Virginia Legal Malpractice Legal Questions

It sounds like your brother may certainly have a valid legal claim, the question is whether it is worth bringing it or not.  What is the extent of your brother's injury?  You say he is in the hospital, but for how long?  What is his prognosis?  Will he suffer permanent injury as a result of this?  Without catastrophic or permanent injury, it is unlikely a lawyer will be willing to take on the case.  That is because every medical malpractice case requires a medical expert witness, before we can even get the initial complaint served, and this can cost thousands of dollars.  In order to make this risk worthwhile, the expected monetary recovery has to be pretty substantial.  If you brother will recover from what the doctor did, even if his underlying condition may not be cured, then he will probably not get that much out of it. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More

If you have decided not to use this attorney's services and you have notified them of such, they should return your deposit to you, or anything remaining after deducting for any work they have already performed, within a reasonable amount of time.  There is no bright line rule of what amount of time is reasonable, but I would think that thirty days is inherently reasonable.  To insure that there has been no confusion as to your intention, you should put your request for a refund and termination of services in writing (letter, fax, or email) and then follow up to make sure it has been received and ask for a timeframe of when you can expect your refund.  Then, if after thirty days you have still not received your refund, you may want to consider contacting the state bar.  The bar takes the safekeeping of client's money very seriously. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Wow, that is a very unusual strategy -- to deliberately alienate the judge.  I have never heard of lawyer behaving like that.  However, I'm not sure it rises to the level of malpractice.  The fact that you lost may be attributable to the facts presented against you, as much as the lawyer's actions and negligence, so it could be difficult to prove causation.  I hope that you appealed the case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More