Client legal advice letter - Essay Example

However, such discussions must always take place to pave way for proceeding course of action. I is notable that carrying out a detailed research into the occurrences that led to the situation is important in aiding the research and legal choice taken thereafter. This is because the information which is provided by you directly influences the legal process. Consequently, you are supposed to take a look into the case and submit a written report highlighting all the errors which might have been committed while serving you.

Every detail is important since even overlooking a single piece of information might compromise the case. STATEMENTS OF FACTS You contacted your private and primary physician, Dr. Livingston, on October 15th, 2011 since you became ill and had difficulty in breathing. He recommended that you have a pulmonary test and made a referral for you to go to St Thames Hospital located in Boston, MA. On October 15th 2011, you had a pulmonary test done at the hospital. Prior to the procedure, the hospital nurse, Ms.

Tachett, did not give you any information about the procedure or discuss side effects that could have resulted from such a test. The nurse who performed the test, Ms. Tachett, did not explain the procedure to you as well. No one in the medical team at the hospital collected medical history from you about your past and present. You never signed any consent forms to have the procedure done at the hospital from anyone; the nurse or additional staff. Soon after having the procedure done at the hospital, you went into anaphylactic shock.

You went into a coma from October 15th, 2011 to December 8th, 2011. After you woke up from your coma, the hospital discharged you quickly on December 12th, 2011. The hospital’s only explanation is that you had a bad reaction to the dye used in the procedure that happens to a few people from time to time. You are now presently attending physical therapy on a weekly basis. The therapy has not helped you restore yourself back to your original state. You have been unable to work as a doctor. Prior to your injury, you worked from Monday to Saturday.

The only day you took a break was on Sundays. You do have insurance but have a deductible. You have been paying a lot of out of pocket expenses. You also have emotional distress from the situation as well. Because of the coma, you are unable to work due to your frail condition. The PT does not appear to be working which you have been attending since your hospital discharge and you have no exact date on when you will be better. You would like us to give you legal advice on what type of case you can have against the hospital.

You would like to bring a lawsuit against them for damages. STATUES OF LIMITATIONS IN THE STATE OF MASSACHUSETTS You may be able to file a complaint against the hospital if you are able to prove when the cause of action arose. In reference to the state laws, specifically Massachusetts, filing of any incident related to medical malpractice should be in a period of 3 years since its occurrence. The period stipulated should not be over seven years unless the case involves what is legally referred to as foreign objection.

The case would be admissible if the plaintiff is exposed to an injury or damages resulting from the acts of malpractice from the defendant (Aaron 2). MEDICAL MALPRACTICE In essence, a medical malpractice results when any personnel in the medical field overlooks