOU MAY HAVE A SUIT AGAINST THE REHAB FACILITY ALSO AS THEY ARE THE DOCTORS EMPLOYEE. I WOULD CONSIDER SPEAKING TO OTHER LAWYERS TO SEE IF THEY WOULD TAKE THIS CASE BECAUSE YOU COULD ALSO SUE FOR A HIGHER AMOUNT, 10-20,000 BUT THROUGH CIVIL COURT NOT SMALL CLAIMS
So what type of a lawyer would I look for? Do most Lawyers who do Cival Cases usually get paid on contingency ot hourly rate? What is the statute of limitations on a cival or small claims court case of this type? Are they the same time frame? Cival you said 10,000.-20,000. & the max for small claims is 7,500. Can I get court cost & cost for Doctor's testimony above the 7,500. for a case or would that be included in the 7,500.? If I sued the doctors and the rehab would they be seperate cases or would they be combined?
SMALL CLAIMS IS CIVIL COURT BUT THE LIMITS TO SUE ARE LIMITED, MOST LAWYERS WILL CHARGE A CONTINGENCY FEE AND HANDLE THE CASE IF THEY THINK IT IS WORTH WHILE. CONSIDER LITIGATION ATTORNEYS, AS WELL AS MALPRACTICE ATTORNEYS, IF THEY DO NOT HELP, SUE THEM BOTH SEPARELTY FOR $7500 EACH
Iappreciate the information on cival& small claims court that you told me. I didn't know about a cival case. My whole question to start off with was how do I file a court case in small claims myself? In a Cival Case I need a Lawyer is that correct?
YES CORRECT, http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/9GOTO THE LINK ABOVE THEY HAVE THE FORMS AND INSTRUCTIONS
Attorney
10 years experience, General counsel for National Corp. firms, C.U.N.Y. INSTRUCTOR,