Legal Question in Medical Malpractice in California

Medical Malpractice Mishap

I was seeking to pursue a medical malpractice case in CA but first paid an attorney to compose a letter to the doctor requesting a refund for the procedure that was botched so I could seek further medical help. I hoped this would be enough but The doctor did not comply. The attorney did not want the case but I was told by this attorney that I had 2 years in the state of CA to file a sute so I waited. But it is really only a year and so now have lost my opportunity. Can I still take this to small claims and what liablity is on this attorney if any for giving me the wrong information?


Asked on 7/15/04, 2:19 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Medical Malpractice Mishap

When did he tell you two years, and did he tell you this in writing?

JOEL SELIK

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This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 7/15/04, 6:46 pm
Terry A. Nelson Nelson & Lawless

Re: Medical Malpractice Mishap

Your only remedy is a malpractice suit against the attorney. Theoretically you could file in small claims, but you are not likely to succeed there, where cases are normally 5 minute matters over auto repairs and such. If your damage in the underlying case against the doctors is substantial and provable, that is the measure of damage in the attorney malpractice case. Contact me if interested in discussing your facts and options.

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Answered on 7/16/04, 12:35 pm


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