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.
|