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Re: Too late to sue - I need help

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I forgot to add that we got my operative note and hospital records

from 1999 and discovered that the great Moritz did not give me any

antibiotics after surgery and that is what most likely cased my as.

I had him on not following the standard of care.

Audrey

> Hello all

>

> I had a 4 hour meeting with a team of attorneys today. I was a reck

> when it was over.

>

> As it turns out NY Statue of limitation has run out against DR.

> JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in

> june/1999.

>

> For all those considering a suit in NYS.

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

>

> I last saw the Mortiz in July/1999 at my post op visit, at that

visit

> he told me I was fine, put me on the pill and told to continue to

see

> my pcp and not him. 1 month later after no period I went to my pcp

> who said I was not pregnant and all was well. He said I was not

> having a period because of the pill. After a couple more mths of no

> period he convinced me it was because of the pill. I was taken off

of

> the pill in Sept/2000. I complained to my pcp of still no period

who

> insisted I was fine. Finally in early 2001 I was no longer

accepting

> his explination. I woke up and put 2 and 2 togther. Before surgery

I

> had a period after surgery no period I told him something is wrong

> and I want to conceive this year.

>

> That is when he contacted Moritz who then wanted to see me

> immediately because it could be " a complication from surgery " .

> I saw Mortiz and had surgery with him and continued to see him

until

> 7/02 when I found this group, thank god.

>

> The attorneys are trying to see if me going back to Moritz could be

> considered continous treatment, I doubt it.

>

> Here is my DILEMMA I have a clear cut case against my pcp of

> negligence according to the attorneys who are pressuring me to sue.

> I do not want to sue my pcp of 18 years. I am very close to him.

This

> is a man that has cried with me. Yes he should have been alerted

when

> I told him yrs ago of not having a period he was aware of my recent

> surgery. After all he is the dr not me, I was clueless.

>

> But by sueing him the monies would help to pay for adoption, donor

> eggs/surrogacy. Financially more doors would be open to pursue my

> dreams of having a family.

>

> The thing is I truely beleive he is a good and caring dr, not a god

> just a dr.

>

> Please tell me if you think am I crazy? Herman,family and friends

> think that I am nuts and being too emotional. They say that is why

he

> has insurrance it's not coming out of his pocket. But it would hurt

> him and I don't want to hurt him.

>

> As you ladies know I value you opinion,

> Audrey

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Audrey,

I wish I had an answer for you regarding whether to sue your pcp or

not. I certainly understand wanting to receive financial awards,

which could open more doors to expand your family. My dh and I are

suing three doctors who helped create my AS... the two doctors who

delivered my son after 32 hours of labor and left the placenta in my

uterus for 7 weeks and my ob who did the overly aggressive d & c,

using sharp curettage twice. They also failed to give me antibiotics

after my son's birth (I had an infection/high fever during delivery)

and after the d & c. It was just poor care all around and from a very

prestigious hospital in Ann Arbor, Michigan.

My situation is a little different since I'm not suing my pcp. She

had nothing to do with what happened to me. But as you can imagine,

I'll never be going back to these three doctors who gave me AS and

if you sue your pcp, you won't be going back to him either.

Have you considered another law firm who may be able to find a way

around the statute of limitations so that you can sue Dr. Maritz?

There may be another legal interpretation of your situation, which

may open a door to suing the one who created your AS. Just a thought.

Sending some strength from Michigan....

Sara O.

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Audrey,

I wish I had an answer for you regarding whether to sue your pcp or

not. I certainly understand wanting to receive financial awards,

which could open more doors to expand your family. My dh and I are

suing three doctors who helped create my AS... the two doctors who

delivered my son after 32 hours of labor and left the placenta in my

uterus for 7 weeks and my ob who did the overly aggressive d & c,

using sharp curettage twice. They also failed to give me antibiotics

after my son's birth (I had an infection/high fever during delivery)

and after the d & c. It was just poor care all around and from a very

prestigious hospital in Ann Arbor, Michigan.

My situation is a little different since I'm not suing my pcp. She

had nothing to do with what happened to me. But as you can imagine,

I'll never be going back to these three doctors who gave me AS and

if you sue your pcp, you won't be going back to him either.

Have you considered another law firm who may be able to find a way

around the statute of limitations so that you can sue Dr. Maritz?

There may be another legal interpretation of your situation, which

may open a door to suing the one who created your AS. Just a thought.

Sending some strength from Michigan....

Sara O.

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Audrey,

I wish I had an answer for you regarding whether to sue your pcp or

not. I certainly understand wanting to receive financial awards,

which could open more doors to expand your family. My dh and I are

suing three doctors who helped create my AS... the two doctors who

delivered my son after 32 hours of labor and left the placenta in my

uterus for 7 weeks and my ob who did the overly aggressive d & c,

using sharp curettage twice. They also failed to give me antibiotics

after my son's birth (I had an infection/high fever during delivery)

and after the d & c. It was just poor care all around and from a very

prestigious hospital in Ann Arbor, Michigan.

My situation is a little different since I'm not suing my pcp. She

had nothing to do with what happened to me. But as you can imagine,

I'll never be going back to these three doctors who gave me AS and

if you sue your pcp, you won't be going back to him either.

Have you considered another law firm who may be able to find a way

around the statute of limitations so that you can sue Dr. Maritz?

There may be another legal interpretation of your situation, which

may open a door to suing the one who created your AS. Just a thought.

Sending some strength from Michigan....

Sara O.

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Dear Audrey,

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

This sounds very unfair to me, since it would make it impossible to

sue for most of us with AS. I can very well understand your feelings.

Where I come from the time limit would start running not from when

you had your myomectomy and not from the last treatment with the

doctor who performed your myomectomy, but from the date when your AS

was discovered and you learned that it could have been caused by the

myomectomy. Are the attorneys absolutely sure that considering your

further treatment with Dr Moritz as continuous is the only chance you

have of sueing him? I hope you find a solution to this.

F

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Dear Audrey,

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

This sounds very unfair to me, since it would make it impossible to

sue for most of us with AS. I can very well understand your feelings.

Where I come from the time limit would start running not from when

you had your myomectomy and not from the last treatment with the

doctor who performed your myomectomy, but from the date when your AS

was discovered and you learned that it could have been caused by the

myomectomy. Are the attorneys absolutely sure that considering your

further treatment with Dr Moritz as continuous is the only chance you

have of sueing him? I hope you find a solution to this.

F

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Dear Audrey,

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

This sounds very unfair to me, since it would make it impossible to

sue for most of us with AS. I can very well understand your feelings.

Where I come from the time limit would start running not from when

you had your myomectomy and not from the last treatment with the

doctor who performed your myomectomy, but from the date when your AS

was discovered and you learned that it could have been caused by the

myomectomy. Are the attorneys absolutely sure that considering your

further treatment with Dr Moritz as continuous is the only chance you

have of sueing him? I hope you find a solution to this.

F

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Hi Audrey,

Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!!

Kristi

"audreyaudgee wrote:

Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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Hi Audrey,

Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!!

Kristi

"audreyaudgee wrote:

Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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Hi Kristi/Audrey,

Kristi, I had no idea you were a New Yorker! I am from NY, I just moved from midtown last year to Stamford. I may be moving back in June?? I used Copperman, who did you use? Audrey, as you know my case was severe, and I was looking into going after my OB. From the research I have done, a good attorney will be able to go after you Dr even after the "limitations" are over. Your limitations should not begin until discovery, not the mistake! I really hope you can recover all the money to ease the financial burden of surrogacy or adoption if this is what you choose. Do not feel badly! Go after whoever caused your AS. Sounds like your OB! Fortunately, I was really not able to continue with the suit due to the fact that I am pg. It would have made it way more difficult, and I can not afford the stress it would put on me and the baby.

Keep fighting for what you deserve!

kristi niel wrote:

Hi Audrey, Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!! Kristi "audreyaudgee wrote: Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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Hi Kristi/Audrey,

Kristi, I had no idea you were a New Yorker! I am from NY, I just moved from midtown last year to Stamford. I may be moving back in June?? I used Copperman, who did you use? Audrey, as you know my case was severe, and I was looking into going after my OB. From the research I have done, a good attorney will be able to go after you Dr even after the "limitations" are over. Your limitations should not begin until discovery, not the mistake! I really hope you can recover all the money to ease the financial burden of surrogacy or adoption if this is what you choose. Do not feel badly! Go after whoever caused your AS. Sounds like your OB! Fortunately, I was really not able to continue with the suit due to the fact that I am pg. It would have made it way more difficult, and I can not afford the stress it would put on me and the baby.

Keep fighting for what you deserve!

kristi niel wrote:

Hi Audrey, Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!! Kristi "audreyaudgee wrote: Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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Hi Kristi/Audrey,

Kristi, I had no idea you were a New Yorker! I am from NY, I just moved from midtown last year to Stamford. I may be moving back in June?? I used Copperman, who did you use? Audrey, as you know my case was severe, and I was looking into going after my OB. From the research I have done, a good attorney will be able to go after you Dr even after the "limitations" are over. Your limitations should not begin until discovery, not the mistake! I really hope you can recover all the money to ease the financial burden of surrogacy or adoption if this is what you choose. Do not feel badly! Go after whoever caused your AS. Sounds like your OB! Fortunately, I was really not able to continue with the suit due to the fact that I am pg. It would have made it way more difficult, and I can not afford the stress it would put on me and the baby.

Keep fighting for what you deserve!

kristi niel wrote:

Hi Audrey, Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!! Kristi "audreyaudgee wrote: Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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Audrey,

I read your letter and feel so much empathy for you and your

situation. I, too, have a solid case against a doctor for

negligence, but I did not know anything was wrong with me until after

the statute of limitations was over. In the state of Georgia, it is 2

years from the date of incident or as you said, continuous treatment

for the problem. My OB, who delivered my son and saved my life never

ever diagnosed me with AS and told me I was fine and whenever I

wanted to get pregnant again, I would have no problems at all, even

though I was not having a period and never did after giving birth,

retained placenta, D & C, blood transfusions, etc, etc.

Problem here is I would have to first prove and fight in court the

fact that I should be able to sue my doctor because the statute of

limitations was purposely extended so in fact I would not know

anything was wrong with me. Then, if I won the suit to extend the

statute of limitations, then I would be able to file suit and the

attorney I worked with thinks I would win easily and doc would most

likely settle out of court for a lot of money. (enough money that I

would not have to worry about finances for a long, long time, if

ever).

I have a lot of thought into this and so far I have not proceeded

because I am waiting on my final prognosis from Dr Patler. If my

chances look good of carrying a pregnancy I have decided not to sue

since I would be considered healthy and hopefully in good working

order for making a baby. I live in a small town and the media

coverage alone would ruin this doctor and his entire practice. I

feel like you are in a tough spot as if I were your PCP and I did my

best, I would not want you to sue me if I had done everything in my

power to help you. On the other hand, doctors make mistakes like

everyone in life and therefore they do have malpractice insurance. I

wish you objective reasoning in your decision making process as I

know it will be a difficult one.

W

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Audrey,

I read your letter and feel so much empathy for you and your

situation. I, too, have a solid case against a doctor for

negligence, but I did not know anything was wrong with me until after

the statute of limitations was over. In the state of Georgia, it is 2

years from the date of incident or as you said, continuous treatment

for the problem. My OB, who delivered my son and saved my life never

ever diagnosed me with AS and told me I was fine and whenever I

wanted to get pregnant again, I would have no problems at all, even

though I was not having a period and never did after giving birth,

retained placenta, D & C, blood transfusions, etc, etc.

Problem here is I would have to first prove and fight in court the

fact that I should be able to sue my doctor because the statute of

limitations was purposely extended so in fact I would not know

anything was wrong with me. Then, if I won the suit to extend the

statute of limitations, then I would be able to file suit and the

attorney I worked with thinks I would win easily and doc would most

likely settle out of court for a lot of money. (enough money that I

would not have to worry about finances for a long, long time, if

ever).

I have a lot of thought into this and so far I have not proceeded

because I am waiting on my final prognosis from Dr Patler. If my

chances look good of carrying a pregnancy I have decided not to sue

since I would be considered healthy and hopefully in good working

order for making a baby. I live in a small town and the media

coverage alone would ruin this doctor and his entire practice. I

feel like you are in a tough spot as if I were your PCP and I did my

best, I would not want you to sue me if I had done everything in my

power to help you. On the other hand, doctors make mistakes like

everyone in life and therefore they do have malpractice insurance. I

wish you objective reasoning in your decision making process as I

know it will be a difficult one.

W

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Audrey,

I read your letter and feel so much empathy for you and your

situation. I, too, have a solid case against a doctor for

negligence, but I did not know anything was wrong with me until after

the statute of limitations was over. In the state of Georgia, it is 2

years from the date of incident or as you said, continuous treatment

for the problem. My OB, who delivered my son and saved my life never

ever diagnosed me with AS and told me I was fine and whenever I

wanted to get pregnant again, I would have no problems at all, even

though I was not having a period and never did after giving birth,

retained placenta, D & C, blood transfusions, etc, etc.

Problem here is I would have to first prove and fight in court the

fact that I should be able to sue my doctor because the statute of

limitations was purposely extended so in fact I would not know

anything was wrong with me. Then, if I won the suit to extend the

statute of limitations, then I would be able to file suit and the

attorney I worked with thinks I would win easily and doc would most

likely settle out of court for a lot of money. (enough money that I

would not have to worry about finances for a long, long time, if

ever).

I have a lot of thought into this and so far I have not proceeded

because I am waiting on my final prognosis from Dr Patler. If my

chances look good of carrying a pregnancy I have decided not to sue

since I would be considered healthy and hopefully in good working

order for making a baby. I live in a small town and the media

coverage alone would ruin this doctor and his entire practice. I

feel like you are in a tough spot as if I were your PCP and I did my

best, I would not want you to sue me if I had done everything in my

power to help you. On the other hand, doctors make mistakes like

everyone in life and therefore they do have malpractice insurance. I

wish you objective reasoning in your decision making process as I

know it will be a difficult one.

W

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Take my comments with a grain of salt as I am biased because I'm a

doctor.

1. All doctors make mistakes. It is the nature of the field.

Medicine is as much about playing the odds as anything. For

example, every single test in medicine has a " sensitivity, "

a " specificity, " and " positive and negative predictive values " which

tell you how likely it is that somebody has X disease with a test

result of Y. Even if you are 99% sure the patient has a given

disease because the combination of tests gives you a 99% positive

predictive value, if you treat 100 patients you will be wrong with

one of them. So, what bothers me the most is if the doctor doesn't

take responsibility for the results of their care. Your PCP clearly

has taken responsibility, even though the responsibility for knowing

the right answer in your case may not truly be his (Ashermans might

reasonably be considered so unusual as to be outside the expected

knowledge of a PCP).

2. I'm not sure you would win a lawsuit against your PCP. The main

job of a PCP is to know what they don't know and refer people to

specialists. It took him a while to get you back to a specialist,

but ultimately he did call Moritz back about you. So, while he

caused a delay in figuring out what happened, I don't think his

treatment caused your condition (the original treatment by Moritz

did that), and he did get you back to Moritz when your period didn't

return even after stopping the pill.

3. You have seen this PCP for 18 years and express concern about

hurting him. You would have to find another PCP. I couldn't

continue to treat a patient who sued me. My natural emotional

reaction to being sued might interfere with my ability to provide

unbiased care and I would never want that to happen. Suing the PCP

would hurt him. Although the insurance would pay, his insurance

premiums would go up and any malpractice suit (even if it is ruled

in favor of the doctor) is recorded on a national database and it

will follow him where-ever he goes.

4. Why has the statute of limitation run out on Moritz but not on

your PCP?

5. While it would help pay for what you need (which is important),

is it ethically the right thing to do? Malpractice suits with big

dollar awards are the driving factor in the rise in malpractice

rates, such that some OB-Gyns are no longer doing deliveries. I

believe that is the case right now in upstate New York. All of the

Ob-Gyn's in the region recently threatened or have stopped

altogether providing obstetrical care and deliveries as they cannot

recoup the costs of their malpractice insurance (i.e., have enough

money to pay their office staff after paying malpractice),

potentially leaving pregnant women in the area without obstetrical

care. That is a really frightening situation.

Our malpractice legal system is broken. The big dollar awards go

mostly to line the lawyer's pockets and the doctors go out of

practice altogher rather than practicing more safely.

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Take my comments with a grain of salt as I am biased because I'm a

doctor.

1. All doctors make mistakes. It is the nature of the field.

Medicine is as much about playing the odds as anything. For

example, every single test in medicine has a " sensitivity, "

a " specificity, " and " positive and negative predictive values " which

tell you how likely it is that somebody has X disease with a test

result of Y. Even if you are 99% sure the patient has a given

disease because the combination of tests gives you a 99% positive

predictive value, if you treat 100 patients you will be wrong with

one of them. So, what bothers me the most is if the doctor doesn't

take responsibility for the results of their care. Your PCP clearly

has taken responsibility, even though the responsibility for knowing

the right answer in your case may not truly be his (Ashermans might

reasonably be considered so unusual as to be outside the expected

knowledge of a PCP).

2. I'm not sure you would win a lawsuit against your PCP. The main

job of a PCP is to know what they don't know and refer people to

specialists. It took him a while to get you back to a specialist,

but ultimately he did call Moritz back about you. So, while he

caused a delay in figuring out what happened, I don't think his

treatment caused your condition (the original treatment by Moritz

did that), and he did get you back to Moritz when your period didn't

return even after stopping the pill.

3. You have seen this PCP for 18 years and express concern about

hurting him. You would have to find another PCP. I couldn't

continue to treat a patient who sued me. My natural emotional

reaction to being sued might interfere with my ability to provide

unbiased care and I would never want that to happen. Suing the PCP

would hurt him. Although the insurance would pay, his insurance

premiums would go up and any malpractice suit (even if it is ruled

in favor of the doctor) is recorded on a national database and it

will follow him where-ever he goes.

4. Why has the statute of limitation run out on Moritz but not on

your PCP?

5. While it would help pay for what you need (which is important),

is it ethically the right thing to do? Malpractice suits with big

dollar awards are the driving factor in the rise in malpractice

rates, such that some OB-Gyns are no longer doing deliveries. I

believe that is the case right now in upstate New York. All of the

Ob-Gyn's in the region recently threatened or have stopped

altogether providing obstetrical care and deliveries as they cannot

recoup the costs of their malpractice insurance (i.e., have enough

money to pay their office staff after paying malpractice),

potentially leaving pregnant women in the area without obstetrical

care. That is a really frightening situation.

Our malpractice legal system is broken. The big dollar awards go

mostly to line the lawyer's pockets and the doctors go out of

practice altogher rather than practicing more safely.

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Sara O

Thank you for your response and for sharing your story.

I sounds to me as if you have an excellent case against these doctors.

No matter how good ones case it is difficult to go through everything

over and over. If nothing else hopefully it will teach these doctors

to be much more careful in the future.

Good luck with your case, I hope they ALL really have to pay.

I will take your advise and look into another law firm.

Audrey

> Audrey,

>

> I wish I had an answer for you regarding whether to sue your pcp or

> not. I certainly understand wanting to receive financial awards,

> which could open more doors to expand your family. My dh and I are

> suing three doctors who helped create my AS... the two doctors who

> delivered my son after 32 hours of labor and left the placenta in

my

> uterus for 7 weeks and my ob who did the overly aggressive d & c,

> using sharp curettage twice. They also failed to give me

antibiotics

> after my son's birth (I had an infection/high fever during

delivery)

> and after the d & c. It was just poor care all around and from a very

> prestigious hospital in Ann Arbor, Michigan.

>

> My situation is a little different since I'm not suing my pcp. She

> had nothing to do with what happened to me. But as you can imagine,

> I'll never be going back to these three doctors who gave me AS and

> if you sue your pcp, you won't be going back to him either.

>

> Have you considered another law firm who may be able to find a way

> around the statute of limitations so that you can sue Dr. Maritz?

> There may be another legal interpretation of your situation, which

> may open a door to suing the one who created your AS. Just a

thought.

>

> Sending some strength from Michigan....

>

> Sara O.

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Sara O

Thank you for your response and for sharing your story.

I sounds to me as if you have an excellent case against these doctors.

No matter how good ones case it is difficult to go through everything

over and over. If nothing else hopefully it will teach these doctors

to be much more careful in the future.

Good luck with your case, I hope they ALL really have to pay.

I will take your advise and look into another law firm.

Audrey

> Audrey,

>

> I wish I had an answer for you regarding whether to sue your pcp or

> not. I certainly understand wanting to receive financial awards,

> which could open more doors to expand your family. My dh and I are

> suing three doctors who helped create my AS... the two doctors who

> delivered my son after 32 hours of labor and left the placenta in

my

> uterus for 7 weeks and my ob who did the overly aggressive d & c,

> using sharp curettage twice. They also failed to give me

antibiotics

> after my son's birth (I had an infection/high fever during

delivery)

> and after the d & c. It was just poor care all around and from a very

> prestigious hospital in Ann Arbor, Michigan.

>

> My situation is a little different since I'm not suing my pcp. She

> had nothing to do with what happened to me. But as you can imagine,

> I'll never be going back to these three doctors who gave me AS and

> if you sue your pcp, you won't be going back to him either.

>

> Have you considered another law firm who may be able to find a way

> around the statute of limitations so that you can sue Dr. Maritz?

> There may be another legal interpretation of your situation, which

> may open a door to suing the one who created your AS. Just a

thought.

>

> Sending some strength from Michigan....

>

> Sara O.

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Hi Kristi

I consulted Khan, Gordon, Timko & Rodriques.

I totally agree with you, we should not have to diagnose ourselves.

Can you tell a little about your suit and expeience with your

attorney, My e-mail address is audreyaudge@...

Good luck

Audrey

Hello

all

>

> I had a 4 hour meeting with a team of attorneys today. I was a reck

> when it was over.

>

> As it turns out NY Statue of limitation has run out against DR.

> JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in

> june/1999.

>

> For all those considering a suit in NYS.

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

>

> I last saw the Mortiz in July/1999 at my post op visit, at that

visit

> he told me I was fine, put me on the pill and told to continue to

see

> my pcp and not him. 1 month later after no period I went to my pcp

> who said I was not pregnant and all was well. He said I was not

> having a period because of the pill. After a couple more mths of no

> period he convinced me it was because of the pill. I was taken off

of

> the pill in Sept/2000. I complained to my pcp of still no period

who

> insisted I was fine. Finally in early 2001 I was no longer

accepting

> his explination. I woke up and put 2 and 2 togther. Before surgery

I

> had a period after surgery no period I told him something is wrong

> and I want to conceive this year.

>

> That is when he contacted Moritz who then wanted to see me

> immediately because it could be " a complication from surgery " .

> I saw Mortiz and had surgery with him and continued to see him

until

> 7/02 when I found this group, thank god.

>

> The attorneys are trying to see if me going back to Moritz could be

> considered continous treatment, I doubt it.

>

> Here is my DILEMMA I have a clear cut case against my pcp of

> negligence according to the attorneys who are pressuring me to sue.

> I do not want to sue my pcp of 18 years. I am very close to him.

This

> is a man that has cried with me. Yes he should have been alerted

when

> I told him yrs ago of not having a period he was aware of my recent

> surgery. After all he is the dr not me, I was clueless.

>

> But by sueing him the monies would help to pay for adoption, donor

> eggs/surrogacy. Financially more doors would be open to pursue my

> dreams of having a family.

>

> The thing is I truely beleive he is a good and caring dr, not a god

> just a dr.

>

> Please tell me if you think am I crazy? Herman,family and friends

> think that I am nuts and being too emotional. They say that is why

he

> has insurrance it's not coming out of his pocket. But it would hurt

> him and I don't want to hurt him.

>

> As you ladies know I value you opinion,

> Audrey

>

>

>

>

>

>

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Hi Kristi

I consulted Khan, Gordon, Timko & Rodriques.

I totally agree with you, we should not have to diagnose ourselves.

Can you tell a little about your suit and expeience with your

attorney, My e-mail address is audreyaudge@...

Good luck

Audrey

Hello

all

>

> I had a 4 hour meeting with a team of attorneys today. I was a reck

> when it was over.

>

> As it turns out NY Statue of limitation has run out against DR.

> JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in

> june/1999.

>

> For all those considering a suit in NYS.

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

>

> I last saw the Mortiz in July/1999 at my post op visit, at that

visit

> he told me I was fine, put me on the pill and told to continue to

see

> my pcp and not him. 1 month later after no period I went to my pcp

> who said I was not pregnant and all was well. He said I was not

> having a period because of the pill. After a couple more mths of no

> period he convinced me it was because of the pill. I was taken off

of

> the pill in Sept/2000. I complained to my pcp of still no period

who

> insisted I was fine. Finally in early 2001 I was no longer

accepting

> his explination. I woke up and put 2 and 2 togther. Before surgery

I

> had a period after surgery no period I told him something is wrong

> and I want to conceive this year.

>

> That is when he contacted Moritz who then wanted to see me

> immediately because it could be " a complication from surgery " .

> I saw Mortiz and had surgery with him and continued to see him

until

> 7/02 when I found this group, thank god.

>

> The attorneys are trying to see if me going back to Moritz could be

> considered continous treatment, I doubt it.

>

> Here is my DILEMMA I have a clear cut case against my pcp of

> negligence according to the attorneys who are pressuring me to sue.

> I do not want to sue my pcp of 18 years. I am very close to him.

This

> is a man that has cried with me. Yes he should have been alerted

when

> I told him yrs ago of not having a period he was aware of my recent

> surgery. After all he is the dr not me, I was clueless.

>

> But by sueing him the monies would help to pay for adoption, donor

> eggs/surrogacy. Financially more doors would be open to pursue my

> dreams of having a family.

>

> The thing is I truely beleive he is a good and caring dr, not a god

> just a dr.

>

> Please tell me if you think am I crazy? Herman,family and friends

> think that I am nuts and being too emotional. They say that is why

he

> has insurrance it's not coming out of his pocket. But it would hurt

> him and I don't want to hurt him.

>

> As you ladies know I value you opinion,

> Audrey

>

>

>

>

>

>

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Hi Kristi

I consulted Khan, Gordon, Timko & Rodriques.

I totally agree with you, we should not have to diagnose ourselves.

Can you tell a little about your suit and expeience with your

attorney, My e-mail address is audreyaudge@...

Good luck

Audrey

Hello

all

>

> I had a 4 hour meeting with a team of attorneys today. I was a reck

> when it was over.

>

> As it turns out NY Statue of limitation has run out against DR.

> JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in

> june/1999.

>

> For all those considering a suit in NYS.

> The statue of limitations in NY state for malpractice is 2 1/2 yrs

> from the act or omission complained of or from the end of a

> continuous treatment during which the act or omission took place.

> However foreign objects cases may be brought within one year from

the

> date upon which the foreign object is DISCOVERED.

>

> I last saw the Mortiz in July/1999 at my post op visit, at that

visit

> he told me I was fine, put me on the pill and told to continue to

see

> my pcp and not him. 1 month later after no period I went to my pcp

> who said I was not pregnant and all was well. He said I was not

> having a period because of the pill. After a couple more mths of no

> period he convinced me it was because of the pill. I was taken off

of

> the pill in Sept/2000. I complained to my pcp of still no period

who

> insisted I was fine. Finally in early 2001 I was no longer

accepting

> his explination. I woke up and put 2 and 2 togther. Before surgery

I

> had a period after surgery no period I told him something is wrong

> and I want to conceive this year.

>

> That is when he contacted Moritz who then wanted to see me

> immediately because it could be " a complication from surgery " .

> I saw Mortiz and had surgery with him and continued to see him

until

> 7/02 when I found this group, thank god.

>

> The attorneys are trying to see if me going back to Moritz could be

> considered continous treatment, I doubt it.

>

> Here is my DILEMMA I have a clear cut case against my pcp of

> negligence according to the attorneys who are pressuring me to sue.

> I do not want to sue my pcp of 18 years. I am very close to him.

This

> is a man that has cried with me. Yes he should have been alerted

when

> I told him yrs ago of not having a period he was aware of my recent

> surgery. After all he is the dr not me, I was clueless.

>

> But by sueing him the monies would help to pay for adoption, donor

> eggs/surrogacy. Financially more doors would be open to pursue my

> dreams of having a family.

>

> The thing is I truely beleive he is a good and caring dr, not a god

> just a dr.

>

> Please tell me if you think am I crazy? Herman,family and friends

> think that I am nuts and being too emotional. They say that is why

he

> has insurrance it's not coming out of his pocket. But it would hurt

> him and I don't want to hurt him.

>

> As you ladies know I value you opinion,

> Audrey

>

>

>

>

>

>

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Audrey,

Sorry to hear of your complications with sueing. I don't know if you added your sueing details to the database we started but I think that it was a very interesting point to add about the statute of limitations you mentioned. Can you add your info or edit it if it needs editing to mention this?

Thanks and happy new year.

Poly

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Hi ,

Yes !! I am a New Yorker . Currently I live in Staten Island. I am using Dr. Palter in Long Island. I originally called Dr. man , however he did not except my insurance. I am scheduled for surgery with Dr. Palter in February.

Enjoy your pregnancy!!!!!!!!!!

Kristi

Kunin wrote:

Hi Kristi/Audrey, Kristi, I had no idea you were a New Yorker! I am from NY, I just moved from midtown last year to Stamford. I may be moving back in June?? I used Copperman, who did you use? Audrey, as you know my case was severe, and I was looking into going after my OB. From the research I have done, a good attorney will be able to go after you Dr even after the "limitations" are over. Your limitations should not begin until discovery, not the mistake! I really hope you can recover all the money to ease the financial burden of surrogacy or adoption if this is what you choose. Do not feel badly! Go after whoever caused your AS. Sounds like your OB! Fortunately, I was really not able to continue with the suit due to the fact that I am pg. It would have made it way more difficult, and I can not afford the stress it would put on me and the baby. Keep fighting for what you deserve! kristi niel wrote:

Hi Audrey, Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!!

Kristi "audreyaudgee wrote: Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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Hi ,

Yes !! I am a New Yorker . Currently I live in Staten Island. I am using Dr. Palter in Long Island. I originally called Dr. man , however he did not except my insurance. I am scheduled for surgery with Dr. Palter in February.

Enjoy your pregnancy!!!!!!!!!!

Kristi

Kunin wrote:

Hi Kristi/Audrey, Kristi, I had no idea you were a New Yorker! I am from NY, I just moved from midtown last year to Stamford. I may be moving back in June?? I used Copperman, who did you use? Audrey, as you know my case was severe, and I was looking into going after my OB. From the research I have done, a good attorney will be able to go after you Dr even after the "limitations" are over. Your limitations should not begin until discovery, not the mistake! I really hope you can recover all the money to ease the financial burden of surrogacy or adoption if this is what you choose. Do not feel badly! Go after whoever caused your AS. Sounds like your OB! Fortunately, I was really not able to continue with the suit due to the fact that I am pg. It would have made it way more difficult, and I can not afford the stress it would put on me and the baby. Keep fighting for what you deserve! kristi niel wrote:

Hi Audrey, Sorry to hear about the statute of Limitations regarding your case... What lawyers did you consult with??? I currently have a case in NYC I am using Kramer... I would consider suing the other dr. If amyrhing maybe now they will be MORE AWARE and it may spread news thru the medical community. We should not have to diagnosis ourselves!!!!!!!!!!!!!! Good luck i whatever desicion you make. Put yourself first!!!!!!!!!!

Kristi "audreyaudgee wrote: Hello allI had a 4 hour meeting with a team of attorneys today. I was a reck when it was over.As it turns out NY Statue of limitation has run out against DR. JACQUE MORITZ IN NYC. He is the ob that performed my myomectomy in june/1999.For all those considering a suit in NYS.The statue of limitations in NY state for malpractice is 2 1/2 yrs from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However foreign objects cases may be brought within one year from the date upon which the foreign object is DISCOVERED.I last saw the Mortiz in July/1999 at my post op visit, at that visit he told me I was fine, put me on the pill and told to continue to see my pcp and not him. 1 month later after no period I went to my pcp who said I was not pregnant and all was well. He said I was not having a period because of the pill. After a couple more mths of no period he convinced me it was because of the pill. I was taken off of the pill in Sept/2000. I complained to my pcp of still no period who insisted I was fine. Finally in early 2001 I was no longer accepting his explination. I woke up and put 2 and 2 togther. Before surgery I had a period after surgery no period I told him something is wrong and I want to conceive this year. That is when he contacted Moritz who then wanted to see me immediately because it could be " a complication from surgery". I saw Mortiz and had surgery with him and continued to see him until 7/02 when I found this group, thank god.The attorneys are trying to see if me going back to Moritz could be considered continous treatment, I doubt it.Here is my DILEMMA I have a clear cut case against my pcp of negligence according to the attorneys who are pressuring me to sue.I do not want to sue my pcp of 18 years. I am very close to him. This is a man that has cried with me. Yes he should have been alerted when I told him yrs ago of not having a period he was aware of my recent surgery. After all he is the dr not me, I was clueless.But by sueing him the monies would help to pay for adoption, donor eggs/surrogacy. Financially more doors would be open to pursue my dreams of having a family.The thing is I truely beleive he is a good and caring dr, not a god just a dr.Please tell me if you think am I crazy? Herman,family and friends think that I am nuts and being too emotional. They say that is why he has insurrance it's not coming out of his pocket. But it would hurt him and I don't want to hurt him.As you ladies know I value you opinion,Audrey

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