It certainly sounds like a case. While injury to the bobowel can be a risk of this procedure. Using too high of a bovie setting or being careless often causes these types of injuries. The fact that it has taken so long to obtain the records is also suspicious. Get your records and have them reviewed asap. Good luck. Noah
Yes, ... if the original doctor deviated from the acceptable standard of care in not stabilizing your backbones. There is a difference between "your original doctor caused it" vs. "he deviated from the standard of care". Its possible that he caused it and did not deviate from the standard of care.
You need to ask the OIP Dr. if in his medical opinion, the original doctor deviated from the acceptable standard of care. The statute of limitations in Pennsylvania is 2 years from when you knew,...
It can be 2 years, 5 years , 10 years or longer if the lawyers allow it.
Most cases can be resolved or brought to trial in Pennsylvania in about 2-3 years. The fastest is typically about 12-15 months and the longest is typically about 4-5 years if the lawyers were lazy.
Hope this helps
#1 - every effort should have been made to have your insurance carrier (if one exists) pay your defense fees
#2 - if you want to sue your lawyer for malpractice you would need to obtain a certificate of merit from another attorney stating the your attorney violated the standard of care for attorneys -
meaning - he did something or failed to take action that was violation of the standard of care for attorneys - this standard of care may be subjective -
the issue is not whether you...
Legal malpractice cases are often worth what the underlying value of the original case was worth, plus potentially more,
To prevail in a legal malpractice case, you need to show not only a deviation from the acceptable standard of care from the attorney. You also need to show that you would have won the underlying action but for the negligence of the attorney.
If you want to share additional facts, you can contact me.
I would be very surprised if an attorney filed suit over $500. If suit is filed, I would raise the defenses mentioned. You could always offer to settle the amount for less - say $100 or $200 or so - but make sure you protect yourself with regards to your credit report - meaning if you settle make sure you obtain documentation verifying such.
Certainly sounds like a case to me. It is strange that an insurance agent would have the nerve to tell you what percentage he/she thinks you were at fault. That is a question of fact for a jury, not for an insurance agent. I would contact and interview several lawyers asap.
We would be happy to speak directly with you as well.
Yes - it is legal for doctors to write their medical opinions - which may include opinions about your past use of prescription medications. I understand you do not like their terms - but those are the medical terms for consistent habitual use.
Unless, you can show that the records are false and that the doctors intentionally made false written remarks in an effort to harm your reputation, I would not waste any time worrying about it. Indeed, your records should be confidential and...
To answer your question simply, yes it is legal for doctors to discontinue medication. If you are worried, you can seek a second and/or third opinion. If you are take off medication, and another doctor is willing to state it was a deviation from the acceptable standard of care and you were caused harm ,then you may have a case.