Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

Im sorry I remembered incorrectly. i just checked my records

I'm sorry I remembered incorrectly...
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
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
7/16/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,523
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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.

Ask Your Own Legal Question
Customer reply replied 4 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.
Ask Your Own Legal Question
Customer reply replied 4 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.
Category: Legal
Satisfied Customers: 119,523
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,523
119,523 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,523 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations in Florida for medical
What is the statute of limitations in Florida for medical malpractice? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I live in Oregon and the statute of limitations on financial
I live in Oregon and the statute of limitations on financial contracts is 6 years,rather than 7 years. There are 2 Business credit card accounts which appeared on my personal credit this year. The acc… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Is there a statute of limitations in MA for physical abuse
Is there a statute of limitations in MA for physical abuse in the 60's and 70's by a parent? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
What is the statute of limitations for bodily injury and
what is the statute of limitations for bodily injury and property damage in colorado … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
What is the statute of limitations on collecting on a
Hi! What is the statute of limitations on collecting on a criminal monetary judgment? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
In California is there a statute of limitations on bring a
In California is there a statute of limitations on bring a court action against a ex-husband that the court ordered over 25-years ago to pay his wife $125,000.00 in a divorce. Is there anything lawful… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is there a statute of limitations in having your license
Is there a statute of limitations in having your license revoked for life especially since I did the punishment, never been in trouble before or after … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
What is the statute of limitations on contesting a will in
What is the statute of limitations on contesting a will in the following particular circumstances? A man dies at 84 after having changed his will twice in the previous 20 years. One original will was … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
Is there a statute of limitation that an Oregon State Board
Is there a statute of limitation that an Oregon State Board of nursing RN license can be suspended for failure to cooperate on a case that no charges were ever brought against me? My license has been … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Is there a federal statute of limitations on Loss of Liberty
Is there a federal statute of limitations on Loss of Liberty against a doctor for causing a patient to use all their time and money to care for an illness that the doctor has given to them, in additio… read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Is there a statute of limitation on when a homeowner or
Is there a statute of limitation on when a homeowner or insurance company can file a workmanship claim against a contractor in the state of Florida for damages resulting for work performed? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Is there a statute of limitation on a possible social
is there a statute of limitation on a possible social security disability fraud case? thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
In Colorado what is the statute of limitations for
In Colorado what is the statute of limitations for defamation/libel -- there appear be three general timelines 3years, 2years, and 1year. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Is there a statute of limitations in North Carolina for a
is there a statute of limitations in North Carolina for a second DUI that happened 1/31/2013? was also ticketed for driving while revoked. … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x