Legal Malpractice Legal Questions

Possibly. Much of what you address may be focused on disclosures and whether you are entitled to rely upon the lawyer for your personal issues vs. his representation of the businsess entity. If you truly have intentions of investigating or pursuing this, you will likely need to hire an attorney at an hourly rate/retainer to assist you. We do provide free consultations for such matters if yo would liek to contact us at 813-877-6442... Read Answer

This is an interesting issue regarding the interaction of the Baker Act provisions (state law) and the protections of HIPAA, which is preemptive federal law. My recollection is that Baker Act issues are a matter of public information, while the actually medical records themselves may not be. YOu will probably have to hire an attorney to examine this issue with a retainer and payment of an hourly rate to address this issue.... Read Answer

It sounds like you have a legal malpractice case worth investigating. It is hard to understand why an attorney would fail to prosecute a personal injury case when the client suffered a disabling injury. That is a case that could be worth a substantial amount of money. At some point did the attorney determine that there was no insurance coverage? Even when you cannot locate a defendant for service of process, you can make a motion for substituted service so that the case can move forward and you can obtain a judgment.  The first thing an attorney will due is try to get the case reinstated. If he cannot because the case was dismissed with prejudice, then the next step is a legal malpractice case against the firm who let the case get dismissed.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz.   ... Read Answer

In order to prevail in a legal malpractice claim, you must prove the "case within the case." In other words, you have to prove that if the attorney who represented you racticed law within accepted standards of care the outcome would have been different and you would have prevailed. I would be interested in knowing more about the facts of the underlying case. If you are prosecuting a personal injury case, it is hard to understand how your case could go to trial with no expert testimony. That is a prerequisite to proving damages. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read Answer

First, I would not try to fix the situation yourself. As a lay person you will most likely make the problem worse, as will doing nothing. You need to hire a new attorney to pick up where the old one got fired and go from there. Bear in mind though, that if old attorney was giving you either "freind rates" or doing the work for free to help you out, you may have attitional expenses to deal with now.... Read Answer

You are correct that the treatment by your previous attorney is highly unorthodox, and perhaps negligent.  As for the underlying medical malpractice claim, you are correct that a claim can be made for a lost opportunity for treatmenbt.  When locating an expert, we typically allow about six months to find the best expert witness to provide the needed testimony.  Additionally, we caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. I would need more information before offering an opinion as to a claim against the attorney.  If you wish to have a free consultation, please call my office and arrange for a phone appointment through my paralegal, Dawn Rannells. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice or legal malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  I hope to hear from you soon.... Read Answer

I need to understand what part of the assets you had a life estate in--usually it is for a house.  If the house was already gone when your mother died,  then I would understand the lawyer's actions.  If the life estate was for all assets of the estate or something that didn't need to be sold (such as a house on which you were able to keep the mortgage current),  then I would be interested in learning more about the situation in order to answer this question.  The other question I have is whether you had your own lawyer during probate or whether you relied on the lawyer for the estate? ... Read Answer

You could probably sue him - it is clear from your description that he dropped the ball.  The questions are - how badly were you hurt, and do you think it is worth suing your attorney?  You should talk with another attorney, at a minimum, to get a feel for your options.   Good luck going forward.  -Jay Mills     James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

It is hard to give you a substantive answer about the viability of your case with no medical facts.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

A deep venous thrombosis can be caused by a number of factors. Slowed blood flow, damage to the blood vessels or inherited factors all can cause DVT's. From your description, it it appears that the DVT may have developed at the puncture site. This is a inherent risk. there may be some issue as to whether or not your doctor should have identified this sooner , but given the fact that you are now receiving appropriate treatment, it is questionable whether any delay would amount to actionable malpractice.... Read Answer

If your attorney made an appearance on your behalf, then your attorney is the "attorney of record" in your case and all correspondence would be sent to him or her. once the attorney has made an appearance, in order to withdraw it would be necessary to file a motion to withdraw and notice all parties. An order allowing your attorney to withdraw would have been signed by the judge and all further correspondence would have then been directed to either you or your new attorney. The first thing that would need to be done to determine whether or not legal malpractice occurred is to obtain a complete copy of your court file... Read Answer

You should consult an attorney who specializes in medical malpractice immediately.  This is not an easy answer because under some circumstances there may be a viable case.  but also, there may not be if this is a complication of the surgery which is something on informed consent.  there are also applicable statutes of limitations in which to act.  Thus, my recommendation is if you want to look into this that you contact an attorney immediately. Scott B. Cooper scooper@schmidtkramer.com 717-232-6300... Read Answer

Medical negligence cases are difficult and expensive to litigate. Further, an attorney takes a medical negligence case on a contingency fee basis. For these reasons, the case must be of sufficient value to warrant the time and expense of pursuing the case. It may be difficult to find an attorney who would take a medical negligence case when the damages are limited to the fear of hep B shot.... Read Answer

You should contact a lawyer in your area, schedule an appointment, sit down w him or her and discuss the facts of this matter in detail with him or her. Most lawyers for a case of this nature will talk to you without charging a fee. The facts you represent need to be given in greater detail.... Read Answer

Sorry to learn what happened.    You have an absolute right to demand a copy of your entire file from her old firm and proof of what the $6,000 was spend on.    Call your county bar association and get the name of a divorce attorney who will help you with this.   The fee for this consultation should be minimal.   Good luck.   There is a fee dispute committee in Trenton and there are ethics complaints you may also want to consider.... Read Answer

A person cannot sue an attorney for malpractice once the statute of limitations has run. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read Answer

Filing a grievance with the WSBA does not toll (stop) the statute of limitations for a lawsuit against an attorney. An actual lawsuit would have to filed in order to toll the statute.  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read Answer