Medical Malpractice confusion?

What is the name of your state? What is the name of your state? What is the name of your state? OH
My Fiancé lost her mother on Nov 2, 2001, and her and her disabled father have begun a malpractice suit against her doctor and hospital for negligence. The hospital was offering to settle out of court, but their lawyer told them (verbally, not in writing) not to be cause there was evidence in the autopsy and toxicology report that was very strong. The lawyer ended up re-filing the case for an extension of time for his medical expert to do some more research a few months ago. Today they were sent an E-mail from the law firm that there was NO EVIDENCE and the case would be dismissed????? They have an appointment to speak to the lawyer when he comes back from out of town. My question is.... Why would a lawyer discourage a settlement, then drop the case for lack of evidence? AND shouldn't the lawyer have told them in person and not over an e-mail?

[ellencee]

[quote]Malpractice that results in death gives rise to two distinct claims: a malpractice claim for personal loss and suffering prior to death, enforceable by the decedent's personal representative, and a wrongful death claim for pecuniary loss to the decedent's spouse and next of kin. Koler v. St. Joseph Hospital, 69 Ohio St. 2d 477, 432 N.E.2d 821 (1982). A wrongful death action may be brought even if the malpractice claim is time-barred Id.; Brosse v. Cumming, 20 Ohio App. 3d 260, 485 N.E.2d 803 (1984) (malpractice claim already barred at time of death). By statute, an action for wrongful death must be brought within two years after the decedent's death, Ohio Rev. Code Ann. § 2125.02(D) (Banks-Baldwin Supp. 2002), but the Ohio Supreme Court has begun to apply a discovery rule that can extend this time. Collins v. Sotka, 81 Ohio St. 3d 506, 1998 Ohio 331, 692 N.E.2d 581 (1998).[quote] [url]http://www.mcandl.com/ohio.html[/url]

iamthesporkman
From your post, I can not tell if the case is still filed or if the attorney has dismissed the case. I hope the case is still filed and that the attorney is able to either keep the case active long enough for the husband to seek further legal advice and obtain alternate representation or that the attorney will contact the hospital and state the husband's willingness to accept a settlement in this matter.

If the hospital offered to settle, something happened that should not have happened and the hospital knows it. It may not be a huge case with huge awards or even enough to pay for the litigation process; obviously it has some degree of merit and some degree of compensable damages, though.

The husband should review the expert's summary and opinion and should ascertain why a good case suddenly became one with no merit. If it was the attorneys opinion that the medical evidence was 'good' and the medical expert reviewed and opined that the 'good' evidence did not exist, then additional or alternate legal representation will probably not yeild any different result or reason to continue with a medmal claim.

Best wishes,
EC

i would fire the lawyer immediatly, red flags should be going off all over the place. your lawyer is SELLING YOU OUT!!!!!!!!

plain and simple. ellence is right the hospital would not offer a settlement unless they were guilty of wrong doing and they knew it. you would not believe how many lawyers in this country sell out their clients with no second thoughts what so ever. A similar instance happened in my case also and i'm suing my former attorney also and he has no defence to his malpractice. in your case, he will not admit to the hospital offering a settlement and i'm sure if he's bought off the hospital will never offer to document that they offered a settlement so suing him for malpractice may not be worthwhile. i think your only option here is to try and get another attorney to take the case. 100,000 people a year die from medical malpractice and whats worse is that 5 times that many are malpractice by their attorney after they are victomized by the wrongdoer.

good luck and don't give up, and if you have to hire your own expert to review the case and give you an objective opinion. if the opinion is faverable to you then you won't have any trouble finding another attorney.

D v. G

The case is still filed, but the lawyer want's to dismiss it.... We are all totaly confused and flabergasted by this total turnaround. My Fiance is convinced that the hospital paid off the lawyer. I'm not 100% convinced, but it is all a little fishy to me. I wish I knew more of what's going on, but I'm not being told alot because she doesn't want me to worry...... BUT I AM!!!

"Don't ever judge me!"
IamTHEsporkman