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My case against Sears Dental

Discussion in 'Coming Out Advice' started by pikachu1, May 5, 2010.

  1. pikachu1

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    If any have read my previous post about my case against Sears here is an update. Also here is my original post for any of you to read so you know what I'm referring to.

    http://www.emptyclosets.com/forum/showthread.php?t=33811

    I spoke with a lawyer unfortunately the statute of limitations to sue has already passed. The statute is 4 years from when the malpractice occurred. We didn't really become aware of it until like 5 months ago but by then it was already past.

    Sears knew we were gonna go to a lawyer and decided to try and get some papers written up. The first papers they tried to get us to sign said that they weren't responsible for anything and that they would pay 10%. This was outrageous so we declined. It's taken 3 weeks but now Sears has some new papers that say they are responsible and for us not suing them they will pay for the tooth extraction and the teeth implants as long as we get it within a year from now.

    We have decided this is the best option since we can't sue anyway and it will ensure my mouth gets fixed.I got the braces off today and will get a retainer put in on Friday to stabilize my mouth until I get the tooth extracted and the implants put in.
     
  2. Chip

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    I just did some quick research and it appears there are a number of exceptions to the statute of limitations, particularly dealing with late discovery of the problem. Additionally, the fact that Sears is offering you a settlement, to me, means that they are aware that the case may *not* be dismissed based on the statute having run out. If they were confident, they wouldn't be offering you jack.

    If the attorney you spoke to was not a specialist specifically in medical malpractice (as opposed to general personal injury, which is very different), then I would seek out an opinion from an attorney who does mostly or exclusively medical malpractice.

    I don't know whom you spoke with, but particularly medical malpractice law is very complicated, and a lot of personal injury attorneys (who in general are the worst of all attorneys in terms of competence and diligence) are lazy and not terribly competent. I think it would be worth a call to a top-shelf firm for a quick opinion, which should be free. Do NOT look in the yellow pages, call someone who advertises on TV (or anywhere else for that matter). Find a larger firm with a specialty in medical malpractice and you'll be able to get a definitive answer. You can call the local bar association for a list of firms, or you can look on martindale.com (the most complete listing in the country for attorneys) and find someone there. Look for someone who's been in practice for 15 or 20 years; they may have had other cases against Sears and even have an idea of what it will take to settle the case.