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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My concern is in reference to an unscrupulous doctor by the

Customer Question

My concern is in reference to an unscrupulous doctor by the name Arash ****** from Wayne, NJ. I was to have a microdiscectomy. I was in office a week prior to surgery and he explained the procedure in detail. It was to be a lesser, minimal invasive procedure. The operation took place in 3/26/2012. Yes, it's beyond the stature of limitation. He sends in his nurse practitioner with a batch of forms for me to sign. Little did I know there was BLANK CONSENT FORMS. I never saw the doctor before or after immediate surgery. I found out the next day from one of his associates that I had received laminectomy, fusion, rods, screws grafting. I was taken aback. He did what he did for personal and financial gains. He ended charging my insurance carrier and receiving almost $250,000. To add insult to injury, two other doctors I never even met, signed the consent form as if this was discussed and agreed upon. I wrote 2 times to the Board of Examiners and after waiting patiently for a response, they felt the doctor did nothing wrong? JA: Has anything been filed or reported? Customer: I ended up having another surgery from a reputable doctor by the name of Dr. Patrick ****** at hospital for special surgery where he performed from A to Z what dr. ****** did. He took out the rods and screws and performed another laminectomy, fusion, rods and screws. I recently had another back surgery on 8/30/2016. This time it was thoracic surgery. My back looks like a roof antenna with all these rods and screws. These additional surgeries were, I feel, cause by the first dr. ****** which was an unauthorized, unnecessary, unexpected surgery. I'd like to contact the Board of Examiners again but through an attorney for I feel the letter would have more "weight". I can't even walk a half block and it looks like I have to retire before expected... JA: Anything else you want the lawyer to know before I connect you? Customer: Not sure if I have any additional recourse with, lets say civil action. I know for a fact this dr. ****** has ruined other peoples lives, yet his record remains pristine...

Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, legally if you are beyond the statute of limitations there is no legal action you can take against the doctor. In fact if this has happened this long ago, the board of examiners cannot generally take any action against the doctor either, which is likely why you are not hearing back from them. There is no civil action that can be taken on the surgery from 2012, as it is completely barred by the statute of limitations I am afraid so legally our hands are tied as there really are no legal alternatives we can suggest to you to even try to help you get some type of resolution or at least closure on the matter personally.

I am truly sorry about that.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 8 months ago.
I knew that the statute of limitation has come and gone. What I was hoping for was for an attorney to draw the notice on my behalf to have a little more "weight" when received at the Board of Examiners. What this Dr. A rash Emami from Wayne, Nj was extremely unscrupulous. This was a bait and switch. He tells me a week prior to surgery in his office that he was to perform a microdiscectomy. The day of surgery I don't see this guy before or after immediate surgery. The next day was when I found about this guy's unauthorized, unexpected, unnecessary surgery the following from one of his associates. I was in total shock to find out about the lamecomy, fusion, rods, screws grafting. To add insult to injury, no pun intended , I saw 2 additional doctor signatures on the consent form that was original blank, bought in by this idiots nurse practitioner. After waiting patiently to hear from this Board of Examiners, they felt the doctor did nothing wrong???I ended up at Hospital for Special surgery, where an honest reputable doctor redid the surgery from A to Z. I recently had another surgery this time it was in the thoracic area. My back now looks like a roof antenna with all these rods and screws; mind you, I never had immediate back problems. I never approved for this lousy dr Emami to convert my back into a hardware store. This dr Emami did what he did for his own personal and financial gain; in this case requesting $250,000, a quarter of a million dollars. Now I can't walk a half block, nor can I do the most basic of things like food shop, clean my apartment and have difficulty bathing and it looks like I have to retire before expected. Needless to say, im depressed... this site seeking for guidance and information was worthless.
Customer: replied 8 months ago.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.

If there was something an attorney could do for you I would have loved to have been able to tell you so. I do not want you going out to spend money on an attorney to write a letter when their letter cannot do anything either because the board of examiners also has a statute of limitations for which they can take action against the doctor. The issue is that you simply waited too long here to have any further claims you can make. The board cannot take action against him as it is beyond the statute of limitations and the court cannot take action in a civil suit. So while I know you knew about the statute of limitations, you seemed to believe a lawyer could write a letter to the board and do something, but they cannot because even that is beyond the limitations for the board to take action.

Yes, what you describe is wrong and yes it could have been grounds for a medical malpractice suit, but since it has been too long I am afraid that legally none of that matters any longer because the law says you cannot pursue it beyond the statute of limitations and the board of examiners are prevented from doing so as well