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  1. #1
    bagpiper54 is offline Junior Member
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    Exhausted Appeals

    What is the name of your state? TN
    If the TN Supreme Court denies an application for reviewing a malpractice
    case based on the statute of limitations, is there any other course that can
    be taken by an individual in order to get the case before a jury?
    It was dismissed 11 months from filing and just prior to the trial before a jury.
    The judge based it on "when a person should have known" not from
    the date the malpratice was indicated by another treating physician and
    then confirmed by another treating physician.
    The appeals court would not reverse. Their summary of the reason was riddled
    with error and assumed opinions. The judge writing the summary even referred
    to me as "Dr." with numerous other calculation errors.
    The TN Supreme Court denied the application without allowing the case to be
    reviewed.
    Is that the absolute end or is there another place one could go for a hearing?
    Thanks
  2. #2
    ellencee is offline Senior Member
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    Quote Originally Posted by bagpiper54 View Post
    What is the name of your state? TN
    If the TN Supreme Court denies an application for reviewing a malpractice
    case based on the statute of limitations, is there any other course that can
    be taken by an individual in order to get the case before a jury?
    It was dismissed 11 months from filing and just prior to the trial before a jury.
    The judge based it on "when a person should have known" not from
    the date the malpratice was indicated by another treating physician and
    then confirmed by another treating physician.
    The appeals court would not reverse. Their summary of the reason was riddled
    with error and assumed opinions. The judge writing the summary even referred
    to me as "Dr." with numerous other calculation errors.
    The TN Supreme Court denied the application without allowing the case to be
    reviewed.
    Is that the absolute end or is there another place one could go for a hearing?
    Thanks
    Your claim/lawsuit is probably dead; but, what does your attorney say?

    EC
  3. #3
    ellencee is offline Senior Member
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    dedlock,
    I'm sorry to oppose your answer, truly; but, this post is about the loss of an appeal. Obviously, a lower court ruled in favor of the defense that the plaintiff should have known about the negligent act at point X and failed to initiate a lawsuit within the time limit (statute of limitations). Obviously, again, the appeal court upheld the lower court's ruling.

    The OP wants to appeal the appellate court's decision, though the OP did not make himself/herself clear.

    The OP did state that the TN Supreme Court denied a hearing on the claim r/t the statute of limitaitons r/t when the plaintiff should have known. The OP further stated that the TN appellate court upheld the TN Supreme Court ruling.

    This topic is way beyond out of my league of professional knowledge; but, it is my personal opinion as a US citizen that the next step is to find an attorney willing to take the claim to the US Supreme Court and ask for their review of the decisions. (I don't think it will happen, either.)

    EC
  4. #4
    dedlock Guest
    Quote Originally Posted by ellencee View Post
    dedlock,
    I'm sorry to oppose your answer, truly; but, this post is about the loss of an appeal. Obviously, a lower court ruled in favor of the defense that the plaintiff should have known about the negligent act at point X and failed to initiate a lawsuit within the time limit (statute of limitations). Obviously, again, the appeal court upheld the lower court's ruling.

    The OP wants to appeal the appellate court's decision, though the OP did not make himself/herself clear.

    The OP did state that the TN Supreme Court denied a hearing on the claim r/t the statute of limitaitons r/t when the plaintiff should have known. The OP further stated that the TN appellate court upheld the TN Supreme Court ruling.

    This topic is way beyond out of my league of professional knowledge; but, it is my personal opinion as a US citizen that the next step is to find an attorney willing to take the claim to the US Supreme Court and ask for their review of the decisions. (I don't think it will happen, either.)

    EC
    Actually, EC I think he lost the appeal and wanted to try to understand why it was denied a hearing before the Supreme Court.

    I figured you would know appeals look at the lower court's error. And once it has determined "no error" there is little chance a higher court will hear the case.

    This person clearly does NOT understand the SOL.
    The judge based it on "when a person should have known" not from the date the malpratice was indicated by another treating physician and then confirmed by another treating physician.
    That's why I provided the information FOR HIM/HER.
    Last edited by m martin; 06-05-2007 at 05:49 PM.
  5. #5
    Happy Trails is offline Senior Member
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    You should have posted the address to that site, like this: [url]http://www.mc.vanderbilt.edu/root/vumc.php?site=RiskMgmt&doc=1807[/url] and should have removed the content.
    Last edited by m martin; 06-05-2007 at 05:50 PM.
  6. #6
    ellencee is offline Senior Member
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    Quote Originally Posted by dedlock View Post
    Actually, EC I think he lost the appeal and wanted to try to understand why it was denied a hearing before the Supreme Court.

    I figured you would know appeals look at the lower court's error. And once it has determined "no error" there is little chance a higher court will hear the case.

    This person clearly does NOT understand the SOL.

    That's why I provided the information FOR HIM/HER.

    Unfortunately, you think this is about you. I can assure you that it is about the person who is asking a question. It is my intention to try to assist the person who has a question inspite of being attacked by you (now HappyTrails) everytime I respond to a post.

    Try not to take things so personally. It helps to stay focused on the question. Could you read through the person's question again and then my response to see that I really am attempting to provide additional information to them. I never mentioned your name.
    I do not think this post is about me; I think your participation on this forum is about me. However, I tried to politely state that I think you missed the point of the OP's question and I still do.
    Last edited by m martin; 06-29-2007 at 01:17 PM.
  7. #7
    dedlock Guest
    Quote Originally Posted by ellencee View Post
    I do not think this post is about me; I think your participation on this forum is about me. However, I tried to politely state that I think you missed the point of the OP's question and I still do.
    It has to be about you. If you think for one second that I care what you think you know about me you are more narcissistic than I thought about you.
    Last edited by m martin; 06-29-2007 at 01:18 PM.
  8. #8
    bagpiper54 is offline Junior Member
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    Exhausted Appeals(Restated)

    Sorry for the trouble.
    The Circuit Judge was cooperative for 11 months. Came in to hearing and said, "I'm tired
    of this case" and gave summary judgement. My attorney made appeal requesting review.
    The Judge said he would not reverse. He stated, "it is one of the worst cases of mal-practice he had ever seen and the case should be heard by a jury". The Judge told my
    attorney that she did her job so well that she actually "did it too well". Case sent to Appeals
    Court. Decision not to reverse due to fact that I experienced pain during an extended time
    with infections and loss of 13 teeth and I should have known I was being damaged.
    The dental office added negative(missed apts) to my records after case filed. No apts. missed. One date listed was the same as day I had x-rays and receipt for services. Dentist restoring teeth reviewed original dentist x-rays and found that three root canals only partially drilled and packed.(source of infection) Last recorded visit 10/30/03 but
    I have receipts for visits in 12/03. Pharmacy called for antibiotics 01/03/04. I visited
    a dentist known for restoring teeth on 01/20/04 with three surgeries and $25K cost
    through 10/05. I requested my records from original dentist on 10/04 hoping to file on
    a personal disability policy. Reviewing records I noticed something odd. Six pages were
    identical handwriting. Same pen, same slant, same shade even though written over a
    2 year period and 30 entries. Records had been re-written. I took to dentist restoring my
    teeth along with original x-rays. He and colleague (both 30 years each as dentist) and
    concluded that problem experienced was "caused". We filed our case on 01/13/05.
    Both dentist submitted statements that it would have taken a "trained professional" looking
    at x-rays and records to determine the cause.
    Sorry for the long post but wanted to make things clear and the frustration of being turned
    down with things as clear as they are. The opposing attorney sent an email to my attorney
    stating his disbelief and that "knowing Judge _______ as he does, the only reason I can think of for his decision is his distaste for your client as a person". I was never before
    this judge at any time and could have barely pointed him out in a crowd.
    My attorney sent appeals to TN Supreme Court with numerous cases cited. One with
    TN Supreme Crt regarding discovery stating that if there was material evidence of mal-practice that summary judgement was not proper and the case should be heard by a jury.
    3 months later/application denied.
    I just thought that there might be some sort of recourse in an effort to get this case looked
    at. We are willing to write and appeal to someone somewhere somehow. The cost has
    devastated us. Thanks for any input.
    Bagpiper54

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