Legal Question in Legal Malpractice in Louisiana
negligence handling medical malpractice case
attorney accepted medical (negligence ) malpractice case 1-2000 and filed proper papers to State of La. regarding medical review panel. Sent us interragatory's in 2001 (March) opposing counsel had requested these to be answered in 2000. We received them March 2001 and completed them and returned to attorney within 10 days. After many many request,they finally sent the answered interrogatory's in October 2001. We received a total of four letters in four years and not one phone call and not one letter in regard to the status of our case. We would call at least three or four times per year to inquire about status. Always told the opposing counsel had requested an extension. This went on for four years. Finally when a FINAL deadline was set for submission of evidence 3-12-04, we received a withdrawal letter on 3-10-04. Stating ridiculous reasons,firm did not wish to handle this type case, copy work expensive, etc, etc. We rec'd our file and submitted our own evidence. Not only were we neglected for four years, the opposing counsel, attorney chairman was neglected by not responding to reuest. Over 100 letters where opposing counsel was begging for explanation regarding delay.
1 Answer from Attorneys
Re: negligence handling medical malpractice case
First thing you need to do, if the review panel has met and rendered its decision, is to file a lawsuit in district court to perserve your rights. No matter the status of the review panel, you need to find another attorney right away......you may not have a case, but if you let too much time elapse, you may lose any chance to find out. The malpractice claim against your first counsel can wait a bit until you determine the status of your pending action.