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If your medical civil case was dismissed due to not having a…

Customer Question
If your medical civil...

If your medical civil case was dismissed due to not having a presuit before asking the judge for a summary judgement . CAN YOUR CASE BE REFILED?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

FLORIDA

Lawyer's Assistant: What steps have you taken so far?

I WENT AS FAR AS THE HEARING FOR THE DEFENDANT, BUT WAS TOLD THAT THAT THE NEXT STEP WAS TO ASK FOR A SUMMARY JUDGEMENT. THE JUDGE DISMISSED THE CASE DUE TO NOT HAVING A PRESUIT. AS FAR I KNOW FLORIDA IS A WHAT YOU SEE STATE. THE NEGLIGECE WAS PLAIN TO SEE.

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

I HAD A BOTH OF MY BREASTS REMOVED, AND MALIGANT LYMPH NODES. THEY TOOK OUT AS MANY LYPMH NODES AS THEY COULD. I DEVELOPED A SMALL ULCER. I WENT TO A DEMERTALOGOLIST FIRST. BECAUSE THE DOCTOR WHO REMOVED MY BREASTS TOLD ME IF I SAW A GROWTH TO HAVE IT REMOVED IMMEDIATEDLY. I WENT TO A PLASTIC SURGEON. I GAVE HIM MY FULL MEDICAL HISTORY AND HE SAID HE COULD REMOVE IT. I WENT TO OUTPATIENT SURGERY. UPON COMING HOME I STARTED FEELING A BURNING SENSATION. I CALLED THE SURGEON AND WAS SCHEDULED 3 TIMES AFTER MY COMPLAINT 6 MONTHS APART. DURING THE TIME MY ARM TURNED DARK. FINALLY MY HUSBAND SPOKE TO HIM AND HE SAID HE NEVER SEEN WHAT WAS ON MY ARM BEFORE. FRUSTRATED, I MENTIONED PERHAPS I NEEDED A ATTORNEY. HE IMMEDIATELY DROPPED ME AS A PATIENT WITHOUT REFERRING ME TO ANOTHER DOCTOR. I WAS TOLD BY CIGNA INSURANCE TO GO TO TALK TO SOMEONE IN ADMINSTRATION. I DID, AND SHE SAID SHE WOULD TAKE MY CONCERNS TO ADMINSTRATION AND GET BACK TO ME. SHE NEVER CALLED. THE CALL I GOT WAS FROM A DEPARTMENT REFERRED TO AS PATIENTS RELATIONS. I COULD NOT GOT GET NO HELP THERE. IT WAS GETTING CLOSE TO THE TIME FOR ME TO HAVE MY CASE FILED. I FILED THE CASE PAID THE 437.00 TO DO SO. AND BECAUSE I DID NOT WHAT HAPPENED IN SURGERY I PAID 40.00 FOR THE JACKSONVAL SHERIFF'S OFFICE TO SERVE SUBPEONAS TO THE SURGEON AND THE LICENCED HOSPITAL, AND THE ANSESTHETHEOSLOGISGT BECAUSE I DID NOT KNOW WHAT HAPPENED. I SUBMITTED A LETTER FROM MY DOCTOR WHICH INDICTATED HE SHOULD HAVE HAD A CONVERSATION WITH HIM TO KNOW THE PATHWAY OF MY PAIN PUMP. I ALSO HAD A DEFAULT FROM DEVAUL COUNTY ON THE SURGEON DUE TO HIS NOT REPLYING IN HIS TIMELY MANNER. I ALSO SHOWED THE COURT LEGAL PAPERS IN WAYS IN A MANNER THAT A SURGEON SHOULD CONDUCT SURGERY WITH A PATIENT WITH A PAIN PUMP. AT THE HEARING THEY SAW THE HORRIFFIC SCARRING AND HEARD HOW AFRAID I WAS WHICH WAS NOTED CHEMICAL BURN? WOULD DO TO THE MOST AFFECTED ARM WHICH HAD BREASTCANCER, AND THE MOST AFFECTED LYMPH NODES. THE JUDGE DISMISSED THE CASE DUE TO ME NOT MY HAVING A PRE-SUIT. I WOULD LIKE TO KNOW IF I COULD FILE AGAIN WITH NEW EVIDENCE AND HAVING TO HAVE SKIN TRANPLANTS AND PAIN. I HAVE SUFFERED PHYSICALLY AND MENTALLY. AS A WOMAN YOU CAN COVER YOUR BREASTS WITH A BLOUSE. THE ULCER I HAD WAS ON THE UPPER TOP OFMY LEFTARM. MY LEFT ARM WAS DISFISGURED DOWN MY ARM. I NEED TO KNOW IF I CAN REFILE WITH NEW EVIDENCE AND ALONG WITH A PRE-SUIT. THANK YOU.

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/26/2018
Lawyer: Lucy, Esq., Attorney replied 3 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You can refile the case if two conditions are met:

  1. The judge entered the dismissal without prejudice. That means, "without prejudice to file again." If the case was dismissed with prejudice, you wouldn't be able to refile, so take a look at the order.
  2. The statute of limitations has not yet expired. Any time between filing the first case and dismissing it isn't counted, but the original statute remains in effect. You'll need to file before that time period ends.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Lawyer: Lucy, Esq., Attorney replied 3 months ago

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