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I am not sure how to go about suing a physician for

I am not sure...

I am not sure how to go about suing a physician for malpractice (I was diagnosed with asthma as a child but all the tests were negative

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

ND yes I have his notes

Lawyer's Assistant: Has anything been filed? If so, what?

No, i dont know how to start the process. I also would like to sue him for molesting me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe one is criminal and the other is malpractice

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Customer reply replied 1 month ago
I was 10 years old. I believe there isnt a statute of limitations for a child in ND.
The malpractice is connected to the molestation at my appointments. I was on many meds for asthma and couldn't work in a PFT lab due to this false diagnosis. I believe he just wanted me coming back for more appointments. I was on theophylline, prednisone, 3 inhalers and such meds as singular. When I finally went to a pulmonologist about 10 years ago, he said I didn't have asthma. I had allergies. All those meds were expensive, have side effects and theophylline is hard on the heart. I remember 3 times that he was touching me. Made my mom leave the room and a nurse was never in with him. After the 3rd time, i told my mom I never want to go back there.
Customer reply replied 1 month ago
How long do I wait?
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 month ago
How does this work. I paid and cant get through to a lawyer
Answered in 10 hours by:
3/17/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

When was the date of last treatment or date of misdiagnosis, since there are statutes of limitations on these suits?

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Customer reply replied 1 month ago
Is there a way I can contact you by phone? It would be easier to complain. I'm at a seminar for a couple more hours but can call after. If that works for you?
Customer reply replied 1 month ago
Ok...i can wait to keep texting. I dont have an extra $59 to talk. I already paid $36. When can I text you again?

Thank you for your reply.

It is usually easier to send messages. I am online all day until about 7PM and get online about 8 or 9AM on Sundays.

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Customer reply replied 1 month ago
How do I make sure I get you? Just keep this chat open? I will be done about 6pm.

Just use the reply button here, like you just did.

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Customer reply replied 1 month ago
Ok
Customer reply replied 1 month ago
One hour left and I will be able to chat

No problem.

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Customer reply replied 1 month ago
I am skipping a lecture...guess there is one more. Where should I start again?
Customer reply replied 1 month ago
I can try to give you more info before my next lecture

Thank you for your reply.

Just reply here and tell me how long ago this all happened, because the issue is that there is a very short statute of limitations for medical malpractice.

Also, do you have a medical expert who is willing to write a report saying how the doctor acted below the reasonable standard of care in treating you AND did you suffer some permanent harm from the doctor improperly treating you.

I need you to answer those questions first and foremost AND then type the whole story about what happened.

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Customer reply replied 1 month ago
I will have to look at my records for the last time I saw him. I know I was 10 years old. When I was in counseling, they said there is no statute of limitations for a child in ND. I would have to find a doc to review my records and wrote something. I suppose the molestation is criminal and malpractice isnt...correct?
Customer reply replied 1 month ago
I dont have any physical harm...its all emotional and financial issues. The medication he put me on as a child was very hard on the heart. I didnt even need it. I saw a doc about 10 years ago and he said I never had asthma, more so allergies and I was then able to stop taking the 3 inhalers and Theophylline.
Customer reply replied 1 month ago
Physical that I know of so far

Thank you for your reply.

Okay, so in ND, a claim for relief resulting from childhood sexual abuse must be commenced within ten years after the plaintiff knew or reasonably should have known that a potential claim exists resulting from alleged childhood sexual abuse. See: ND Code 28-01-25.1.

Also, under ND law for criminal reporting, you have 7 years from when you turned 15 to report sexual abuse of a minor for prosecution. See: ND Codes 29-04-01 to 04.

So, if you are within those time frames, you can file a civil suit against the doctor for the sexual abuse and you can also file criminal charges with the DA.

In the civil suit for the sexual abuse, you would be able to seek damages for the emotional harm, does not need to be physical harm.

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.

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Customer reply replied 1 month ago
Do I need to find a prosecuting attorney for the molestation? Not sure malpractice...see he had me keep coming back for appts. Even though I didn't have asthma so he could perform "a physical exam". That's why I say they are connected

Thank you for your reply.

Quite honestly, the malpractice is the least of his worries, but that has a statute of limitations of 2 years from when you turned 18, so that is the weakest claim you have and likely barred by the statute of limitations. See: N.D. Code 28-01-25.

You would need to bring your evidence of the sexual abuse to the DA in the city where it occurred and it is up to the DA whether or not to pursue charges. If he was molesting you, chances are there were many others as well, so once you come forward the DA is likely to find others.

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.

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Customer reply replied 1 month ago
I just remembered the molestation when I was 31 y/o. I'm now 45
Customer reply replied 1 month ago
Sounds like I am too late for either one...

Thank you for your reply.

Yes, as a matter of fact, ND Code 28-01-25 does not allow the regular limitations period to be "extended in any case longer than one year after the disability ceases and repressed memory is a disability under ND law. So you had only 7 years from 31 to take action I am afraid. Sorry.

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.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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