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    Re: LEGAL FAILURE TO SUE DORTOR DUE TO SATUE OF LIMITATATION

    Posted by been there on 4/28/03

    On 10/05/02, GRECELDA NAVARRTE wrote:
    > MR SCRUGSS FAILED TO KEEP ME IN FORM ON STATUS OF CLAIM
    AND
    > I DID NOT KNOW ABOUT STATUE OF LIMITATIONS. LAST TIME I
    SAW
    > HIM HW SAID WE WOULD GOT COURT AND FIGHT ON NEGILENCE
    AFTER
    > HEARING AT WORKMANSCOMP, BUT THEN I RECEVIED A LAWYER
    > STATED THE HE WAS NOT GONIG TO CONTINUE ON THE CASE INCE
    HE
    > FELT THAT HE WOULD NO WARRANT ANYTHING FROM GOING ON.I
    > CALLED THIS LAWYER EVERY OTHER WEEK AND DID AND I DID NOT
    > KNOW MUCH ABOUT THE LAW UNTIL I CALL ANTHER LAYER FRIEND
    > AND HE SAID THAT HE WOULD TALK TO HIM. THIS LAWYER CALLED
    > BACK AND SAID THAT HE HAD PUT ME ASIDE BUT THAT HE WOULD
    > LOOK INTE IT, FINALLY AFTER MANY THREATS ABOUT HIM NOT
    > DONING HIS JOB AND SO I GOT AN APPOINTMENT. I WENT TO THE
    > APPOINTMENT AND HE VERY SARCASTICALLY ASED ME WHAT I
    > WANTED, ILOOKED AT HIM AND SAID TO PUT HIMSELF AND HIS
    WIFE
    > IN MY PLACE AND ASKED HIM ,WHAT WOULD THEY WANT AND I SAID
    > NO MORE AND NO LESS.HE CHANGED HIS TONE AND AND SIAD THAT
    I
    > HAD TO DO LOTS OF PAPER TRAIL FROM DOCS. I SAIDWHY DID WE
    > NEVER DISPUTE OR HAVE ANBRC AND HE SACASTICALLY SAID YOU
    > WANT A BRC AND TOLD HIS NURSE GET ME A BRC. HE THEN SAID
    > THAT MY DOC NEVER ANSWER HIS LETTERS AND I REMARKED WHY
    DID
    > YOU NOT CALL OR TRY HARDER AND HE SAID YOU WANT ME TO
    CALL
    > YOU DOCTOR AND HE SAID OK I WILL BUT THE DOC WAS WITH
    > PATIENTS. HE LIKE I KNEW THAT HE COULD HAVE GOTTEN
    INFORMED
    > WITH THE DOCTOR ON A PROPER POSSITION. WELL I LAST ALL
    > COMPENSATION TO NERVE DAMAGE AFTER NECK SURGERY AND ALSO
    > GOT FIBROMYLATION ANY MYOFACAIL FROM THE TRAUMA OF THE
    > SURGERY. I NEED HELP BUT ALL DOCTORS ANS DEFENCE
    ATTORNEY'S
    > HAVE NO ETHIS, THE HAVE THIS GOD SYNDROME AND DON'T VARE
    > WHO THEY HURT. I AM A TEACHER FOR 24 YEARS AND WILL NEVER
    > BE ABLE TO TEACH AGAIN AND IWILL SUGER CHRONIC PAIN ALL MY
    > LIFE. IS THIS WHAT ANYONE WOULD WANT FOR A LOVED ONE?
    > PLEASE TELL ME WHERE I CAN GET HELP. I ALREADY WROTE TO
    THE
    > BAR STATE OF TEXAS, BUT THE LOOK AFTER THEIR LAWYERS TOO.
    > INED TO GO TO COURT EVEN IF I HAVE TO REPRESENT MYSELF, I
    > DON'T HAVE MONEY FOR A LAWYER ON WHAT I ESRN.
    > ....
    Lawyers can be sued for malpractice too. If your lawyer
    doesn't want to face this issue he better not let the
    statute of limitations pass. Since you have a lawyer
    involved and trying to help you in this matter it may affect
    the statute of limitations. You need to check on that.
    Call or contact the AMA and make a complaint against the
    doctor through them and ask them about the statute of
    limitations -- if it still applies since you have hired an
    attorney on the matter. Seek the advice of another
    attorney, one that not only deals with personal injury and
    malpractice with doctors, but also deals with malpractice
    with other attorneys. I live in TX and know what you are up
    against. As far as the pain you are in you need to get in
    with a good pain clinic and rehab. doctor. They specialize
    in treating patients like you. If you don't like the clinic
    you contacted, contact another until you find a doctor that
    can help. I went through 5 clinics before I found the
    doctors that could help me. I don't know if I can give you
    their names but I am going to try. Check out the Texas Pain
    Institute in San Antonio, TX. The doc is great, very
    skilled, and he is a teacher at the medical school there.
    It is worth the effort to travel to see him. When I first
    started with him 10 years ago you could self refer to him
    (meaning you don't need a doctor to refer you to him). Also
    he takes Medicare and Medicaid patients, which a lot of pain
    clinics will not do because of pay issues. He is with the
    Christus Santa Rosa Northwest Hospital in SA. Keep fighting.
    Good luck and God bless. But HURRY because the last I
    checked the statute of limitations in TX is three years from
    the date the doctor treated you, not from the time you
    realized that he goofed. Doctors here are very bad at
    refusing to forward medical records and answer letters and
    calls until the statute of limitations has passed. Any
    correspondence with the doc should be by certified mail with
    return receipt so that you have proof that you have been
    trying to work withing the statute of limitations.
    Hopefully your lawyer has forked out the money to do this.
    You need to find out and get copies of all the letters and
    the return receipts. Also in dealing with Medicare and
    Medicaid, get a return receipt for anything you send them,
    especially records because they have a bad habit of losing
    them or saying that they never received them. At the cost
    of obtaining these records you can't afford having to go
    back to the doctors requesting more copies because Medicare
    lost them. Remember Medicare is out to discourage you from
    filing for disability. They will deny and deny and deny you
    in the hopes that you will become frustrated and go back to
    work because you have no other choice. Every time you are
    denied, appeal. Also, Medicare has a bad habit of lying to
    you about what the specialists they send you to for
    evaluation say about your condition. They will say that the
    doctors found nothing wrong, when in fact, the doctors have
    said that you need immediate intervention. I found this
    out when I finally got all of my medical records for the
    hearing with the administrative law judge, where I finally
    won my disability claim. You have to hang in there and be
    the one in charge because nobody is going to fight for you
    like you can fight for yourself. Keep on the lawyers. Its
    there job and they are getting a hefty portion of your
    settlement as payment, so make them earn it. Demand copies
    of all records for yourself to protect against any
    accidental losses. Its a hard road, but if you are truly
    disabled because of that doctor, you have no other choice.
    In my case the doctor got away with the malpractice by
    withholding records, even from Medicare, until the statute
    of limitations had expired. If you can't get the doctor,
    get your disability and leave the justice for the doctor in
    God's hands. He is the ultimate judge that no one escapes.
    Wish you well in your endevor.

    Posts on this thread, including this one
  • LEGAL FAILURE TO SUE DORTOR DUE TO SATUE OF LIMITATATIONS TW, 10/05/02, by GRECELDA NAVARRTE.
  • Re: LEGAL FAILURE TO SUE DORTOR DUE TO SATUE OF LIMITATATION, 4/28/03, by been there.


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