Q: can i sue company for not having pretrial information that I requested and had to file without?Case was dismissed
I was led to believe the insurance company that insures the Dr I was suing was performing the pretrial she asked for signed consent forms etc she was investigaing as far as I knew , so when the time came to file I asked and she never responded so I filed to hopefully save my timing to file.
the case was dismissed based on no pretrial and same type of surgeon sworn statement. Judge determined Malpractice case.
It appears your case originates in Georgia and you should ask a GA attorney your question. My response is based on Utah law, but most states do something similar to Utah. I'm also unclear as to the posture (or procedural stance) of your case so I'm making some assumptions in my answer. Yet, it appears you need a GA attorney to answer your question immediately.
Insurance companies for someone you might sue almost never have your best interest at heart. Insurance companies usually "investigate" potential claims whether they think the case has merit or not. Regardless of whether they investigate a claim, you must take appropriate action within the deadlines (usually called a statute of limitations ) to protect your right to sue. I don't mean this to sound curt, but why would an insurer for a doctor you intend to sue protect your right to sue? It wouldn't. The insurer benefits financially if you make a procedural mistake or miss a deadline to sue.
In any medical malpractice case you typically need a physician (expert) in the same field to provide opinions on the standard of care (SOC) at issue in your case. The expert usually must opine that the defendant breached the SOC and that the breach caused an injury to you. Unfortunately this makes many even meritorious lawsuits too expensive to litigate, but that's a requirement in most states. Your records alone almost never satisfy this requirement.
Physicians are required to disclose your records to you. But in my experience they often disclose them late, the disclosures are incomplete, and sometimes they're altered. Unscrupulous physicians and insurers frivolously use this as a tactic. Yet, a reputable attorney has fought the record collection battles, can help collect all records, and can use evidence of altered records in your favor. Unfortunately however, I don't anticipate that you can "sue" the insurer or physician for belated record disclosures and misleading you about their investigations. There are a few unique exceptions to my conclusion, but it's too technical to explain here.
I hope this gives you some guidance. But if you're going to salvage anything, you need to contact a GA attorney quickly.
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