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: Sacramento Injury Lawyer BlogSacramento Doctors Sued For Medical Negligence And Elder Abuse, Part 5 of 8
By Moseley Collins, Esq.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)
Finally, in 2007, after searching diligently to find help to review the suspected claim, Ms. Steinford found her present counsel who agreed to review the matter, and upon reading the records helped retain a competent physician who expeditiously reviewed the records, an opinion was rendered of negligence such that current counsel could on May 2, 2007, for the first time properly issue notices pursuant to Code of Civil Procedure section 364.
Prior to the actions undertaken by current counsel Ms. Steinford did not have knowledge about the negligent causation ofher father's death sufficient to bring an action sounding in medical negligence or elder abuse. Based upon these facts the statute of limitations for both medical negligence and elder abuse based upon medical negligence should be equitably tolled to allow this action to proceed or in the alternative the defendants should be equitably estopped from asserting the statute of limitations because of the false explanation of the course of death.
In addition to these facts alleged to show diligent pursuit of the factual basis to bring a claim, in this brief the plaintiffs also say:
This case is about the poisoning of Paul Steinford by means of multiple psycho tropic drugs that should never have been used but certainly should have been stopped when the symptoms started that lead to his death. Many of those symptoms are disclosed by the drug companies as side effects of the psycho tropic drugs. All of the treating doctors should have known that the drugs had those known side effects that included symptoms that Mr. Steinford exhibited to them including difficulty swallowing and toxicity.
Full post as published by Sacramento Injury Lawyer Blog on February 04, 2010 (boomark / email).
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