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An ongoing negligence lawsuit that my current lawyers are pulling my strings on.

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O

Otdria

Guest
i have been suffering lately from an operation that i had a year and a half ago in atlanta, ga. i got a lawyer that said that they wanted to represent me in this case of malpractice and negligence for trauma and mental anguish that have been going through. i have had to take several blood test and see counselors which i do not mind, they told me that this case would be done within a year, the disaster that happended was that the surgical doctor and surgical team in the operating room used unsterile instruments on me. i had a hysterectomy. when i came out of recovery i was already being pumped with hiv antibodies without my permission. anyway the lawyers who are suppose to be representing me, never contact me, they never communicate with me on anything that is going on with the case, i have to call them everyday, and i always get a secretary or a receptionist and they never give me details of where my lawyers are or when they will be there. this has been going on for since i took them on as my lawyers. which has been since 8/99. i am fed up and would like to file a suit against them for mental anguish and frustration. i feel it is far to late to get another lawyer at ths time, they have not communicated with me, and one of the lawyers in the beginning of our first meeting told me that they get paid on a constingency basis at 30% if case settles and 40% if it goes to trial. the last time i spoke to this particular lawyer he swore that he never said that. he said he told me that it was going to be 40% straight out. i would like to file a suit against them. do i have a case?
 


JETX

Senior Member
I doubt that you have a case against your lawyers, unless you can show that they have been negligent in handling your case. Though it sounds like they need to learn 'customer service', your post does not reveal any blatant negligence.
And when you say, "I have to call them everyday", it shows that some of the problems might be of your own doing.

Medical malpractice cases are very long and tedious affairs. There are numerous and extensive depositions needed and expert witnesses need to be lined up in anticipation of trial. Your message says that the operation was 1 1/2 years ago, but doesn't say when you retained the services of the attorneys. And even if you got them right away, 1 1/2 years does not sound unreasonable considering the amount of work that is needed.

I would ask the following:
1) Have you been receiving copies of any legal documents, either from your own attornies or the opposing? If you have, then you at least know that it is in S-L-O-W process.
2) Have you received a copy of the lawsuit? Again, if so, you at least know that it is in the system.

I would suggest that you contact the attorney about once a month and just ask for an update of the status. If he isn't in when you call, leave a message asking for a return call and the update.

Finally, as for the descrepancy in the fees; what does the attorney-client agreement that you signed say???
 

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