Legal Question in Civil Litigation in Massachusetts

before a decsion is rendered

My case ended yesterday and I await the judges decision. My attorney was grossley incompatent and failed to ask appropriate questions to prove my case that was documented in a medical record. Part of the medical record, which the opposition provided, (the necropsy) that proved our case was omitted after a motion by opposing council. There is no doubt that we lost, not on evidence, but on my attorneys inability to point it out to the court. Where a decision has not been rendered yet, is there anything I would be able to do with a compatent attorney? My attorney failed to point out life saving medications that were ordered, but then not given, I was charged for medications given that I provided, but they were not given, that was part of our consumer protection claim, but my lawyer didn't present it. Their expert lied during testimony and my attorney didn't question her about it with the record sitting right there. The suit against me for breach of contract $2800. I paid almost $10,000 until Jack died, but the necropsy showed he died of infection that was not treated, (the meds not given) I countersued them for breach of contract, vet malpractice, negligent infliction of emotional distress and 93A claim. Is there anything I can do?


Asked on 4/08/09, 9:33 am

1 Answer from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: before a decsion is rendered

If you believe that the attorney committed malpractice, then you need to have the case reviewed by an attorney familiar with the areas of practice that are the basis of your action.

As to an attorney stepping in at this stage and taking over case, I do not know anyone who would be willing to do this.

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Answered on 4/08/09, 8:49 pm


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