LEGAL TIME SOON TO EXPIRE. Medical Malpractice.

[B-Baker]

My knee was permanently damaged due to misdiagnosis and delayed appropriate treatment. The legal firm handling my case for 1 1/2 years just dropped my case because it may not be profitable enough for their busy schedule, and they are concerned about jury outcome. As of this date, an orthopedic medical expert sees definite malpractice after examining me. The chairman of the hospital's orthopedic deptartment gave his deposition to my attorney. This chairman last year was forced to resign his position at the hospital for a number of unehtical reasons. An MRI taken at the hospital, and a 2nd MRI taken about a year later at another hospital where an arthroscopy was performed shows extensive knee deterioration due to the rough edge of a rolled over meniscus tear wearing the cartilage down to the bone, which could have been avoided if the first hospital performed a timely arthroscopy rather than denying its need. Because I was unemployed at the time of the injury, loss of income can't be claimed. Due to this malpractice, my lifestyle has been cancelled where I can no longer perform in the kind of sports and social activities which meant so much to me. I see a recent case where the plaintiff's age or income was not considered when the jury determined the malpractice award. I cite this because my attorney had mentioned in the past his concern about juries calculating loss of income into an award. This is a very brief outline, where questions you may have will add enlightenment to my predicament. I've asked the attorney to reconsider his decison about dropping my case, but this seems doubtful. Perhaps there is some convincing legal information I can give him, or is there some other promising solution you can suggest?

I recently received in the mail the case-dropping paper giving a date of about a week from now where the attorney is to apear in court of present his case-dropping petition. Why can't the attorney simply send a written case-dropping statement to the court? Or, does the judge decide whether or not he can drop my case?? If so, then I'll appear at that hearing, but I don't know what to say. This document also shows a date of several months from now when my case is scheduled to go to trial.

There are thus 4 subjects to this posting:
1. Medical malpractice problem.
2. The law firm deciding to drop the case.
3. When the law firm petitions the case- dropping before the judge, how can I stop this?
4. Obviously I may need another attorney, but several I've phoned won't take cases where a previous attorney has already done some of the work because they want to do it in their own way, even though they will now need to put out less momey because of the work already previously performed.

Thank you.
B-Baker [email protected]

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[This message has been edited by B-Baker (edited July 11, 2000).]

 

[prairielaw3]

In at least some states a court must approve an attorney's request to withdraw as counsel; so if that what occurring in your state, then you could go to the hearing and object. However, as a practical matter it might not be in your interests to force an attorney to represent you who no longer believes in the case. As far as the value of your case is concerned, I have done malpractice for many years and I have never heard of any case that says an award is entitled simply because of malpractice; the fact is that as part of any case, a victim must still also prove damages caused by the negligence and the damages are based on the evidence submitted at time of trial. The value of any case is then ultimately what a jury will award based on the evidence. The unfortunate reality is that many malpractice cases (even where provable malpractice) are simple not practical to pursue. It not uncommon for malpractice cases to cost in out of pocket expenses for experts, discovery and trial the sum of 20,000 to 50,000 or even more. I personally have been involved in cases where the costs where hundreds of thousands of dollars. An attorney then does a client a real disservice to continue to pursue a case if even if win, the recovery is less than the costs. The client wins the battle but loses the war. I not sure if this the issue that occurring with you, but it certainly a possibility; talk to your lawyer about these issues and have him/her put their thoughts in writing, and then get a second opinion. From there, you may have more info on which to base your next steps.
George Senteney


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George H. Senteney
http://www.prairielaw.com

 

[B-Baker]

Dear Mr. Senteney,

Thank you for the courtesy of your reply.

Per your comment on my comment about the recent trial case where jury award was based solely on the medical malpractice, as opposed to age or income. Thank you, and please see where I clarified it.

Jurisdiction is Illinois.

Today I faxed the attorney asking for a written comment abut his reasons for dropping my case so I could get a second opinion as you suggested.

Yes, I understand that my getting the judge to now allow my attorney to drop the case in his court appearance in a little over a week from now, may antagonize the attorney. But a half filled bucket of water is better than no water. Also, he had originally told me if he lost the case, his firm would write off their expenses as a loss tather than my havng to pay for them. This may be incentive for them to be as diligent as posible with how they handle the case.

At this hearing for my case being dismissed, I would like to have the judge advise my atorney to write me the kind of letter you mentioned. Furthermore, because after being with this firm over 1 1/2 year, and now with trial set for just several months away, and with his sudden dropping of my case, if possible I would like to convice the judge to make mandatory that my attorney either continue with my case, or he find a replacement attorney to accept it under the same terms.

I need your good advice and that of your fellow colleagues as to how I go about accomplishing the 2 items in above paragraph (the letter, and continuance of case or finding replacement lawer who will accept my case with same terms of current attorney).
Also, a deadline that my attorney must comply, and instituted penalties for failure to fully comply. AND any other suggestions which may help me.

I trust I don't come across in above paragraph as cruel, unfair, too demanding etc. I sit here with much knee pain discomfort, which could have been avoided, and my active lifestyle not cancelled, if that hospital's orthopedic department chairman was more competant and attentive to his job and to his patients. My knee deterioration is rapidly increasing, and the recent orthopedic surgeon who examined me, finding malparactice, and will testify to this, says an arthroplasty will eventually be needed, but he advises patients to wait till the pain is no longer completely endurable before risking the chance of any surgery complicaiton with an arthroplasty.

What happens in less than two weeks in this case dismissal petition may cancel my chances for any recovery.

I phoned several attorneys, and after explaining my situation and being dropped, they all said they don't wish to accept any case where work was already performed by another attorney because they want to do it themself in their own way.

In addition to the help of your source, perhaps you can suggest other similar sources and websites which have additonal comments??

Thanks much.

B-Baker
[email protected]

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[B-Baker]

Dear Mr. Senteney,

Thank you for the courtesy of your reply.

Per your comment on my comment about the recent trial case where jury award was based solely on the medical malpractice, as opposed to age or income. Thank you, and please see where I clarified it.

Jurisdiction is Illinois.

Today I faxed the attorney asking for a written comment abut his reasons for dropping my case so I could get a second opinion as you suggested.

Yes, I understand that my getting the judge to now allow my attorney to drop the case in his court appearance in a little over a week from now, may antagonize the attorney. But a half filled bucket of water is better than no water. Also, he had originally told me if he lost the case, his firm would write off their expenses as a loss tather than my havng to pay for them. This may be incentive for them to be as diligent as posible with how they handle the case.

At this hearing for my case being dismissed, I would like to have the judge advise my atorney to write me the kind of letter you mentioned. Furthermore, because after being with this firm over 1 1/2 year, and now with trial set for just several months away, and with his sudden dropping of my case, if possible I would like to convice the judge to make mandatory that my attorney either continue with my case, or he find a replacement attorney to accept it under the same terms.

I need your good advice and that of your fellow colleagues as to how I go about accomplishing the 2 items in above paragraph (the letter, and continuance of case or finding replacement lawer who will accept my case with same terms of current attorney).
Also, a deadline that my attorney must comply, and instituted penalties for failure to fully comply. AND any other suggestions which may help me.

I trust I don't come across in above paragraph as cruel, unfair, too demanding etc. I sit here with much knee pain discomfort, which could have been avoided, and my active lifestyle not cancelled, if that hospital's orthopedic department chairman was more competant and attentive to his job and to his patients. My knee deterioration is rapidly increasing, and the recent orthopedic surgeon who examined me, finding malparactice, and will testify to this, says an arthroplasty will eventually be needed, but he advises patients to wait till the pain is no longer completely endurable before risking the chance of any surgery complicaiton with an arthroplasty.

What happens in less than two weeks in this case dismissal petition may cancel my chances for any recovery.

I phoned several attorneys, and after explaining my situation and being dropped, they all said they don't wish to accept any case where work was already performed by another attorney because they want to do it themself in their own way.

In addition to the help of your source, perhaps you can suggest other similar sources and websites which have additonal comments??

Thanks much.

B-Baker
[email protected]

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[B-Baker]

Dear Mr. Senteney,

Thank you for the courtesy of your reply.

Per your comment on my comment about the recent trial case where jury award was based solely on the medical malpractice, as opposed to age or income. Thank you, and please see where I clarified it.

Jurisdiction is Illinois.

Today I faxed the attorney asking for a written comment abut his reasons for dropping my case so I could get a second opinion as you suggested.

Yes, I understand that my getting the judge to now allow my attorney to drop the case in his court appearance in a little over a week from now, may antagonize the attorney. But a half filled bucket of water is better than no water. Also, he had originally told me if he lost the case, his firm would write off their expenses as a loss tather than my havng to pay for them. This may be incentive for them to be as diligent as posible with how they handle the case.

At this hearing for my case being dismissed, I would like to have the judge advise my atorney to write me the kind of letter you mentioned. Furthermore, because after being with this firm over 1 1/2 year, and now with trial set for just several months away, and with his sudden dropping of my case, if possible I would like to convice the judge to make mandatory that my attorney either continue with my case, or he find a replacement attorney to accept it under the same terms.

I need your good advice and that of your fellow colleagues as to how I go about accomplishing the 2 items in above paragraph (the letter, and continuance of case or finding replacement lawer who will accept my case with same terms of current attorney).
Also, a deadline that my attorney must comply, and instituted penalties for failure to fully comply. AND any other suggestions which may help me.

I trust I don't come across in above paragraph as cruel, unfair, too demanding etc. I sit here with much knee pain discomfort, which could have been avoided, and my active lifestyle not cancelled, if that hospital's orthopedic department chairman was more competant and attentive to his job and to his patients. My knee deterioration is rapidly increasing, and the recent orthopedic surgeon who examined me, finding malparactice, and will testify to this, says an arthroplasty will eventually be needed, but he advises patients to wait till the pain is no longer completely endurable before risking the chance of any surgery complicaiton with an arthroplasty.

What happens in less than two weeks in this case dismissal petition may cancel my chances for any recovery.

I phoned several attorneys, and after explaining my situation and being dropped, they all said they don't wish to accept any case where work was already performed by another attorney because they want to do it themself in their own way.

In addition to the help of your source, perhaps you can suggest other similar sources and websites which have additonal comments??

Thanks much.

B-Baker
[email protected]

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[prairielaw3]

There is no special magic hopefully other than magic to get a judge to enter orders as you have discussed; typically these in the judge's discretion so I no magic formula for you other than to urge you to explain all gone through and what other attorneys have told you; in the meantime, continue to try to find another attorney. I would suggest you
try the find a lawyer section of prairielaw.com; also try the find a lawyer page of the American Trial Lawyers Assoc (ATLA) web site at http://www.atlanet.org
This organization is the premier national plaintiff's trial lawyer organization. Although membership is no guarantee as to the lawyer, on the other hand, in all my years, I have never met an excellent plaintiff's trial lawyer who was not a member and who not had been active in either their state or national organization. Thirdly, also check for a lawyer who has been certified by The National Board of Trial Advocacy. Their web site is at http://www.nbtanet.org/ . Although both plaintiffs and defense lawyers can be members, each member has been nationally certified as a civil trial specialist by passing tests and by having tried a specified number of successful civil trials.
George Senteney


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George H. Senteney
http://www.prairielaw.com