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What to Do????

  • Thread starter Thread starter elm1949
  • Start date Start date

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elm1949

Guest
Well, you know what they say about hindsight...When this attorney wrote letters and called the Dr.(investigating the case) He had not asked me to sign any papers retaining him. Believe it or not, I've never had to hire an attorney, and was not savy to any procedures. I first talked to this attorney in May of 2003, and I assumed when he started investigating and requesting info from the drs., he was my attorney.Then on 12/31/2003, he wrote me a letter and told me to pick up my files, and said he would have to decline to represent me. He recommended I get another opinion. That's why I had to file pro se, as my incident at the E.R. was 1/17/2002, even though I was not aware of the specific injury & my options, wasn't until November 2003 that my last ENT, wrote me the letter and explained his findings, giving me the option of surgery. So, you see, without an affidavit, I think I'm SCREWED!
Any thoughts? Thanks for your concern, Lois
 


rmet4nzkx

Senior Member
I don't know about the statute of limitations, did you "attorney" look into the possibility of filing a suit against the hospital which would include administrative issues leading to what happened under "respondeat superior" respondeat superior definition – respondeat superior is the doctrine that holds an employer liable for the employees actions committed during the scope of employment.

and the maker of "Rapid-Rhino" that would be broader and perhaps include several isues which lead to what happened as opposed to singling out the ER nurse which would be harder to prove, and possibly a settlement. Did you make a claim at the hospital? Check to see if you are required to serve a "notice of intent to sue" it may be called something else there so you can get it filled within the SOL. Call a med mal and ask including the hospital and RR as defendants if that would be a case they might take?
 
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elm1949

Guest
Nothing was filed to my knowlege, except the Civil Action I filed in State Court against the Dr., nurse & their employer. As I said, the drs. & nurses are contracted by Georgia Emergency Assoc. Would then the hospital be liable for what Georgia Emergency employees do while on staff? I wish there was an attorney following all of our posts and would at least give me a chance. I have talked to so many people, I feel like I'm bothering them with my problems. It really is nice that you're concerned. If I call an attorney, in order for them to get a grasp of things, I have to explain in full w/details, and most do not want to listen, since we're no talking millions of dollars and I don't have a life threatening disorder! But right is right, and I will carry on. Thanks
 

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