Q: if a doctor is found guilty of gross negligence towards patient, can a release of liability signed by patient become voi
I was mangled by a hair restoration doctor and could not find legal aid, so I signed a release of all claims in order to get a full refund. The medical board later found this doctor guilty of gross negligence, repeated negligent acts, aiding and abetting the practice of unlicensed medicine and unprofessional conduct. Do I have any means of recourse against the doctor, now? To elaborate on the question....the findings of this doctor's gross negligence and other charges were based on the investigation done in my case alone. The 19th of this month is the 3-year mark. Also, this doctor is an MD, but not board certified and has a valid license to practice in California.
A: First of all, it depends on how long ago this happened. Secondly, most doctors (this guy was unlicensed, so probably not an MD) have their patients sign a document requiring arbitration of any disputes. The bad news is that it sounds like this guy will be sued by other people and may end up in jail. Thus, he might be broke by the time you get a lawsuit going against him. If you are within the statute of limitations on medical malpractice claims (which can be anywhere from 1 to 3 years, and sometimes longer) you can file suit if you can find an attorney willing to take your case. It could be problematical that you signed the release of claims and received a refund, as the "doctor" may argue that his refunding you your money resolved the issue.
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