Legal Question in Medical Malpractice in New York

There are many companies that specialize in providing attorneys with services for expert evaluation and testimony; for instance, TASA. You may want to independently contact them; indicate your dilemma and find out if they can assist you. You may also do an independent search on the internet for doctors in the area of specialization applicable, who advertise for expert testimony; tell them your dilemma and they may know of an attorney who would be interested in handling your case upon the physician's review of your medical records. You have a better chance of having an attorney take your case if you have a written report in hand.

Feel free to contact me. What I do in a situation like this is track down the expert(s) used in the prior cases against the same doctor. I find that if they were willing to support a malpractice clain against the doctor before, they are likely willing to do it again assuming they find malpractice occurred.

There are many possibilities...

Perhaps, the doctors work was subpar but did not constitute malpractice. Malpractice is a pretty high standard and has to be a clear deviation from the standard of care. Bad results happen all the time without malpractice. Perhaps, the doctors that your attorneys utilized for opinion were from the same insurance company and could not testify. Perhaps, you need a doctor from a different state to testify. Perhaps, your attorneys believed that you may have a case but not one that they wanted to struggle with for 3-5 years and spend a great deal of money on and one that was defensible and would not easily settle absent a trial. I don't know.

When you are asking an attorney to finance a case, that attorney has to make a difficult business decision. But that does not mean that another attorney would reach the same conclusion.

I would definitely seek a second opinion from another attorney if you have sustained serious disfiguring and life altering injuries as a result of malpractice. If you were injured in New York or you are a resident of New York, please contact my office and let's discuss this case. If I can't help you I can certainly point you in the right direction.

Look at my website www.kesslerlawyer.com and contact my office.