Comments on: A malpractice case filed a day late http://www.kevinmd.com/blog/2007/01/malpractice-case-filed-day-late.html Tue, 14 Feb 2012 19:56:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2007/01/malpractice-case-filed-day-late.html#comment-70695 Anonymous Mon, 22 Jan 2007 04:03:00 +0000 http://clients.emmense.com/kevinmd/2007/01/a-malpractice-case-filed-a-day-late.html#comment-70695 Anon 7:16, are you drunk when you post? Anon 7:16, are you drunk when you post?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/01/malpractice-case-filed-day-late.html#comment-70691 Anonymous Mon, 22 Jan 2007 00:16:00 +0000 http://clients.emmense.com/kevinmd/2007/01/a-malpractice-case-filed-a-day-late.html#comment-70691 There might be some strategic advantage in delaying the filing of lawsuits until the SOL is almost gone. Then again, perhaps plaintif's attorneys are still functioning much like they did in college, pulling all nighters to scrape together a paper to hand in at the last second. Why they don't leave themselves a week's buffer is beyond me. File any old piece of crap in time to get the SOL clock off your back and ammend later. There might be some strategic advantage in delaying the filing of lawsuits until the SOL is almost gone. Then again, perhaps plaintif’s attorneys are still functioning much like they did in college, pulling all nighters to scrape together a paper to hand in at the last second. Why they don’t leave themselves a week’s buffer is beyond me. File any old piece of crap in time to get the SOL clock off your back and ammend later.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/01/malpractice-case-filed-day-late.html#comment-70685 Anonymous Sun, 21 Jan 2007 21:01:00 +0000 http://clients.emmense.com/kevinmd/2007/01/a-malpractice-case-filed-a-day-late.html#comment-70685 Lawyer malpractice for missing the SOL? That's a joke in this unfair playing field. I'm being sued for a patient I never even saw, and I can't even get myself dropped from the case. The Plaintiff's hold all the cards. That's Lawyer malpractice. But as I've been told, in my state, you can't counter-sue or fight back. It's just like being a NAMBLA victim. Lawyer malpractice for missing the SOL? That’s a joke in this unfair playing field. I’m being sued for a patient I never even saw, and I can’t even get myself dropped from the case. The Plaintiff’s hold all the cards. That’s Lawyer malpractice. But as I’ve been told, in my state, you can’t counter-sue or fight back. It’s just like being a NAMBLA victim.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/01/malpractice-case-filed-day-late.html#comment-70677 Anonymous Sun, 21 Jan 2007 16:51:00 +0000 http://clients.emmense.com/kevinmd/2007/01/a-malpractice-case-filed-a-day-late.html#comment-70677 How often is there lawyer malpractice cases? Seems to me it is rare enough that you hear about it when it happens. Talk about collusion. How often is there lawyer malpractice cases? Seems to me it is rare enough that you hear about it when it happens. Talk about collusion.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/01/malpractice-case-filed-day-late.html#comment-70671 Anonymous Sun, 21 Jan 2007 13:12:00 +0000 http://clients.emmense.com/kevinmd/2007/01/a-malpractice-case-filed-a-day-late.html#comment-70671 I take extreme umbrage at the AP headline: Neither the statute of limitations nor the elements of the tort of medical malpractice (or any other tort, for that matter) are "technicalities."<br/><br/>Every second-year law student knows that a tort "occurs" when the injury is first discovered (or could reasonably have been discovered). Every would-be lawyer studying for a state bar exam knows the SoL for particular torts in that particular state (e.g., I still remember after all this time that in New York State the SoL for medmal is 2.5 years and not 3 years as for other malpractice and negligence suits, thanks to a special exception bought by the medical lobby).<br/><br/>Meanwhile, this is now an open-and-shut case of <b><i>lawyer</i></b> malpractice. No reasonable attorney would have made this mistake. I take extreme umbrage at the AP headline: Neither the statute of limitations nor the elements of the tort of medical malpractice (or any other tort, for that matter) are “technicalities.”

Every second-year law student knows that a tort “occurs” when the injury is first discovered (or could reasonably have been discovered). Every would-be lawyer studying for a state bar exam knows the SoL for particular torts in that particular state (e.g., I still remember after all this time that in New York State the SoL for medmal is 2.5 years and not 3 years as for other malpractice and negligence suits, thanks to a special exception bought by the medical lobby).

Meanwhile, this is now an open-and-shut case of lawyer malpractice. No reasonable attorney would have made this mistake.

]]>