Re: forceps, fibroids, skull fracture

From: DoctorJoe@aol.com
Tue Jul 29 20:47:15 2008


In a message dated 7/29/08 9:24:16 AM, forcep@intercom.net writes:

> A surprising question from a legal scholar! The child is an
> entity unto himself and again, anyone can sue anyone for anything in the
> USA. Thats why the system sucks.The prior action certainly lessens his
> success in the halls of justice(?) but he can certainly sue.
>

You missed a nuance.

The child apparently sued when he was younger (or his parents did on his behalf). However, we were told the suit was dismissed. My question was, how did he get to sue again? If the original suit was dismissed without prejudice, and prescription or the statute of limitations has not run out, then he can sue (on his own) again. On the other hand, if the suit was dismissed with prejudice, he cannot sue again (a concept called res judicata -- "the thing has been adjudicated").

Joe P.





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