I was injuredd/t a postop mistake, have been off work for sometime. My family is having a benefit for me. My Dr. bought a ticket for the benefit. I'm now being told I can no longer file a malpractice suit against him because I cashed the check he wrote me for the ticket he was sold. He wrote benefit on the check. Need to know if this is true.
2 Answers from Attorneys
Re: malpractice suit
To release a claim against a negligent party, you sign a release agreement in exchange for consideration. If the negligent party gives you money but you do not sign any type of release, then the negliget party has not been released from your claim. So, merely buying a raffle ticket - without anything more like a release agreement, will not release the negligent party.
I hope this helps. Please do not hesitate to contact me if I can be of further assistance.
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Re: malpractice suit
The ticket your doctor bought was a donation, nothing more. Most important right now is to be sure you act promptly before the statute of limitations expires in your case. Once that happens, you will be unable to collect any money regardless of the merits of your case. Please let me know how I may assist you further.
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