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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
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Can a judge use a law for your case that was not a law when

Customer Question

Can a judge use a law for your case that was not a law when you were injured in a trial? Ex. CRNA in Colorado misplaced epidural and cause temporary paralysis and long term saddle block where no control with bladder or bowel and sexual enjoyment forever taken. Governor Hickenlooper passed a law in 2012 that CRNAs do not need to be supervised by a doctor! The law was meant for rural areas where doctors are far in between. My injury was in 2008. The judge ruled that since trial is now in 2015 that rule would stand. It took almost 7 years for my case to go to trial because defending attorney was able to use every trick in his book, such as having an expert actually for his side that was swaying my way because he had dementia. At the time of court case he was still practicing medicine which was 3 years later. I had two lawyers that left my case during this time because of delays. There were two, first one was judge was sick two weeks before trial date and then expert dismissal. Second lawyer left three months before trial date stating health issues but actually just moved to another firm. First lawyer left to start her own firm but I was not given the choice to go with her! I was given 2 more lawyers 3 months before my case went to trial. My trial was a circus, my attorneys did not know me or my case. Judge had just moved from family court and this was her very first case for a civil case.
Obviously I lost! And after losing the two attorneys that did go to trial with me either got fired or moved on and would not return my text or calls. I did do a meeting with attorneys from firm and they told me not to appeal because I really didn't have a chance and would owe the other side and them thousands of dollars if I lost. I did ask their appellate lawyer several times about judge using law that wasn't in effect when I was injured but used years later. He refused to answer my emails and calls also. I feel at the end very unprofessional. I just need answers to move on. Not only injured by medical field but also by our judicial system and attorneys I was counting on.
Sorry I have rambled and could ramble more about how this was all handled. Just need an honest answer!
Thank you,
Jacquie Orr
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

I don't see where the law that you describe would be for applicable to your case. The only way that it would be is if the legislature specifically made it retroactive or mentioned it would be retroactive in when they were passing the law. The legislature can make a law retroactive if they choose and they can also discuss this in the legislative history thus not implicitly making it retroactive but effectively making it that way by discussing it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 year ago.
I'm not sure of answer. Law should not of been used? If behind doors judge and attorneys discussed would that make retro active. And what would be the course of action from here?
Expert:  Dwayne B. replied 1 year ago.

To determine if it was supposed to be applied retroactive you would have to look at the statute itself and see if it says it was supposed to applied retroactively. If that doesn't tell you then you have to hire a lawyer or a paralegal to do the research to determine if the legislature talked about it being applied retroactively. Those are the only ways to tell.

If you want to reverse the case you have to appeal it now.

Customer: replied 1 year ago.
Even though case and trial is done and talked out of appeal by attorneys! I did not sign anything saying I wouldn't eventually appeal. You must understand the emotions one is going through when everything and anything that could happen did and you are left feeling confused and let down by your peers. I had not been in the right mind since my injury and then so casually thrown away like garbage.
Expert:  Dwayne B. replied 1 year ago.

I understand, I have seen it before with a number of different people involved in lawsuits.

Your time limits to appeal are limited so if you are planning to do so you need to hire your lawyer and start moving. If you are more than 30 days past the date the judge signed the judgment then it may be too late to appeal. There are a few ways to extend that slightly, but just a few ways.

Customer: replied 1 year ago.
Thank you! It has been past thirty days. Actually a year and a half so I will never get justice and will continue to have accidents bowel and bladder wise and never have feeling to be sexually active, this happened when I was 50 years old. I feel very betrayed by the system that probably was meant to protect me but is so corrupt no one really gets justice! This doctor should of never been able to get away with this. He had monitor levels thrown away. I went into respiratory and cardiac arrest. I was inubated and given CPR and that was put in his records. However somehow that was taken away with certain things not being allowed to say to jury and the law I initially wrote about being allowed to be used years after my injury. I did look it up and the amazing thing is that law is just for critical care units and rural hospitals. How can attorneys and judges not know the laws! That was the defenses whole case against me when it should not of been used at all! My faith in our attorneys and system is totally gone and I'm shocked by the lack of knowledge! Incredulous!! Our country is screwed in so many ways! May be to late to appeal but not to late to spread the word and some names. I was told as long as I told the truth when telling my story no one could come back on me. And I think I need to tell my story and spread the word on how messed up civil attorneys are so messed up! Thank you for listening!
Expert:  Dwayne B. replied 1 year ago.

You're very welcome and I do wish you the best,

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.