Legal Question in Medical Malpractice in Michigan

Hole burned in colon during laparascopic hysterectomy

My niece had laparascopic hysterectomy for cancerous tumor on ovary. Spark in lap equipment burned dime size hole in colon. After 3 days rushed to emergency surgery to close hole and perform temporary colostomy. Six months to get the infection under control and postpone chemo. After 2 years now in second round of chemo for Stage IV ovarian cancer. Suing doctor and hospital, but hospital was somehow removed from case. Attorneys presented a mediation settlement of $75,000 and callously said accept it because you have Stage IV cancer anyway. She doesn�t feel it is adequate. Told if the case goes to trial and she loses she has to pay the attorneys. If she changes attorneys now, is she liable to current attorneys for fees? What is your advice?


Asked on 3/07/08, 2:04 pm

1 Answer from Attorneys

Re: Hole burned in colon during laparascopic hysterectomy

If a new lawyer accepts her case now, the new lawyer and the old lawyer would divide up the 1/3 contingency fee amongst themselves. In other words, it should not cost her any extra money to switch lawyers.

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Answered on 3/07/08, 2:18 pm


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