QUESTION
What can I do about an attorney who dropped a medical malpractice case without notifying us or giving us anything in writting?
Asked on Mar 19th, 2013 on Legal Malpractice - Colorado
More details to this question:
We hired a local attorney who we were told was good and agrresive in court. Apparently he had his paralegal invite us to her house for dinner one night. When we got there she had already been drinking wine or champan and was already a bit drunk when we got there. My guess is that she forgot to tell us because she was drunk. She did mention that it was going to be hard to find a doctor to say that if they removed the tumor when it first appeared on film, that if it was removed that it would never grow back. I told him to make a case that because of his negligence no doctor can now remove completely because in the # years that passed the tumor grew around the artery and optic nerve making it impossible for any doctor to remove it. Either way he only spent a little over $2000 and then closed the case without telling us or giving us something in writing. Can I look into legal malpractice on this attorney and is it to late for medical malpractice?
1 ANSWER
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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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.
Answered on Mar 26th, 2013 at 2:02 PM