Legal Question in Medical Malpractice in Missouri

malpractice suit

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.

Asked on 7/24/08, 9:58 am

2 Answers from Attorneys

James Manning James Manning, PC

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.

- James

Please be advised that the choice of a lawyer is an important one and should not be based solely upon advertisement.

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Answered on 7/24/08, 10:45 am

Jeff Heinrichs McLeod & Heinrichs

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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Answered on 7/24/08, 6:22 pm

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