Legal Question in Medical Malpractice in California
is it legal
i filed a malpractice claim in 2001,my case keeps getting bumped,the jude finally set a court date and my lawyer changed it to 1-2005. is this the way they go or is there something else i can do. im so mad and frustated now it hard to describe
3 Answers from Attorneys
Re: is it legal
There are many reasons why a case can get delayed. In a calm and nonconfrontational manner
tell your lawyer about your frustration and see if you can use the additional time to prepare an even better case.
Re: is it legal
Generally speaking the judges are required to get cases to trial today in about a year. But, there are may reasons that a case can become substantially delayed. There is no way to evaluate your situation from the information provided. You should explain to your attorney that you are frustrated and ask him to explain step by step why the case is taking so long. If his explanation doesn't satisfy you, ask him if he'd mind if you consulted with another attorney to help you understand better. He should not mind. If he gives the okay, ask another lawyer to give a quick call to your lawyer to discuss the issue directly. Give your attorney permission to discuss any and all issues about the case with that attorney. The other attorney will either be able to reassure you or perhaps tell you why you should perhaps consider moving the case.
Re: is it legal
I was unable to respond to your e-mail as it was returned user unknown. Accordingly I am posting a further reply.
Ask your attorney about mediation and arbitration. Either might help get your case concluded sooner. Some courts now have a mediation panel that does not cost as much as a private mediation and can be effective in getting cases resolved.