Ellencee & others, need advice, yesterday

[Summer bee]

What is the name of your state? NY
Hi Ellencee & others.....I just had a personal injury lawsuit dismissed, the judge said I didn't have expert opinion to counter defendents expert. I have another law firm looking into this.

A while back I had explained that I was further injured by a physician assistant, when she gave me an SI joint injection without xray machine. Asked me to point to where it hurt.
I have permenant damage from injection, Dense Denervation, muscle wasting (paraspinal muscle on that side is Gone) I have added pain, more meds, loss of support to lower part of spine, etc.

Ellencee, you told me the PA is responsible.....

My problem is...I called many lawyers in this area, and as far as an hours plus drive from here. EVERY lawyer, even the ones that said I should pursue this, said No they could not, would not, take this case. I believe they all said 'conflict of interest'. They all know the doctor the PA worked for. They will not take action against him or anyone that works for him.

What now? Time is running out.

Thank you for any advise.What is the name of your state?

 

[ellencee]

What is the name of your state? NY
Hi Ellencee & others.....I just had a personal injury lawsuit dismissed, the judge said I didn't have expert opinion to counter defendents expert. I have another law firm looking into this.

A while back I had explained that I was further injured by a physician assistant, when she gave me an SI joint injection without xray machine. Asked me to point to where it hurt.
I have permenant damage from injection, Dense Denervation, muscle wasting (paraspinal muscle on that side is Gone) I have added pain, more meds, loss of support to lower part of spine, etc.

Ellencee, you told me the PA is responsible.....

My problem is...I called many lawyers in this area, and as far as an hours plus drive from here. EVERY lawyer, even the ones that said I should pursue this, said No they could not, would not, take this case. I believe they all said 'conflict of interest'. They all know the doctor the PA worked for. They will not take action against him or anyone that works for him.

What now? Time is running out.

Thank you for any advise.What is the name of your state?

The obvious answer is go out of the county for an attorney and get an expert opinion to substantiate your claim.

Did you attempt this lawsuit without an attorney?

EC

 

[Summer bee]

EC,

I had an attorney with the personal injury/product liability lawsuit. The defendent's attorney submitted an expert's opinion & an affidavit from another. I learned with the judges decision my lawyer didn't submit any. Judge stated he had to go with defendent because I had nothing before him to counter those opinions. I'm still in shock about that.

As far as a med mal case, I've not found an attorney that will even look at a case against this doctor or his assistant. I've tried three neighboring counties. All my doctor's reports state 'result of injection therapy'

I can't work ( comp court judge ruled me as total perm). If I didn't have a husband that loves me, I'd be in the street or worse.

 

[rmet4nzkx]

EC,

I had an attorney with the personal injury/product liability lawsuit. The defendent's attorney submitted an expert's opinion & an affidavit from another. I learned with the judges decision my lawyer didn't submit any. Judge stated he had to go with defendent because I had nothing before him to counter those opinions. I'm still in shock about that.

As far as a med mal case, I've not found an attorney that will even look at a case against this doctor or his assistant. I've tried three neighboring counties. All my doctor's reports state 'result of injection therapy'

I can't work ( comp court judge ruled me as total perm). If I didn't have a husband that loves me, I'd be in the street or worse.

Was your attorney one with experience in litigating PI or Med/mal cases? When the defense motioned for summary gudgement, did your attorney answer in any way?

 

[ellencee]

EC,

I had an attorney with the personal injury/product liability lawsuit. The defendent's attorney submitted an expert's opinion & an affidavit from another. I learned with the judges decision my lawyer didn't submit any. Judge stated he had to go with defendent because I had nothing before him to counter those opinions. I'm still in shock about that.

As far as a med mal case, I've not found an attorney that will even look at a case against this doctor or his assistant. I've tried three neighboring counties. All my doctor's reports state 'result of injection therapy'

I can't work ( comp court judge ruled me as total perm). If I didn't have a husband that loves me, I'd be in the street or worse.

Contact your state's bar association. Most state attorney's bar associations will give you the names of two or three attorneys who specialize in the area of law in which you are in need of representation. You may have to do a web search to find interested attorneys.

It is important to know if you retain the right to file another lawsuit. Post the exact wording from the 'dismissal' or judge's ruling.

It may be that you are in need of a malpractice attorney to sue your former attorney for failing to perform at the required level of competency. Your attorney knew, or should have known, that he had to have expert testimony for your hearing/trial.

EC

 

[Summer bee]

Yes, my attorney did submit papers opposing the summary motion. I don't really know what he specializes in. He took the case and based on the 'facts' I read in his opposing papers, I was confident the judge would rule in my favor. I didn't know anything about needing an expert (to confirm our 'facts')

In the judge's decision he said For reasons set forth herein (defendents) motion for summary judgement must be granted and (plaintiffs) complaint dismissed.

 

[ellencee]

Yes, my attorney did submit papers opposing the summary motion. I don't really know what he specializes in. He took the case and based on the 'facts' I read in his opposing papers, I was confident the judge would rule in my favor. I didn't know anything about needing an expert (to confirm our 'facts')

In the judge's decision he said For reasons set forth herein (defendents) motion for summary judgement must be granted and (plaintiffs) complaint dismissed.

The only possible chance you have is to sue your attorney for malpractice. If I am not mistaken, you are forever barred from suing the original defendents.
EC

 

[barry1817]

lawsuit dismissed

What is the name of your state? NY
Hi Ellencee & others.....I just had a personal injury lawsuit dismissed, the judge said I didn't have expert opinion to counter defendents expert. I have another law firm looking into this.

A while back I had explained that I was further injured by a physician assistant, when she gave me an SI joint injection without xray machine. Asked me to point to where it hurt.
I have permenant damage from injection, Dense Denervation, muscle wasting (paraspinal muscle on that side is Gone) I have added pain, more meds, loss of support to lower part of spine, etc.

Ellencee, you told me the PA is responsible.....

My problem is...I called many lawyers in this area, and as far as an hours plus drive from here. EVERY lawyer, even the ones that said I should pursue this, said No they could not, would not, take this case. I believe they all said 'conflict of interest'. They all know the doctor the PA worked for. They will not take action against him or anyone that works for him.

What now? Time is running out.

Thank you for any advise.What is the name of your state?

Seems your lawyer may have been in malpractice.

A judge, or a jury is specifically instructed that in a medical malpractice case the testimony of a professional is to be believed when it is being compared to the testimony of a lay person. For a lawyer to take a malpractice case and not have a professional opinion that a problem existed is negligent.

But if you lose a case, you don't get to try it again. Now a legal malpractice case would need to show that you would have prevailed in the medical malpractice case, and then what the damages are.

[email protected]

 

[rmet4nzkx]

Was the case dismissed with or without prejudice? Have you had it reviewed by an attorney specializing in appeals since you don't tell us the Reasons cited by the judge? Since you don't know what your attorney is competent in, let alone whether or not they are competent in med-mal cases it would seem there is attorney mal-practice.

 

[Summer bee]

Hi ...sorry, but there is a bit of confusion going on..

I just had a personal injury lawsuit dismissed. Judge granted summary motion to defendent, citing he had to go with defendents expert's opinion because I (plaintiff) and my lawyer did not submit one. I now have another law firm looking at paperwork to see if they can find a way to ask for a motion to reargue.

While being treated after surgery by a physician asisstant gave me an injection,SI joint without xray. This caused additional and serious injury. Ellencee many months ago suggested Med Mal suit.

I have not found an attorney that would look into it because they all say they would have conflict of interest. Many of them use this dr for his opinion. And to be honest, I didn't really want to pursue another lawsuit. Now....I don't know.

I am in such a mess and now I'm told my PI case was dismissed because I had no expert opinion submitted( on what could have gone wrong with product that caused my original injury) It seems unreal! I just can't imagine why my attorney didn't get an expert opinion, when it would have been so easy to do.

 

[rmet4nzkx]

Hi ...sorry, but there is a bit of confusion going on..

I just had a personal injury lawsuit dismissed. Judge granted summary motion to defendent, citing he had to go with defendents expert's opinion because I (plaintiff) and my lawyer did not submit one. I now have another law firm looking at paperwork to see if they can find a way to ask for a motion to reargue.

While being treated after surgery by a physician asisstant gave me an injection,SI joint without xray. This caused additional and serious injury. Ellencee many months ago suggested Med Mal suit.

I have not found an attorney that would look into it because they all say they would have conflict of interest. Many of them use this dr for his opinion. And to be honest, I didn't really want to pursue another lawsuit. Now....I don't know.

I am in such a mess and now I'm told my PI case was dismissed because I had no expert opinion submitted( on what could have gone wrong with product that caused my original injury) It seems unreal! I just can't imagine why my attorney didn't get an expert opinion, when it would have been so easy to do.

Let's try it again.
Was your case dismissed WITH or WITHOUT PREJUDICE?

 

[Summer bee]

I rec'd a copy of the decision and it doesn't say with or without prejudice. It says 'summary judgement is granted'

How else would I find out, beside the judge's decision?

 

[ellencee]

I rec'd a copy of the decision and it doesn't say with or without prejudice. It says 'summary judgement is granted'

How else would I find out, beside the judge's decision?

You do not need to know if the case was dismissed with or without prejudice as such dismissals do not apply to your situation. The judge tried the facts and ruled against you, issuing a summary judgment in favor of the defense and dismissing your claim for a trial. You lost; they won. You are SOL unless you sue the attorney who failed to present the required evidence.

EC


http://dictionary.law.com/
summary judgment
n. a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as a legal argument (points and authorities), that argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any cause of action, then summary judgment must be denied as to that cause of action. The theory behind the summary judgment process is to eliminate the need to try settled factual issues and to decide without trial one or more causes of action in the complaint. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom the motion is made.