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Medical Malpractice in small claims court; I am thinking about filing a claim.

This is a discussion on Medical Malpractice in small claims court; I am thinking about filing a claim. within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; I would like to know if my case would hold in a small claims court. As a minor, my main ...

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Old Feb 28th, 2012, 06:19 PM   #1
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Default Medical Malpractice in small claims court; I am thinking about filing a claim.

I would like to know if my case would hold in a small claims court. As a minor, my main doctor was very concerned about my constant cough and my poor immunity to viral infections. So he sent me to an allergist when I was about eight yrs of age. The allergist diagnosed me as being allergic to many different substances, so I went through him for the next four years for vaccinations. We found out on the fourth year he had been giving out expired vaccinations to his patients, and ended seeing him. About three years later we decided to try a new doctor for the allergies I had been diagnosed with. My new doctor ran all the same tests, and discovered I had none of the allergies that I had been diagnosed with from before. The same year they had ran more tests on me and discovered I had a life threatening illness known as cystic fibrosis. Not only am I upset about all the money he embezzled from our health insurance stating these fake diagnosis, but having an illness like that going medicated for several years because of the neglect he gave his patients to make his quick buck. I am eighteen now, and was thinking about filing a claim. And I was also wondering if it was still even an option over the period of time its been.
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Old Feb 28th, 2012, 11:08 PM   #2
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Default Re: Medical Malpractice in small claims court; I am thinking about filing a claim.

I wish to inform you that you can file a case of medical malpractice. As the doctor had provided wrong medicine thus doctor can be held liable. As you are now 18 years of age and have come to know about incorrect medicine thus your time for Statue of Limitation will start now.

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Old Feb 28th, 2012, 11:29 PM   #3
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Default Re: Medical Malpractice in small claims court; I am thinking about filing a claim.

As you attained majority you can file a case for medical malpractice against the doctor who wrongly diagnose the disease. In this regard you have to produce the reports of diagnosis and the medicines prescribed by that particular doctor and all the medical bills regarding the treatment as evidence.
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Old Feb 29th, 2012, 06:34 AM   #4
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Default Re: Medical Malpractice in small claims court; I am thinking about filing a claim.

Quote:
Originally Posted by Binter93 View Post
I would like to know if my case would hold in a small claims court. As a minor, my main doctor was very concerned about my constant cough and my poor immunity to viral infections. So he sent me to an allergist when I was about eight yrs of age. The allergist diagnosed me as being allergic to many different substances, so I went through him for the next four years for vaccinations. We found out on the fourth year he had been giving out expired vaccinations to his patients, and ended seeing him. About three years later we decided to try a new doctor for the allergies I had been diagnosed with. My new doctor ran all the same tests, and discovered I had none of the allergies that I had been diagnosed with from before. The same year they had ran more tests on me and discovered I had a life threatening illness known as cystic fibrosis. Not only am I upset about all the money he embezzled from our health insurance stating these fake diagnosis, but having an illness like that going medicated for several years because of the neglect he gave his patients to make his quick buck. I am eighteen now, and was thinking about filing a claim. And I was also wondering if it was still even an option over the period of time its been.
Only with the information on the state you are residing in, the state the medical treatment was given can anyone advise as to whether your claim is within the statute of limitations.

As to proving malpractice, it will take examination of your records and testimony of a medical professional expert witness to maintain the claim.

You are now at the age of majority when you can file suit on your own. In most states, the statutes of limitations would not apply allowing you to file suit once you reach legal age.

Medical malpractice suits are not best heard in small claims court but in superior court for many reasons. One: The amount of damages a claim such as yours would warrant would far exceed the monetary limit of small claims court. Two: Prosecuting medical malpractice is the type of claim a lawyer who has much practice in this field should handle, not an amateur. Three: This type of case is most often tried to a full jury which is impaneled in superior court and not always an option in small claims courts.

My advice is to see a lawyer who handles medical malpractice to have him or her evaluate your claim. Malpractice suits are usually handled on an contingency basis, too. So a lawyer would not be likely to take the case unless he or she believes they can win it.
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