QUESTION
How long do I have to start a Personal Injury case if it involves battery tort, negligence tort and professional negligence?
Asked on Oct 13th, 2012 on Personal Injury - Florida
More details to this question:
Intentional tort, and duty of care. I was transported in an ambulance to a hospital & an EMT got impatient with me (as if I was taking too long to get out of the ambulance. He began pulling on my arm , being very aggressive. I kept asking him to stop pulling on my arm. After he finally stopped, I actually felt like my arm had separated at the front part of the shoulder joint. I was supposed to be going to the Emergency Room for a medical issue originally. The EMT man whispered something into a security guards ear and after he did that I was placed in the Psychiatric Emergency Dept.. Being placed in that dept. was a mystery to me. After reading the Patient Care Report I saw where the EMT man lied on the part that states Past Medical History. He stated that I was Bipolar & schizophrenia, hallucinations, and violent tendencies. I have never had any of these issues Ever. Now ever since then, when I needed to go to the ER by ambulance to treated for a medical issue, instead of someone helping medically, since then I've wound up in the Psychiatric Dept. ER two times since this particular incident, which occurred on 3/17/12, again these two times I was ignored in regards to being treated medically and was placed in Psych Dept. I feel I kept being put in the Psyc Dept. based on what the EMT man put on my Patient Care Report. I was ignored also by the hospital staff in regards to my request to the Medical Dept. ER since 3/17/12.I was admitted and I wound up being there for approx. 9 days. A 2nd time, approx. 7 days,3rd time I was not admitted, however I was still taken to the Psych. Dept., they kept me for 4 -6 hrs..All these trips I should've been going for medical related issues, I feel me being placed in the Psyc. Dept. would not have happened if the EMT man hadn't put these labels on me. I also feel he had me placed in there so I could not get my shoulder the care it needed because I did keep telling him to stop pulling on my arm your hurting me.
12 ANSWERS
This isn't a legal problem; it's a medical or psychiatric one.
Answered on Jun 26th, 2013 at 10:26 PM
Ronald A. Steinberg
Under Michigan law, an assault/battery must be filed within 2 years of the incident. Negligence has a 3 year Statute of Limitations, and professional negligence (called malpractice) has a 2 year Statute, commencing from the date when the medical malpractice occurred, or 2 years from the last date of service by a lawyer, accountant, engineer. EMT's have a different responsibility. Since they are governmental employees, usually, you have to prove gross negligence against them. This is a very tough standard. There may be some specific exceptions to this, but I am not in a position to write a treatise on malpractice.
Answered on Oct 18th, 2012 at 2:27 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You have three years from the date of the incident to file suit, two years if the suit is against the government or a charity (many hospitals are owned and operated by the government or by a charity).
Answered on Oct 17th, 2012 at 12:17 AM
In Indiana, there is a two-year statute of limitation for personal injury cases. First, you may want to consult with a plaintiff's personal injury lawyer for a complete evaluation of your case.
Answered on Oct 16th, 2012 at 8:45 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you went in for 9 days. You were bonkers.
Answered on Oct 16th, 2012 at 8:32 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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On the facts you are describing, you clearly have claims against the EMT worker, personally, against his employer, and, likely, against the hospital. In New York, the statute of limitations for intentional torts actions (battery, libel/slander/defamation, intentional infliction of emotional distress) - 1 year; negligence causing personal injury - 3 years; medical malpractice - 30 months. If the hospital is a municipal one (for instance, in New York City, if it belongs to the city's Health and Hospitals Corporation), you can lose the right to sue it if you do not file a notice of claim within 90 days from the event giving rise to your claim. In any case, there is little sense in postponement of your action until the end of the statutory limit. Speak with an attorney as soon as practicable.
Answered on Oct 16th, 2012 at 8:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You made a mistake by engaging and probably having words with the EMT. That was a mistake. He apparently thought you had some mental issues and sent you to the Psych dept. that will haunt you forever maybe, some one would have to read and review your entire medical chart and see what makes sense. I don't think anyone can answer your questions based on the facts you have alleged. After review of the medical chart you would have to engage a medical doctor to testify that this constituted some type of malpractice. It will be very complicated and very expensive (assuming you can find a doctor)start by getting all of your chart materials that bear on the issues you raise.
Answered on Oct 15th, 2012 at 4:16 PM
You've a lot going on here. Generally speaking you have three years from the date of the incident. There are of course many different statutes of limitations for different TORTS. You can have several torts in one lawsuit that all have different SOL's. Talk to a civil attorney (is there such a person anymore?) to discuss your case(s) ASAP.
Answered on Oct 15th, 2012 at 4:15 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The medical malpractice statute of limitations in Missouri is 2 years, normally.
Answered on Oct 15th, 2012 at 4:09 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In New York: negligence 3 years, intentional tort 1 year, medical malpractice 2 1/2 years.
Answered on Oct 15th, 2012 at 4:04 PM
1 Award
You must file suit within one year from the date of the incident.
Answered on Oct 15th, 2012 at 4:03 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The statute of limitation when you're going to sue a health care practitioner (including EMTs) is 2 years. See a good lawyer right away who deals in medical malpractice.
Answered on Oct 15th, 2012 at 4:03 PM