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James Brian Pentlarge

James Pentlarge’s Answers

1 total

  • Can I sue a doctor in a hospital after he made a medical decision about my care without examining or talking to me in person?

    I've had two back surgeries and am still having problems and the doctor who performed my surgeries had set up a plan for when I moved into town, however when I moved and went to the clinic I found that the doctor no longer worked there and a new d...

    James’s Answer

    If your Doctor was negligent, and his negligence caused injury to you, then you may have a case for medical negligence or medical malpractise against your doctor. If your doctor was an employee of the hospital, then you may have a case against the hospital, too.

    Your doctor's actions are negligent if he deviated from the standard of medical care in your case. Proving this usually requires an opinion from another medical doctor. Your injuries must be directly caused by your doctor's negligence.

    Please also BE AWARE that a time limit known as the statute of limitations applies to these claims. You must be sure to file any lawsuits before the limit expires or your rights may be lost. IN ALASKA the limit usually expires 2 years after the malpractice occurred or two years after you should reasonably have become aware the malpractice occurred. Determining when the statute of limitation expires in a medical malpractice claim is usually unique to each case and you need to discuss the specific facts of your case with a lawyer as soon as possible. If you do not file a lawsuit before the limit expires your rights could be lost forever. This is an important issue. We urge you to get advice about this immediately.

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