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son injured by ECT Medical Malpractice

Discussion in 'Professional, Medical Malpractice' started by simstoro, Mar 31, 2020.

  1. simstoro

    simstoro Law Topic Starter New Member

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    Jurisdiction:
    California
    He received the treatments in Oct and Nov of 2016. That's the first problem – that's past the statute of limitations in CA which is one year. But we are told the statute may be extended if you can show you didn't know you were injured from the ECT until later. He knew he was injured but no doctor would verify this as most are not experts in the field, and those that are tend to want to defend the practice, of course.


    His complaint is that he now has vicious panic attacks that prevent him from working. He has many witnesses that have seen this interfere with his work. He was already prone to panic attacks before and that is the crux of his argument – that he was not a candidate for ECT and should've been warned as such. He was someone with depression, but more importantly, someone who suffered from chronic panic attacks and someone who had chronic fatigue (both well documented by years of medical records). Chronic fatigue and chronic panic attacks are nowhere listed in any literature as being conditions that will benefit from ECT. Not only that, some experts have warned ECT can worsen panic attacks – exactly what happened to him.


    Shouldn't he have been warned of this? Would this just be a frivolous case?
     
  2. justblue

    justblue Well-Known Member

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    How old is your son?
     
  3. simstoro

    simstoro Law Topic Starter New Member

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  4. adjusterjack

    adjusterjack Super Moderator

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    army judge likes this.
  5. zddoodah

    zddoodah Well-Known Member

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    Treatments for what?

    First, here's a list of things that "ECT" might stand for. Care to tell us which you're talking about? Second, the California statute of limitations for medical malpractice is "three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first." In either case, the statute of limitations for an alleged injury that occurred in 2016 has expired.

    Since I'm not a doctor (and, AFAIK, no one else who posts here regularly is a doctor), and since you haven't fully described the circumstances under which your son received these treatments, you're not going to get any sort of informed opinion about this.

    Given the expiration of the statute of limitations, yes.

    There are no exceptions in CCP 340.5, and the only "exception" in CCP 364 is that the plaintiff could get an extra 90 days (beyond the three year limitations period) if he/she serves the required notice less than 90 days before the expiration of the three year period.

    Linking discussion at another site about the same thing.
     
    army judge likes this.

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