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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12459
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Considering a Small Claims against a MD. Money involved is

Customer Question

Considering a Small Claims against a MD. Money involved is less than $3,000. Is it worth the trouble?
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Tax
Expert:  Lane replied 4 months ago.

The answer depends on the fact pattern of your case.

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If the MD, or his attorney, doesn't show you'll win by default.

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But if he/she does, and you win, you'll still have to hire a deputy sheriff or other individual to collect (enforce the judgment).

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And of course there's always the possibility that the MD's attorney will get things thrown out on a technicality (again, depending on the merits of your case and standing)

Expert:  Lane replied 4 months ago.

To succeed with a malpractice claim, you must establish all of the following facts:

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  • Duty. The doctor owed you a duty of care. This is automatic as long as you were a patient or a client.

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  • Carelessness. The professional failed to use at least ordinary professional skills in carrying out the task (unless the person claimed to be a specialist, in which case the standard is higher). This one can be tougher to prove, because unless the mistake is breathtakingly obvious, you'll normally need to get the opinion of one or more other professionals (experts) that your professional screwed up. In theory, you can do this via a letter, but since the professional you are suing will almost surely be in court denying all wrongdoing, it is far better to have your expert witness testify in person.

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  • Causation. The professional's carelessness directly caused the harm or injury you suffered. For most types of malpractice, showing that the professional caused your injury isn't a problem (if a dentist stuck a drill through your cheek, for example).

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  • Damages. The harm you suffered at the hands of the professional resulted in actual economic loss to you.
Expert:  Lane replied 4 months ago.

Please let me know if you have ANY questions at all, before rating me.

I hope you’ll rate me (using those stars, or faces on your screen, by clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content.

Otherwise I’ll receive no compensation for the time & expertise here at all, from JustAnswer.

Thank you!

Lane

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I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice to clients on three continents since 1986.

Expert:  Lane replied 4 months ago.

I’m just checking back in to see how things are going. ... Did my answer help? … If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit") ... But if you need more on this, please let me know. Lane