Legal Question in Medical Malpractice in Missouri

Wrongfully named in law suit

I was wrongfully named in a law suit. I am not the nurse in question and never worked for the institution being sued. I was in fact out of the state during the time frame that is named in the suit. I am not able to use the attorneys at my institution because it is unrelated. I was dismissed last year when I notified the prosecutor of the mistake...but now I am getting notices to appear in court. My dissmissal was without prejustice. I cannot afford an attorney. Should I just appear in court and plead my own case of mistaken idenity. The prosecutor will not return my phone calls.


Asked on 9/30/04, 3:48 am

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Wrongfully named in law suit

I would like to help you even though you can not afford an attorney, but your post is not clear to me. If you were "named" in a lawsuit, were you "named" as a defendant? Were you served with a summons? Did you answer the petition/summons on time? How were you dismissed out of the lawsuit? If it is a civil lawsuit, what has the prosecutor got to do with it? If it is a criminal prosecution, are you the defendant or perhaps just a witness (allegedly)? If you would be able to explain things better in a conversation, I would be happy to give you a free telephone consultation. You may feel free to call me at 314-727-2822.

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Answered on 9/30/04, 2:32 pm
Spencer Farris The S.E. Farris Law Firm

Re: Wrongfully named in law suit

If you were dismissed from the civil suit, without prejudice, you can be renamed later. However, your employer should defend you if the matter is a civil suit for your conduct at work. You mention the prosecutor, which is different- typically a criminal suit. This matter is much too important to handle through email, and I strongly recommend that you contact an attorney, from this BBS or elsewhere, as soon as possible. Keep calling- someone will speak with you, without a fee!

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Answered on 9/30/04, 5:04 pm


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