must_get_gc Posted January 10, 2013 Report Posted January 10, 2013 Here is my story. Civil Surgeon provided an incomplete medical report that resulted in a RFE. The RFE was specifically for a missing information in the medical report. The Surgeon gave a new report which was received by USCIS and acknowledged the receipt by that time the dates retrogressed. While everyone in the family got GC including primary the dependent was stuck because of this RFE. It is not known when the dates will become current again. PD 2007 EB2 India This has created anxiety among family members and heavy financial loss since the dependent is assessed for out of state for the college tution purposes. The difference in tution is close to $26K per annum. Is there any way I can sue the Civil Surgeon for his omissions on his part?
JoeF Posted January 11, 2013 Report Posted January 11, 2013 You can sue anybody, but it may not be likely to win. Throwing good money after bad doesn't help you.
pontevecchio Posted January 11, 2013 Report Posted January 11, 2013 You should get legal opinion in your state.
Belle Posted January 11, 2013 Report Posted January 11, 2013 I would say, pay $200 for a legal review of civil surgeon liability, and what you can do based on your state's laws.
tusharvk Posted January 11, 2013 Report Posted January 11, 2013 sorry to hear this. I have heard cases of encounters with bad civil surgeons. Some may purposely omit some entries on the form to ensure repeat visits and more money. Some times these are errors. Whatever you decide about the suit and if your opinion is the error is purposeful, please at least spread the word in your community to prevent him from milking others.
howdy_howdy Posted January 12, 2013 Report Posted January 12, 2013 Make sure you have all the proof and most importantly the statute of limitation has not expired. It is normally three years. Talk to an experienced attrney and strip off his license if possible, Back in 2004, I did medical examination for I485 and the doctor gave me a sealed envelope for INS. I went ahead and opened the envelopes and found out that he had checked for HIV positive (or some disease) which I was not. I immediatedly went the next day and showed it to the nurse and threatened for legal action for providing falsifying information. They corrected the information showed me the docs before sealing the envelope so there were no mistakes. The answer I got was clerical error. But that was not acceptable. Their report can make or break our careers. Don't let go of that SOB. Go after him. Post your experience. Good luck howdy_howdy // Here is my story. Civil Surgeon provided an incomplete medical report that resulted in a RFE. The RFE was specifically for a missing information in the medical report. The Surgeon gave a new report which was received by USCIS and acknowledged the receipt by that time the dates retrogressed. While everyone in the family got GC including primary the dependent was stuck because of this RFE. It is not known when the dates will become current again. PD 2007 EB2 India This has created anxiety among family members and heavy financial loss since the dependent is assessed for out of state for the college tution purposes. The difference in tution is close to $26K per annum. Is there any way I can sue the Civil Surgeon for his omissions on his part?
chakrakr Posted January 13, 2013 Report Posted January 13, 2013 Many attorney will probably be willing to take this on contingency basis. Call the local bar referral service
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