Legal Malpractice Legal Questions

If you are asking whether a statute that violates the provisions of a constitution are void, the answer is Yes. However, this is something that would need to be declared by a court and not you or I, and is typically the subject of VERY lengthy and expensive appeals. If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read More

Sadly, the injury which your son has suffered is not an uncommon one.  A difficult delivery, with the risk of injury to the baby, may occur if the birth canal is too small or the baby is too large. Injury is also more likely if the baby is lying in an abnormal position before birth. When these conditions are present, medical care providers should take appropriate steps to minimize the danger to the baby and mother. Erbs (or brachial) palsy occurs most often during delivery when excessive pressure is put on the baby’s head, neck, or shoulder because of difficulty delivering the shoulder area (known as “shoulder dystocia”). The condition occurs most frequently in babies of higher-than-average birth weight, and can happen when forceps or vacuum devices are used with too much pressure during delivery.  In about two out of every 1,000 child deliveries, a baby suffers injury to the brachial plexus. As you probably know, the brachial plexus is a group of nerves that travel from the spinal cord up the arm, supplying the arms and hands. National studies indicate that residual long-term deficits may include progressive bony deformities, muscle atrophy, joint contractures and possible impaired growth of the limb. This is a known danger and one which can be avoided with proper attention during delivery by medical staff.  From the facts you provide, you may have a strong medical malpractice claim.  I suggest you find a lawyer with whom you are comfortable and then have the medical records from the delivery reviewed.  If you would like more information about pursuing a medical malpractice claim for a brachial palsy injury, please visit http://www.chalatlaw.com/malpractice/medical-malpractice/birth-injuries/ Please keep in mind that there is a two year statute of limitations in Colorado for medical malpractice claims.  You must file within two years of the negligent care or lose your right to do so. I would be happy to answer any further questions which you may have, please call or email me.... Read More

What is your question? If your attorney does try and withdraw he has to file a Notice of Intent to Withdraw with the Court. The notice allows you 10 days to object to the withdrawal. If you do object, your attorney would have to file a motion to withdraw. If you appear at the motion and tell the court about your situation, it is unlikely a judge will let your attorney withdraw.... Read More

Quite possibly. This would require a variety of considerations, but as a general rule a huge bed sore should not occur with proper attention and care. If you have additional concerns, we do offer FREE initial consultations at 1-800-922-6442, to determine if we can provide further assistance.... Read More

Based upon the facts presented I fully expect that the source of this dispute surrounds PAYMENT of the billed fees. The conduct you describe typically occurs when there is a dispute between lawyer and client regarding over outstanding balance OR there was a flat fee agreement and there is a dispute about what that entailed. Bottom line, since you are paying for the lawyers servcies, if you are not happy, simply change lawyers. As long as lawyers get properly paid for the work they do, 99% are more than happy to speak with you or do whatever you ask. In contrast, if you get behind on payments or start nickel and diming a case, lawyers will not continue to do legal work unpaid. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More

There simply is no such means. I can tell you that the pitch you use will likely turn off most lawyers from even looking at it. Anytime the pitch is "free easy money - come one come all, I just need the RIGHT lawyer"......anyone who has ever litigated even a small claims case knows better. If its such an amazing case that proves itself, with guaranteed wonderful payout, your existing lawyer should be frothing at the mouth to switch to that fee arrangement. If he tells you "oh we dont do contingent fees" I'll call BS on that as EVERYONE would take a case on a contingent fee if the case and financial prospects are as you portray, its a no brainer. Like all such prosects though, there is always a catch, and this catch, whatever it is, is the reason that YOU are not willing to risk funding such a sure winner with your own money, which would actually yeild a much better financial result for you in the end. Age old rule.....never invest in stocks your broker doesn't buy himself. I'd be more than happy to give you 20 minutes to expalin the case, BUT, I think you will find that most competent trial lawyers will require some convincing to ever entertain your proposal. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More

How does dropping a crown down your throat have anything to do with MS? I am assuming the dentist will replace the lost crown, so I am not sure what the damages are, beyond some inconvenience. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More

Not likely, and who said 50/50 were the odds? Such cases are VERY expensive, time consuming and hotly contetsted. YOU also might not be happy with 3x hourly rate if the the legal fees were $75,000.00 and you recovered $50,000.00, since you would get ZERO money, even if you got all you asked for. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More

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

Generally, you will have to sue the doctors where the malpractice occurred unless the doctors also practice medicine or have other significant contacts with the state of Missouri.  This is because unless the doctors purposefully direct their actions towards Missouri, they cannot be made to come to Missouri to defend themselves.  There are some large multi-state firms with offices in both St. Louis and Las Vegas; this search may help you find one.  I suggest you contact one of these firms for help.  https://www.google.com/?gws_rd=ssl#q=law+firm+offices+st.+louis+las+vegas... Read More

Have you had surgery to repair the retinal detachment? Was the shot administered by an opthalmologist or an optometrist? These are important questions that I would need to know in order to give you an opinion on the merits of a case. I would be happy to discuss additional details about your case with you at any time. My suggestion would be that we obtasin your records and then have them reviewed by an outside expert. I know of a well-regarded expert in this area who would review the records.... Read More

I would e-mail and leave a voicemail with the attorney telling him/her you will be contacting the WA State Bar and an attorney if they don't immediately respond. If they still don't respond, consult an attorney and file a grievance with the Bar. You can file a grievance on-line here: http://www.wsba.org/Licensing-and-Lawyer-Conduct/Discipline/File-a-Complaint-Against-a-Lawyer... Read More

The Florida Bar will not do anything that involves handling your litigation case. They will only discipline the lawyer if they findhe did something wrong. Whats missing here, however, is the results of your discussion with the lawyer about WHY this is occuring. I suspect its something to do with a fee dispute. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

No way to tell from your post. You will have to retain a lawyer to look at all your records etc. What you describe is that you filed bankruptcy and as a result surrendered your claim to the trustee. This would be why you were providing testimony and the case was settled with out your participation, as the claim was no longer yours. If you have further questions, feel free to contact our offce at 1-800-922-6442 for a FREE consultation. ... Read More

It could be, although it may be very difficult to explain how this would have damaged a civil lawsuit. Generally, there is no such thing as an "anonymous source", you cannot refuse to disclose witnesses and in fact are typically obligated to do so. As you may imagine, it would be virtually impossible to claim damages because a lawyer would not suborn perjury if you lied and said you did not know of the witness or improperly refused to disclose the information. Obviously, you dont trust that lawyer, so you may as well get another one ASAP and if you feel compelled to file acomplaint with the Florida Bar. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read More