Legal Question in Medical Malpractice in New York

Re: medical malpractice wrongful death case

I would talk to your lawyer and discuss why he/she is reluctant to try the case. Perhaps, your lawyer is negotiating with the insurance carrier? Perhaps the insurance carrier has not convinced the doctor to consent to settle the case? Perhaps, your expert has changed his/her mind about the strength of your case and your attorney is trying to secure another expert?I do not know. I can tell you that many plaintiff's lawyers take the case on and off the trial part several times. I would defer to your attorney. Medical Malpractice cases are extremely difficult and you should not petition the court for anything. Remember, your lawyer wants money as bad as you do, he/she is not getting paid.

Re: medical malpractice wrongful death case

I recommend that you arrange a meeting with your lawyer to honestly discuss the future of your case. There is also something called "standards and goals" which regulates and monitors the court calendars. If you can't get straight information from your lawyer, you might try going to the court where your case is pending and have a clerk advise you of the outside date by which the court system is scheduled to have your case resolved or tried. You will need the index number. Best, M. E. Zuller