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#1
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???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? |
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#2
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| 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. |
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#3
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??? AgainThank 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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