Legal Question in Medical Malpractice in California
Med Malpractice Qs'
I am in a med mal suite now on contingency, I do not feel I am being representated properly. For example he has not contacted any witnesses for the past 8 mo, that I am aware of. Nor keeps me up on any progress. I belive it is a strong case, there are 2 doctors involved. I was informed by my lawyer by email papers were sent off to take the default of one of the doctors as they did not reply or get an extension. I have also had to ask a financial legal assistance for monentary help as I am in a crisis situation over this mess. I do not feel I am getting the best representation at this time for many reasons and would like to know my options?
2 Answers from Attorneys
Re: Med Malpractice Qs'
I would suggest you make an appointment to speak with your lawyer to update you on the case, and for you to express your concerns. Then you can make an informed decision about what to do next.
I try to discourage people from going to companies that offer financial legal assistance, because they take a huge chunk of any settlement or judgment, often much greater than their "investment" in the case.
It appears from what you said that that your lawyer has done something right, at least, by taking the default of a non-answering doctor.
The main problem appears to be communication, which is a 2-way street. So speaking with your attorney in a face-to-face conversation might ease those concerns.
Re: Med Malpractice Qs'
While you can always hire and/or fire an attorney, I agree with Mr. Cohen's advice.