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  #1  
Old 10-16-2006, 08:07 PM
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Join Date: Oct 2006
Posts: 2

???


What is the name of your state? OH
What are some examples of damages to be considered in a legal malpractice suit other than lawyer fees?
  #2  
Old 10-16-2006, 08:21 PM
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Join Date: Nov 2005
Location: Alabama
Posts: 2,106
In order to prevail on a malpractice case, you must show that you would have gotten a sum certain had the attorney done what he/she was supposed to do. That amount is your damages. If you can prove the attorney acted willfully then you may be able to get punitives.
  #3  
Old 10-16-2006, 11:29 PM
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Join Date: Oct 2006
Posts: 2

??? Again


Thank you for your resopnse!
In short:
Sued anesthesiologist & hospital for intubation blunder & damaged vocal cords w/unsuccessful nasal attempted intubation due to right deviated septum...., unsuccessful left nasal intubation attempt & finally vocal cord damage.... Sent prior to hospital dismissal to speech therapist...had 2 voices at that time...underwent 1 year + voice therapy etc... Off work for over a year, living off savings, Ins. pmnts. too high, blah, blah, was forced to retire.
Sought:
2 lawyer firm
Lawyer 1 ,
Sent me to a voice specialist for analysis. Unknown outcome to me.
Deposed w/ Lawyer & hospital reps. & recrder.
Later told by L1 that to save me from paying more money for any more expert opinions, case will be close with option to revisit within a year.
L1 sends bill. Never heard from again.
I called to come in, pick up records & pay bill. L2 tells me over phone L1 is no longer there.
& that he is working for the hospital...same that I was deposed in front of.
L2 re files & never initiates a call or sends any written info.
My last conversation w/L2 was that he was working on finding expert & would call back in about two weeks. I have never seen L2 and have had only phone conversations at my initiation.
Later I find case had been closed 2 months prior to our conversation. He had a chance to respond...30 days, & had done nothing...not even told me...!!!!
I have heard nothing from him to date. ....[months later]
...Was case winnable??? Without info. I can only, at this point, assume not.
...I have had many subsequent surgeries & informed L2. Surgeon was never contacted when I inquired in follow up visit.
...Is that willful neglect on their part?
...Was expert ever sought by L2?.....I don't know
...Did L1 not pursue/ not wanting a conflict of interest & already hired by hospital? I don't know
...Was I sold out by L1???...hummmmw
...Did L2 do anything but file? ...Again, I don't know
...Was I denied the ability to seek vigorous representation?
...Wasn't I entitled to be vigorously represented? ..or told SOMETHING?
...Was/is justice purchasable?....more $$$ more experts?
...Am I simply collateral damage? ...and if so, what's that supposed to be worth to me?
...Justice???
...Damages?

Last edited by Ricke; 10-17-2006 at 10:49 AM.
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