My atty dragged out a very serious medical malpractice case for 2 years and then abruptly requested a 'voluntarily dismissal'. The case was filed and based on the medical report of a physician / friend of his who had 'credibility issues', which I was never informed. He procrastinated to seek alternative expert testimony until a month before the trial date. By then, he was up against the clock and could not produce expert support. I was never informed of any problems or 'credibility issues'. I am stunned and mad. Does this sound like incompetence to you? Feedback, please!
The Man
Sounds like you didn't have much of a case. Lawyers don't like to leave money on the table. Your case was probably not worth your lawyer's time.
yetti
what I would do talk to a different atty. Most of them will give you a free meeting, they would be able to help. I would say that if you were not told then that is bad, but at the same time you might not have a case, in the mind of you lawyer. I would get a another atty's opinion.
jeannieunderwood2003
Complain to the State Bar Disciplinary Board. If they investigate and determine that your attorney was in violation of ethics rules, then you may have a civil malpractice case on your hands. Act quickly, b/c there are statute of limitations for filing malpractice. The times vary from state to state.
robert96720
You need to get your complete file from the attorney and contact another attorney to review it. If possible, it might be better to contact the other attorney first, explain your understanding of what happened, and have the file transferred directly to him or her.
The chances are pretty good that the medical malpractice claim is now time barred, but you may have a legal malpractice claim against the attorney if his representation was below the standard of care and the proximate cause of damages to you. Basically, you would have to show that your attorney made mistakes and that you would have won your medical malpractice case if he had met minimal standards. You may have a claim against the retained expert, too, although such claims are rare and will likely have to be based on fraud or misrepresentation. If he lied about his background or some such thing that your attorney only learned about at the last minute, he might be responsible for your problem.
In both instances, though, the usual problem is with recovery even if you win. If you lawyer has malpractice insurance, you have a source of money. It probably won't be enough to fully reimburse you for a "serious medical malipractice" if you have a meritorious case. The physician/friend may have medical malpractice insurance, but it probably doesn't cover expert opinion.
One potential issue is how the case was "voluntarily dismissed" by your lawyer. In my state and, I believe, most states, the lawyer cannot "voluntarily dismiss" a case on his own after the other side has appeared in the case. The actual parties have to agree to it; not just the lawyers. The dismissal is written, signed by the clients, filed with the court, and subject to court approval.
Do you have a case? I don't know. You need to have it looked at, in detail, by an attorney who can assess the myriad of facts that will influence the potential outcome.
Orignal From: My lawyer filed my med mal case based on a doctor who had "credibility issues". Feedback plz.?
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