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REGARDS TO MY MEDICAL MALPRACTICE LAWSUIT EXCUSE examines…

THIS IS IN REGARDS *****...
THIS IS IN REGARDS ***** ***** MEDICAL MALPRACTICE LAWSUITEXCUSE examines the unique predicament of the doctor whose conduct is in question.
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EXCUSE focuses on the “actor.”.
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DEFENSE-MATTER REMAINS IN THE REALM OF SPECULATION
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Dr. S. CANNOT say that the Matter Remains In The Realm Of Speculation or Conjecture as a defense BECAUSE the ONLY “Realm Of Reality” was, In the Most ABSOLUTE Sense, Dr S’s NEGLIGENT CONDUCT, that flowed naturally as being 100 % of the Direct and Proximate causes that resulted in BREACHING His Contractual Obligation with ME and establishing His LEGAL LIABILITY for the AGGRAVATION of My Pre-Existing Condition
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is what I wrote correct?
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or please write what i need to say
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THANK YOU
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Answered in 6 days by:
10/18/2017
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,829
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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.

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You can say just what you said as part of your argument, BUT you would need to support that statement above with medical expert testimony. If you cannot support that contention with medical expert testimony the defendant will seek to have it stricken by the court as "mere conjecture and self serving statements without required expert support," which is the statement they use when claims are not proven in accordance with the malpractice requirements.

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Customer reply replied 9 months ago
THANK YOU for your answer.
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Right now , i am preparing the notice of intent ( the shot across the bow) which is a non-legal document, so I have some latitude here, Along with dazzling them with brilliance I also want to baffle them with a little bit of bulls***.
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Understanding that should this case move forward that an expert witness and his/her testimony will be require, , But until then
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DEFENSE-MATTER REMAINS IN THE REALM OF SPECULATION
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Dr. S. CANNOT say that the Matter Remains In The Realm Of Speculation or Conjecture as a defense BECAUSE
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IT WAS Dr S, HIMSELF, WHO DIAGNOSED ME WITH Cervical Spondylosis Myelopathy (CSM)
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and In the Most ABSOLUTE Sense,It was Dr S's,NEGLIGENT CONDUCT, that flowed naturally as being 100 % of the Direct and Proximate causes that resulted in BREACHING His Contractual Obligation with ME and establishing His LEGAL LIABILITY
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That he made NO attempt to call me and Expended ZERO effort to contact me to discuss prioritizing my canceled surgery
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That he decided BY HIMSELF, to Delay my Treatment (surgery) for 27 UN-Explained days, That was TOTALLY
UN-Acceptable to me
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and during that period, my CSM caused an AGGRAVATION (worsening) of My Pre-Existing Condition, Such that it will never return to its pre-existing state
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Does this have more bite?
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THANK YOU

Thank you for your reply.

You do have more latitude in the notice of intent, but I can tell you that if you do not have an expert report they will ignore the letter of intent. I would tell you from defending these cases that we ignored any claims not supported by some medical support and documentation. So, you need to have some type of support for all of the allegations you are making above.

Again, you are making your own conclusory statements, you need to give more support to those statements or the provider will ignore your notice of claim.

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 8 months ago
SORRY FOR MY DELAYED RESPONSE
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My NOI ( NEGLIGENT CONDUCT- 1) BREACH OF CONTRACT...2) 27 UNEXPLAINED DAYS IN DELAYING MY TREATMENT (SURGERY)
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INJURY- PERMANENT AGGRAVATION OF A PREEXISTING CONDITION
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I know that quantity is not always quality , but ASSUME (DANGEROUS WORD) that mine is
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-42 primary doctor MR
-9 primary doctor MR PSYCHS
-6 hospital MR,
-5 officials communications between me and the hospital,
-4 surgeon's consultation notes
-18 PAGES OF RX
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If this goes to trial I will have collected over 100 peer to peer scholarly journal articles and research papers that support my position
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Max Medical Improvement reached 1/16/2017
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-2 self reporting evaluations based on 10 medically recognized "self reporting evaluations",
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-a "projected" SUBSTANTIAL FACTOR of 85% - The Substantial Factor in causing harm is a factor that a reasonable person would consider having contributed to the harm. It must be more than a remote or trivial factor; an event which is closest to, or immediately RESPONSIBLE for causing, some observed result. In a MEDICAL MALPRACTICE lawsuit, the “cause in fact” is the condition, action, or object that caused the plaintiff's injuries. The cause in fact may have caused the entire injury or only a part of it. When the defendant's behavior created the cause in fact, the defendant is be liable for NEGLIGENCE .
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The SUBSTANTIAL FACTOR assesses the relative magnitudes of the preexisting probability of recovery (Pb) and the probability of recovery after the negligent action (Pa)
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-a "LOSS CHANCE" projected 85% - law is invited to assess hypothetical outcomes, either affecting ME where Dr. S’s BREACH of Contract or of the duty of care for the purposes of Dr. S's Negligent Conduct, Delay In Surgery. deprived me of the opportunity to obtain a benefit and/or avoid a loss. OF MORE THAN 50% and/or AVOID A LOSS of more than 50%
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I must demonstrate that the lost opportunity itself, rather than the physical harm, “more probably than not” resulted from the asserted Dr. S's NEGLIGENT CONDUCT, DELAY IN TREATMENT (SURGERY)
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the "BUT FOR" TEST -“BUT FOR” Dr. S and HFHosp; that their NEGLIGENT CONDUCT Produced Consequences Without the Intervention of Any Independent, Unforeseen Cause Without Which the Worsening of My CSM PERMANENT DYSESTHESIA a WOULD NOT Have Occurred. .
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"PROXIMATE CAUSE" TEST show NO intervening or outside influences - , that their NEGLIGENT CONDUCT Produced Consequences Without the Intervention of Any Independent, Unforeseen Cause, Without Which the Injuries Would NOT Have Occurred.
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YA THINK MAYBE I CAN NAIL HIS A** ?!
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AS ALWAYS THANK YOU
Customer reply replied 8 months ago
CSM (CERVICAL SPONDYLOSIS MYELOPATHY)
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:PS- “Beyond A Reasonable Doubt”
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Proving Dr. Ss NEGLIGENT CONDUCT, requires my “PROOF” to be at the LOWEST Standard Of Proof, “Preponderance Of The Evidence”.
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This means there just has to be enough evidence to make MY TRUTH 51% MORE BELIEVABLE THAN Dr. S's TRUTH that Dr s's NEGLIGENT CONDUCT, Caused The Foreseeable, Avoidable And Harmful Aggravation Of My Pre-Existing CSM
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My NOI PROVED Dr. S's NEGLIGENT CONDUCT at the HIGHEST STANDARD Of Proof And Of Evidence
“BEYOND A REASONABLE DOUBT”
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My NOI PROVED that the ONLY LOGICAL EXPLANATION that can be derived from the facts is that Dr. S’s NEGLIGENT CONDUCT caused my aggravation and that NO OTHER LOGICAL EXPLANATION can be inferred or deduced from the evidence..
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An ABSOLUTE or mathematical certainty is NOT needed; ONLY A MORAL CERTAINTY.
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However, My NOI PROVED, both in an ABSOLUTE mathematical certainty and in an ABSOLUTE moral certainty. that Dr. S NEGLIGENT CONDUCT Caused The Foreseeable, Avoidable And Harmful Aggravation Of My Pre-Existing CSM Condition
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AS ALWAYS THANK YOU
>
PPS- My NOI was 153 pages of evidence and 354 pages of official relevant documentation (annexures).
Customer reply replied 8 months ago
after your response i will close this out and tip
>
thank you

Thank you for your reply.

You can call it what you like, breach of contract, delays in care, but the facts you are alleging all describe negligent conduct and as such you are talking about medical malpractice. It is not the label you choose to put on it, but the facts of your case place it into that category even though you are trying hard to avoid it.

Peer to peer scholarly research journal articles and papers are considered "hearsay" in court under the Rules of Evidence, because they cannot be cross examined and because the court requires any expert posing such opinions to testify in court.

Self reporting is not necessarily proof of anything, because the court considers that biased and self serving claims of the reporter.

I am not saying you have no case, on the contrary, I am saying you have a case and you are about to hurt your case by not treating it as what it truly is from your facts above, medical malpractice, which means you must have a medical expert testifying and all of the things you have above aside from your medical records would not be overly helpful to your case because they are hearsay.

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: Personal Injury Law
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