Legal Question in Legal Malpractice in California

I had pneumonia a couple of years ago. I was given a drug -Levaquin. Shortly after i recovered from pneu.; I noticed pain in my left shoulder and a few weeks later...my right shoulder. Both were getting progressively worse and I mentioned it to my doctor a number of times before having x-rays and mri...and a shoulder specialist look at them. He said it was an impingement. It wasn't until some time later...weeks months I was watching tv and saw an ad from law firm how levaquin has been known to be cause of that problem. I contacted law firm....signed papers etc. Now after 1.5 yrs they have sent 1 request for records from drs and thats it. And now for the 1st time the asst tells me they will be reviewing the cases to see which ones they will take to sue.

I was pissed.. Said this is the 1st i am hearing that I am not nec represented by them in a lawsuit. All they said and implied and wrote to me was abt how they are going to take care of my case. I told the asst they were screwing me up w/bs and I thought that the statute was running out soon. What can I do if anything to find out what i have to do agst the original defendant (drug maker,drs,whoever) and or my original attorneys.


Asked on 12/09/10, 2:33 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Write the law firm a certified letter return receipt requested and ask them for the case number of the lawsuit they filed on your behalf within the statute of limitations. If you don't like the answer you get, consult a lawyer without delay. Watch out for legal time limits.

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Answered on 12/14/10, 2:37 pm
Herb Fox Law Office of Herb Fox

You can check online with the county superior court where the doctor resides or the hospital/clinic is located to see if a lawsuit in your name has been filed.

I would also immediately consult with another medical malpractice attorney to inquire about taking over your case. You have the absolute right to fire your attorney and hire a new one.

' Finally, if your current attorney has screwed up, you will have one year to sue him, measured from the time that he no longer represents you. From what you have stated, that one year clock has not yet begun to run.

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Answered on 12/14/10, 9:48 pm


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