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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i am a medical dr,my life and my families life were almost

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i am a medical dr,my life and my familie's life were almost destroyed in 94-96 by another physician. this gentelman raised raised many objections to the way i was treating medicaid and medicare patients.the ny opmc found all his arguments and charges baseless, i was however suspended from medicare and medicaid.i am a general i nternist, now i was finished,i know,. my typing is almost as bad as my handwriting,i attemted suicide and was hospitalized for 15 days,an avalanche of eventts followed,we did manage to survive.i am cleaning the house from all the stuff we accumulated over many years and did find most of the documents involving this case,i gleaned through the material and discovered that the dr in question did not only display incompetence but also performed misc0nduct, i will go now the opmc, and i believe i do have a good case.assuming i do get a favourite decision,what kind of lawyer do i need in case i decide to sue this dr?i called several lawyers but i have not been able to find one who specializes in the area in volved, i di not call the bar.

Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

You are saying that this physician acted in 1994 through 1996 in fraudulent way which destroyed your reputation and caused you actual business losses. Is this the last time that the physician did any act which caused you this kind of loss?

Also, you are saying that you only recently discovered documents which show that he performed misconduct. Was there any reason you did not already know about his misconduct before now? What is the reason that you did not search for the records when you were undergoing this attack from the physician in the mid 90s?

I look forward to hearing back from you.

Kind regards,
Zachary
Customer: replied 4 years ago.

i was devasstated, i became very ill,i tried to survive and it di not dawn on me until very recently what this man did.

To answer your original question, the type of claim you have against this man is for defamation of character and for malicious prosecution. You would look for an attorney which practices "business tort litigation".

Unfortunately, both of these claims are barred by the Statute of Limitations. There are often exemptions from the statute of limitations under what is called the "discovery rule", which look to whether or not a reasonable person in your shoes would have discovered the wrong and acted on it. It seems to me, just from my cursory point of view, that the wrong that this physician did was known to you at the time that he did it, and that your knowledge of his wrongdoing was not specifically based on the recent discovery of the documents. Even further, the documents were in your possession the entire time and it was only your physical ailments which hindered you from looking for them. These circumstances do not likely trigger the protections of the "discovery rule" from the Statute of Limitations.

This may come as bad news to you, and if so, then I'm sorry to be the one to deliver it. Please let me know if you have any further questions, or believe that I'm missing something in my analysis.

Kind regards,
Zachary
TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

u do mis several things but it could be that i have not provided enough information.1 my wife was the one who always took care of my paperwork, i did not have the slightest idea whether she kept the records of the case or not.2.it was not my physical health which was affected but my mental health.3.already at the very beginning in october 93 i was told by my then lawyer that i have done nothing wrong but that once the ny state department of social services sinks its teeth that deep into avictim it does not let go.5.i was reading recently in several textbooks of psychiatry that the judgement and insight of depressed people is very poor.