Skip to main content

Lifting a Stay on Medical Negligence case

Sacramento, CA |

What specifically do I need to lift a stay? How is it breaching the doctor's 5th amendment right when no more discovery is needed?. It is going to arbitration. I am arguing on my right to due process as it will be five years to go to criminal court before my civil case can be heard due to the stay. I am also part of the criminal case. I am arguing that the delay would be a severe burden to myself, the publics' interest in getting this man convicted, Gov. Code sec. 68603 & 68607, no extra burden on the court, and I have cases listed in my Memorandum in support of motion to lift stay. I would appreciate specific answers as I obviously am not an attorney and it is imperative that I can represent myself in a concise, educated manner. Please educate me.....

+ Read More

Attorney answers 4

Posted

You need to hire a lawyer. This is a very complicated area of law, and if you do have a case, there is a good chance you may damage or destroy the chances of a favorable outcome by trying to represent yourself. This is not an area of the law where self-represented plaintiffs generally do well.

Caveat: I am only licensed to practice law in California. This answer is intended as legal information rather than legal advice, and it should not be relied on in any particular set of circumstances. Because each situation is fact specific, it is impossible to accurately evaluate a legal problem and suggest a course of action without a comprehensive consultation and review of all the facts and documents. The provision of this information does not create an attorney-client relationship.

Asker

Posted

Thank you Tahj for responding. I just let my lawyer go. I understand I do need one but until I find a competent one I need to represent myself.. There is not a question if I have a case. That being said, if you have any legal angles please let me know.

Tahj Emmanuel Gomes

Tahj Emmanuel Gomes

Posted

It is possible to lift the stay, but it will require a motion. That is not something you should do yourself. If there are ultimately charges proven against the doctor, the conviction(s) may well be admissible in the civil case, which is a good reason to let that case proceed, and wait until it resolves. Also, restitution often overlaps with civil damages - an issue of credits.

Asker

Posted

Thank you Tahj, I already filed my memorandum in support of motion to lift stay which I did myself. I have a hearing on the 12 of Sept. I already had his lawyer served with the document. I realize I should have a lawyer but mine was not competent enough. What type of lawyer would represent me in court on such short notice that deals specifically in lifting stays? I have an undisputable case as I have picture and Surgeons reports on the female mutilation he did to me. This is a very serious case and is imperative that I don't have to wait anther three years as it has already been two years. I have not found somebody to fight for me so I am doing it myself. So if again thank you for trying to help.

Tahj Emmanuel Gomes

Tahj Emmanuel Gomes

Posted

It should be an experienced medmal plaintiff's lawyer - someone who does enough cases in the area to know the complicated body of law. Avvo should be useful in identifying someone like that in your area.

Asker

Posted

Thank you Tahj

Arthur Richard Liberty

Arthur Richard Liberty

Posted

Asker, Your motion and points and authorities turn on nuances even some of my most skilled brethren neither understand nor are capable successfully advocating. Simply making your motion can prejudice your case if you are not successful. The doctor will simply not testify nor provide discovery responses because he faces criminal prosecution. You may go forward without his testimony but you are taking a huge gamble. Unless you now are an expert in the area (I know people who become just that in legal matter), please give your case to an expert attorney before you reach a point of no return.

Asker

Posted

Richard, thank you for responding. I am actually interviewing lawyers presently. I hope I find a competent one. I am far from an expert and in way over my head however, I will not back down and be victimized again by the system. What about my right to due process. ? I do not need further discovery from the doctor. When can due process outweigh the fifth amendment?

Posted

Retain one of the lawyers in your state above to resolve this, as it would be tough to handle it yourself.

Asker

Posted

Thank you Christian for responding. Believe me, I do not want to represent myself. I know nothing about law. I just let my lawyer go as mentioned above. Again, in the mean time and information that you would have that would bolster my position I would greatly appreciate it.

Posted

Hire an attorney in your area.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Posted

Hire an attorney in your area.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer