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retireddoc

where do I file

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My wife was attending a convention in CA, she had a previous neck injury and had a surgery with a fusion and metal plate in 2004.  It has been relatively stable since.  At the convention she met someone from FL, whose husband is a personal trainer, among other things, and was reported to have healing abilities through massage.  My wife had a rough flight and was experiencing neck discomfort.  One of the speakers at the conference became a friend, and it was her husband that did the treatments.  The speaker sent her husband to my wife's room, and he did a massage on her.  My wife told him about her neck injury and history and told him not to pop or manipulate her neck due to the fusion and metal plate.  Despite the warning he pulled her head at the end of the massage so hard that he lost contact with her head and fell against the wall.  She immediately experienced tingling in her fingers and toes, and became lightheaded.  He told her that was normal and it was like a computer reboot, and happens to everybody.  She has gotten progressively worse since that event. and now has lost all feeling in her hands, arms and feet.  We have finally gotten our local doctor to get studies which now indicate that the plate which had remained stable and in place since the 2004 surgery, has been shifted.  The screw which was in the above vertebrae has now been moved to the disc below, the vertebrae has been fractured and is pressing against her spinal cord.  She has been told she needs to have one or two vertebrae removed and a new total fusion of her neck done, or the condition will be fatal.  The surgery has been scheduled for May 12, 2015, 450 miles from where we are currently residing.  We are TX residents, currently staying in NE.  The person causing the injury lives in FL, and the injury occurred in CA.  I am not sure if the individual causing this has any type of liability ins., but both he and his wife, who sent him, have corporations and travel and speak at various events.  We have not told them of the current situation, and we are facing massive medical expenses.  We do not yet have an attorney, and do not know where we would need to file a suit.  Any advice would be appreciated.

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We do not yet have an attorney, and do not know where we would need to file a suit. 

 

You will ultimately have to file suit in Florida where this person lives so you might as well seek a personal injury attorney in the city where he lives.

 

I wouldn't be too concerned about corporations or insurance. This is his personal liability. If he's got corporations and travels to give lectures, then he's got money and your lawyer will find it.

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You could file in CA since that's where the injury occurred (although it doesn't appear there are any witnesses or any evidence in CA), but the best place to file is in FL since that's where the defendant lives.

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Was this guy actually acting as a licensed medical provider or was this just some guy who offered to give a massage? Either way, he could be held responsible but the way in which you do it would differ. I would consult an attorney and in the future, refrain from receiving medical care in hotel rooms from strangers.

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Hi retireddoc,

 

Welcome to the forum.  Sorry to hear about your wife's situation.  Hopefully with treatment she will be much improved.  As noted by the other members, you could file a claim either in the state where the injury occurred or where the defendant lives.  Both states would have jurisdiction over the matter.  Additionally, your wife may want to consult with a personal injury attorney regarding the specifics of her case.  A local personal injury attorney can be found in the FindLaw directory and you may request a free claim review here.

 

The following FindLaw articles may also be of assistance:

Good luck to you and your wife,

 

The FindLaw.com Team

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