I had a breast reduction and underarm liposuction on April 13th this year. I stayed that night and two additional nights at an aftercare facility called Serenity. During my time there, one of my medical complaints was a painful burning sensation under my armpit. However, none of the nurses or even my doctor who came to see me at the facility would look under my bandages (I was bandaged like a mummy sround my chest). The day after I left the facility, the burning was so bad, I took off my bandages myself and found a huge hematoma. Can I sue the aftercare facility for not looking after me properly? The hematoma still has not healed and it is currently July. I have photos from April to the present that document the injury. You might want to read my answer quickly - as there are a lot of law students, licensed lawyers, attorneys - and the like whom do not seem like my answers ... watch the negative votes grow because I will tell you of a process that is N0N-JUDICIAL AND PRE-JUDICIAL and these guys and all the sheep that do not know they are about to be sheered ... hate the truth. Any way - here goes:
If this occured to me - I would definately write an Affidavit up with my Truth, entitling it "Affidavit of Truth"; and, - saying I cried out for help because of the pain and none addressed it. My bandages were not changed and it was I - that noticed this hematoma that could have been life threatening; and,
By my taking off the bandages and seeing such a horror that was not treated whatsoever nor reflected in your medical charts - please check and see if extra bandaging and/or etc. was charged for in the invoice from your after care facility; and,
I was upon removing of my bandages ... taken completely ill. The horror and shock that ran through my brain, the complications that it could or has brought upon me made me instantly sick in m y stomach and I was driven into a great depression not knowing who I could turn to in this matter as my life seemed so small to all those whom I did cry out to in said aftercare facility and though I was charged for my stay, no help can be shown to have been issued concerning this matter. (everything you felt and seen and how you felt would apply - that above is if it were me and I put myself in your shoes ... no advice at all - only the truth goes into and Affidavit - not any speculation as then you would be worthless as a person - nothing but a liar and I would not help you in such a criminal act or sin - use your own words and tell how you were damaged and why you are going to bill them for it).
lahhh, dee, lahhhh, lahhhh, lahhhhh ....
Then you tell them that they have 7 (seven) calendar days to answer your Affidavit, point by point and/or etc. - or you will be issuing them a bill/invoice for the damages they caused you in the amount of 1 or 10 or 50 mil or whatever you think it was worth - but; keep it realistic as well ... Get it Notarized and make copies ... IMPORTANT;
LEAVE A LINE IN YOUR AFFIDAVIT ... it is best to actually make a second one entitled "Affidavit of Service" and then explain in the letter (do this in advance for when you will do it) - stating that on this date ____________ I sent by Certified Mail with Return Receipt Request No. ________, and I sent it to such and such an address ... then you get it notarized as well and INCLUDE A COPY IN YOUR MAILING ... as evidence you sent it - and by that Certified mail number - that not only is in your Affidavit of Service - BUT; NOW you have their signature on the return receipt showing the date they accepted it.
You then start counting your 7 (seven) calendar days and then add maybe 2 or 3 days to it before you send your next presentment to them ... I always use the time inbetwen to do more paperwork as they will seldom write you back, they think you are a fool cause they got a liar and attorney on their staff ...
So, when they don't answer you - you send them the invoice like you promised them - AND MARK ON IT THAT YOU WANT IMMEDIATE PAYMENT ... and you write ANOTHER Affidavit STATING that you have billed them based upon the non-refuted damages they caused you in your stay with them and that the billing/invoice is reflective of the amount of damages, pains and sufferings that you are now charging them for. You include a Security Agreement in there - saying that if they do not answer that they agree and/or etc.
The most important point is that I tell them that if they do not pay the bill/invoice IN FULL, IMMEDIATELY UPON REQUEST THAT IS IN 7 (SEVEN) CALENDAR DAYS - THEN I TELL THEM THAT THEY DO THEREFORE AGREE FULLY AND BY FULL DISCLOSURE IF THIS BILL IS NOT PAID IMMEDIATELY IN THAT SEVEN DAYS - THAT I HAVE FULL RIGHT OF WHICH THEY AGREE TO ...
TO multiply the full amount owing TIMES 3 ... or 5 ... or 10 ... or whatever I want - pick a number - I usually use 3 or 10 times - and then I tell them THAT THE REQUEST FOR A NOTARIAL PROTEST SHALL REFLECT THE AMOUNT OF THE PUNITAVE DAMAGES; WHEREIN THE NOTARY PUBLIC WHOM CONDUCTS THE NOTARIAL PROTEST SHALL REQUEST PAYMENT IN FULL WITHIN 7 DAYS OF HIS RESUBMITTING MY INVOICE/BILL TO YOU.
This usually really gets people laughing and rolling on the ground ... because - THEY DON'T KNOW ... that this process is actually a process that is NON JUDICIAL - but; more powerful than any court - and is PRE JUDICIAL ... BECAUSE ... once the process is over - you then can use the court to not only give you the judgment - but; they can also issue orders necessary for collection.
For instance - the Sheriff can be ordered to go to the pay in window and collect every penny collected by that aftercare facility - and turn it over to you until you are paid. Court order can make the Sheriff go to the post office and pick up their mail and turn over all the checks for payments and/or etc. paid to that facility - until the payments are complete ...
If done properly - the doctor that did not come and check you out or the nurse that ignored you ... if done right they won't be ignoring the Sheriff when he goes to their homes and auctions them off along with their cars, trucks, boats and golf clubs ... or anything else anyone wants to buy - or you can write it up in a way that you can actually place highest bid on all of it ... AND DEDUCT IT FROM THE AMOUNT OWED ...
Of course - you may want to bill them as well for having to use your services rendered to collect ...??? and to pay fees necessary to get the court to issue and for the Sheriff to go down and play as cashier to collect your money and/or etc. ...
See - after a Notarial Protest is completed - you take the Certificate of Default to the District Clerk who files your EX PARTE DEFAULT JUDGMENT ... it is EX PARTE because the other party most likely will NEVER answer you or the Notary Public ... WHOM BY THE WAY - IS AN OFFICIAL OF THE STATE OF WHICH HE NOTARIZES IN ... and he is actually higher in authority for this process than the District Judge you are filing the finding in to.
There is no court to be heaing any argument BECAUSE the Notary Public already HELD THE TRIAL DURING THE NOTARIAL PROTEST ... he allowed the other side to dispute your claim and if they did not ... Kay Sarahh Sarahhh my friend - the judge can't hear it either because there is nothing to be argued ...
He simply will sign the Order of the Court over to you ..
Now dear lady - you see why lawyers and attorneys do not like me??? This process cuts them completely out of the picture - they don't get a dime let alone 89% or whatever your claim will bring in ... AND THEY DON'T HAVE A CLUE ON HOW TO COLLECT ....
IF they actually win the case ... or cause ... which may have no grounds when reading their fine print ... if they do not contest your claim that they will be too busy laughing at - they will not know what hit them - but; if the lawyer or attorney brings it to court and a word is wrong or out of place you could lose ...
Or if you were to win - and the judge slams the bench with his little gavel and says court dismissed !! But, prior you were told that they owe you a million dollars ... guess what will most likely occur???
Your lawyer will send you his bill for 800 THOUSAND ... and leave you with 200 THOUSAND ... but; then it gets even more exciting - because the After care Facility DOES NOT PAY ... and your lawyer still wants his 800 THOUSAND you said you would pay him for his services IF HE WON ... well - he won - and nobody is paying - so - you are stuck again, eh?
And most likely - your lawyer or attorney will not have brains enough as to how to collect other than send out letters to the debtors saying ... hey - can't you see I am a lawyer or an attorney here ... and I whooped you in court ... now cause I whooped you in court and the court cannot MAKE YOU PAY THE LADY WITHOUT ME FILING PAPERS INTO THE COURT - CAUSE I DONT' KNOW HOW TO DO IT OR EVEN WHAT THEY ARE ... you better pay - you hear me ... I am the lawyer or attorney kicked your buttox all over the court and the judge said you owe - so you better pay ...
Ummm - you better pay now - they say again a week later, and a week later - at the same time sending you a new letter telling you to pay him and how he is charging you 100 bucks a letter for sending his ignorance to the non-paying debtors ...
I am not telling you not to sue - if you want - you should indeed do so -
I have not given any legal advice at all herein - in fact 99 percent took place out of any court and without any judge, lawyer or attorney to greedily steel from the oppressed seeking protections from ... and I certainly do not think that telling to take the Certificate of Default to a District Clerk to file in a District Court an EX PARTE DEFAULT JUDGMENT was anything to do with legal council or advice as there may be no lawyer or attorney that even knows of this ab initio; therefore,
if you want to write me concering more on this issue and how I have done it - shoot, I don't mind sending you a copy where I billed a City and 9 other Fraudulent Plaintiffs against me for over a billion bucks each ... then later I billed the judge and his little court too for the same amount as being a co-conspirator (I WAS ALLOWED THIS BECAUSE OF THE WAY THAT I WROTE UP THE CONTRACTUAL AGREEMENTS AND THE SECURITY AGREEMENTS ... as I listed the Plaintiffs as Conspirators and told them that when any other and in the order they are discovered to have been discovered - ALREADY KNOWN TO THE CONSPIRATORS AND NOT MADE KNOWN TO ME - I have right to charge the newly found out co-conspirator the sum of over a billion bucks to be paid individually, jointly and/or severally) ...
The judge got up and actually fled from his court - BECAUSE HE KNEW THAT MY NOTARIAL PROTEST WAS MORE POWERFUL THAN HIS COURT ORDERS ... he actually fled his court and the City Attorney sat there almost having a nervious breakdown as 4 bailiffs and a few other cops came up to where we were (I always have a bunch of cops there when I appear for some reason ... usually there are only one or two for any one else ... I have counted up to 12 law enforcement officials standing at doors and seating or standing in various places in the court ... TAX PAYERS DOLLARS AT WORK).
Like I said - you can look at some of my other answers pertaining to Notarial Protests - most have been removed by angry and jealous lawyers, attorneys and/or etc.
Peace;
Aintmyfault
Make up another Affidavit of Service with it showing that you are sending the Invoice/bill, the 2nd Affidavit with the security agreement, with the Certified mail No. - and that you received no response to the first Certified Mail No. and/or etc. and that you sent this presentment out on or about this day ... and send it off ... don't worry - they will want to wipe their noses on this one and it will be laughed about for about a week ... yes you can sue. you can also report the facility, the nurses, and the doctor to the state medical board. |
