November 24, 2014
Initially it was filed as a medical malpractice / lack of informed consent , but later a substantial evidence of fraud was discovered , but the court denied the fraud claims and punitive damages to be added to the original claim by calling it untimely, duplicative and surprising to the defendant. Seeing it also as being unfair to the claimant to not be able to fully litigate the claim, can a separate fraud claim be filed to avoid duplicity and can the fraud evidence found in the defendant testimony be used in the outside claim? Or can the evidence of misrepresented written consent be used to prove the original lack of informed consent and after the court denial of misrepresentation claim? Does proving that the consent was misrepresented also covers that the consent was lacking info?
You don't say what this alleged "substantial fraud" was, but since the claim has been considered by and precluded by the judge, you'd be ill-advised to try to raise it again (this could result in sanctions and/or a mis-trial). "Misrepresented written consent" ? What is that? How is consent "misrepresented"? I think you're getting in over your head here. I don't know if you have a lawyer already, but it sounds like you don't. Once the judge has ruled to preclude a claim, your only real option is an appeal, assuming you have grounds for appeal.
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