Legal Question in Legal Ethics in New York

Attorney Liability

I had a malpractice case against a hospital that prescribed me a estrogen patch that was called ''CombiPatch'' but had to be used with Provera and because my Attorneys firm used a ''NEWBIE'' in the firm, he made a decision to drop he suit. Saying that the name alone denotes that the patch had both Estrogen/Progesterone. Despite the fact that I had been given the patch for 6 months (prodiminantly in the hospital, under close supervision of 8 doctors-including 3 gynecologist including the Chief of Gynecology and was bleeding every day of the malpractice and had a blood transfusion because of it) and when she found out that I had never been prescribed the Provera, she immediately completed a incident report and told me I needed a Biopsy immediately because cancer cells were found in laboratory rats after 30 days.

The doctor would testify in my defense! The same firm was handling my husbands Workers Comp Case and 2-3 years into the suit, we found out they were suing the wrong people. They had to settle with him themselves??????????

Please tell me we can sue these folks?


Asked on 5/09/03, 11:04 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Attorney Liability

From what little you said, it sounds like you may very well have a legal malpractice action available to you.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 5/16/03, 2:55 am


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