Legal Question in Medical Malpractice in Illinois
conflict of interest block true rep of case legal malprac?
I hired a well known attorney to rep me in a medical malpractice case day one my initial atto assigned to my case quit then I was told a expert said I did not have a case however my att tried to give my case to another attorney and I decided to get my own rep then I found out my atto and my doctor had a MD patient relationship and the doctor knows the MD Im suing but they are pretending they dont know the doctor however my legal case states the doctor is a md at the same ins where my new doctors practice I feel decived and lied to.I agreed to drop the case and I was told I had one year to pursue the case again with a new attorney. is this true what should I do if I have been wrongfully represented?
1 Answer from Attorneys
Re: conflict of interest block true rep of case legal malprac?
I do not know when the original statute of limitations expired but generally if a case is voluntarily dismissed with "leave to refile" you have one year to refile the case.
However, the law is in flux regarding medical malpractice cases because doctors get special privileges in Illinois. In order to maintain a medical malpractice case you need to have an affidavit from another doctor that you have a meritorious case.
It appears that you did not have such an affidavit the first time you filed the case so you may need such an affidavit prior to filing the case the second time.
Good Luck,
Matt Belcher
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
