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  #1  
Old 10-23-2009, 10:14 AM
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can you sue for pain and suffering alone

What is the name of your state (only U.S. law)? Virginia
I had emergency surgery in Jan. 2007 and as a result I will have gastric issues for the rest of my life. Several lawyers stated that I could not sue for malpractice and since then, the statue of time limitation (?) has expired. But can I sue the doctor just for pain & suffering?
  #2  
Old 10-23-2009, 10:23 AM
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Location: I dunno. What time is it?
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Quote:
Originally Posted by mccoy68 View Post
What is the name of your state (only U.S. law)? Virginia
I had emergency surgery in Jan. 2007 and as a result I will have gastric issues for the rest of my life. Several lawyers stated that I could not sue for malpractice and since then, the statue of time limitation (?) has expired. But can I sue the doctor just for pain & suffering?
No.

The cause of action is malpractice.

The damages include medical expenses, pain and suffering.

Since you cannot file a claim due to the SOL, you cannot recover ANY damages.

Sorry.
  #3  
Old 10-23-2009, 01:53 PM
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statute of limitations

Quote:
Originally Posted by mccoy68 View Post
What is the name of your state (only U.S. law)? Virginia
I had emergency surgery in Jan. 2007 and as a result I will have gastric issues for the rest of my life. Several lawyers stated that I could not sue for malpractice and since then, the statue of time limitation (?) has expired. But can I sue the doctor just for pain & suffering?
Statute of limitations having expired, no claims can be made.
  #4  
Old 10-23-2009, 06:55 PM
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Location: Philadelphia, PA
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And if there was no malpractice (negligence), then you NEVER could have sued, at least not successfully. All surgeries have risks and it appears that is what happened to you.
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