When I go to a medical Office to see a doctor , I must first sign the standard medical agreement papers that the receptionist gives me, befo...

Question

When I go to a medical Office to see a doctor , I must first sign the standard medical agreement papers that the receptionist gives me, before I see a doctor.

So, I consider that, a Written Contract, amongst me and them.

If the doctor(s) and/or the RNA (doctor's assistant) do something wrong (give wrong dosage prescription, I get side effects at home, etc.) and I sustain physical/mental/emotional injuries afterwards when I go home, and then I intend to sue the Medical Office, can I sue for Breach of Written contract (that resulted in physical injuries, which Appellate athorities have stated that pain-and-suffering damages are warranted), because I had signed a written agreement with them, before they performed negative medical procedures on me.

I know that its Medical Malpractice claim, but this happened 3 1/2 years ago, and a Medical Malpractice cause of action is 1 year.

I want to sue for Breach of Written contract, because it has a 4-year Statute of Limitations, and then amend my complaint to add four causes of actions= 1.)Personal Injury ; 2.) Negligent Infliction of Emotional Distress; 3.) Medical Malpractice; and 4.) Negligence, based on same injuries, same parties, same offending instrument(s).

Would defendants be succesful in demurring, by stating that the statute of limitations have expired, and that the gravamen of Plaintiff's suit is that of a Medical malpractice claim?

Or, would I have grounds for a Breach of Written contract claim against the medical office, since we did enter into a written contract agreement, for medical performances that were not in accordance to medical standards.

Answer

The doctor's malpractice carrier has a law firm that will handle that. They will most likely demur, and the demurrer will be sustained without leave to amend.

Answer

Agreed .. You might consider them a written contract but the courts won't. The damages under the contract are what? The payment made for services? No you want injuries which no matter what you call it us still malpractice. No matter how you spin it, this us a malpractice case that has gone past the Statute of Limitations.. You will lose at demurrer and wasted your filing fee