Legal Question in Legal Malpractice in Missouri

It is unclear why you listed this under the heading "Legal Malpractice." You seem to describe a situation that may be medical malpractice. Is it your intention that it is malpractice for the attorneys you have contacted to have not agreed to represent you in a medical malpractice claim? If you listed this posting under legal malpractice by mistake, you probably meant to seek counsel regarding a medical malpractice case.

If the fall and later loss of primary physician and good name are the situations you seek to redress, there isn't enough information to go beyond speculation why no attorney has taken your case yet. It may be that they saw a fatal flaw in your claim, or they were unwilling to take the case on a purely contingent fee basis. The two can be related. based upon the facts you described, it may be hard to quantify damages. Without significant damages, their isn't a significant fee to be earned as a percentage. Your fall probably resulted in some pain, embarrassment and perhaps a contusion.. But, beyond that it would be difficult to differentiate between what was a result of the fall, and what was from the condition that had you in the hospital as afall risk being tested for epilepsy.

It is possible that your recollection of the events is ascue based upon the fall risk condition or some other malady that prevents you from seeing the events objectively. You mentioned a 40 page report. Any cognitive disorders, either diagnosed or suspected, are probably in the records of your former primary physician or your hospital stay. Make sure each attorney you approach has access to both of those. Have them or a layperson that you trust tell you if you are describing the events factually accurate.

It is also possible that the evidence of the negligence or maltreatment is insufficient.If there were caregivers in the room, when you fell, it should nbe described in your records. If it isn't described something like, asked patient to attempt to walk unassisted across the room, and she fell before we could catch her, it may not documented enough to convince a judge or jury. The mention of the misuse of medications may not be clearly delineated in the records of your last night stay in the hospital. It is nearly impossible to prove someon defamed you by not saying or writing bad things about you others.

It would surproise me that a primary physician would state that they are abandoning a paitenbt in the middle of a treatment regimen based soly upon a report of misuse of medications while in the hospital. They nmight do it, but it would astound me that they would state that. So, the records might show that the primary phycsician recommended that you see another primay physician or a specialist.. You said that you were in the hospital being tested for epilepsy. That indicates to me that you were suffering symptoms that had not aligned with a specific diagnosis. Even lawyers must sometimes admit defeat and tell clients to seek other counsel with a different background, training or experience.

Based upon the few facts you provided, I highly suspect that you were the victim or a negligence and possibly an intentional or reckless tortious act.If the facts are as you say. Unless the statute of limitations runs out, I think you can find an attorney. You may have to keep searching until you find one that will take it on a contingent fee basis or until you've saved enough money to pay one by the hire or other direct pay agreement.

Medical mal[practice has a very short statutory period in which suuit can be filed. Do not delay. If it has been two years since you were discharged from the hospital, it may be too late already. There are some discovery of neglect variable that can extend that period in rare cases. But, nothing that should cause one to delay hiring counsel. Even if you are unable to hire an attorney, you can probably still make a complaint through the hospital and the Board of Healing Arts.

As for the defamation, you did not describe any damages. You did not say that you were demoted or not offered the NW Region Supervisorship because of what any medcial provider said or wrote. You allege that your preimary physician dismissed you based upon a portion of the 40 page report. Even if that is correct, it may be tough to prove, as mentioned above. Some torts alleging damage to character or reputation have a shorter statute of limitations period than a medical malpractice claim. You did not indicate how long ago the events occurred. Some tort claims may already be out of time.

Be diligent I your search for compatible legal counsel. If time has not already barred your claims, you willn likely find an attorney. You just may have to pay them out of your pocket..

Good luck