What is the name of your state? Oregon
I have a medical malpractice case against a doctor that I and other doctors think I will win. The problem is that in the year that I've had my attorney, practically nothing has been done. He forgot he was getting married during the trial date of my case and had to drop my case and refile. He said he first got written permission from the opposing attorney to extend the statute of limitations on my case since it's running out soon. I've asked my attorney for a copy of the signed agreement with the other attorney saying it was okay to extend the statute of limitations, but he won't respond to my request. The other side wrongfully obtained private medical records about me from another doctor by sending a notice of subpoena to the wrong address for my attorney, so my attorney didn't know about until I found out about it by a fluke accident, but by then the other side had everything they wanted. My attorney emailed the opposing attorney and asked him to return the wrongfully gotten records. So far they have not been returned. These are records my attorney would have objected to the other side receiving since they go back many years before anything having to do with this case. I also want my attorney to make the other side sign some kind of non-disclosure agreement, or whatever it is called that will make them keep quiet about the information they obtained wrongly. He says the email he sent is enough. I do not agree, and am very concerned about the records that were wrongfully released and who knows who has seen them during these past several months. In all this time, I have provided the other side with everything they've asked for, but all my attorney has been able to get from the doctor is copies of my medical records that the doctor had already given me copies of before I filed suit against her. My attorney has mentioned depositions coming up, but I do not want to be deposed when so far things have been completely one sided - me giving all the information I have, and my attorney not obtaining anything from the other side. I wouldn't put it past it for me to be deposed, then for some reason the offending doctor manages to avoid being deposed herself, and my attorney does nothing about it. I have asked my attorney several times if he now has to send the opposing side another request for production, subpoena records, etc., since he filed a new case, and he won't answer that either.
He took this case on a contingency fee basis, but what should I do - wait until he completely blows it and then find a different attorney to sue the one I have now and hopefully recover the money I may loose by him not handling the case well and leave my personal records floating around?
Are any of these things grounds for suing him? Thank you very much.
I have a medical malpractice case against a doctor that I and other doctors think I will win. The problem is that in the year that I've had my attorney, practically nothing has been done. He forgot he was getting married during the trial date of my case and had to drop my case and refile. He said he first got written permission from the opposing attorney to extend the statute of limitations on my case since it's running out soon. I've asked my attorney for a copy of the signed agreement with the other attorney saying it was okay to extend the statute of limitations, but he won't respond to my request. The other side wrongfully obtained private medical records about me from another doctor by sending a notice of subpoena to the wrong address for my attorney, so my attorney didn't know about until I found out about it by a fluke accident, but by then the other side had everything they wanted. My attorney emailed the opposing attorney and asked him to return the wrongfully gotten records. So far they have not been returned. These are records my attorney would have objected to the other side receiving since they go back many years before anything having to do with this case. I also want my attorney to make the other side sign some kind of non-disclosure agreement, or whatever it is called that will make them keep quiet about the information they obtained wrongly. He says the email he sent is enough. I do not agree, and am very concerned about the records that were wrongfully released and who knows who has seen them during these past several months. In all this time, I have provided the other side with everything they've asked for, but all my attorney has been able to get from the doctor is copies of my medical records that the doctor had already given me copies of before I filed suit against her. My attorney has mentioned depositions coming up, but I do not want to be deposed when so far things have been completely one sided - me giving all the information I have, and my attorney not obtaining anything from the other side. I wouldn't put it past it for me to be deposed, then for some reason the offending doctor manages to avoid being deposed herself, and my attorney does nothing about it. I have asked my attorney several times if he now has to send the opposing side another request for production, subpoena records, etc., since he filed a new case, and he won't answer that either.
He took this case on a contingency fee basis, but what should I do - wait until he completely blows it and then find a different attorney to sue the one I have now and hopefully recover the money I may loose by him not handling the case well and leave my personal records floating around?
Are any of these things grounds for suing him? Thank you very much.