Legal Question in Medical Malpractice in Pennsylvania

I thought I had a lawyer for a med mal contingency case. I did not hear from the lawyer for 10 months and at that time the lawyer said that based on the recommendation of the firms medical consultant, a surgical consultant was reviewing my medical records. I didn't hear anything else for 7 months & then I got a phone call the day before Halloween with the lawyer telling me that the surgical consultant said that we have a very good case & to come to his office in 3 weeks for the formal signing of the case. Yesterday I went for what I thought was the formal signing and he said this has never happened before but the surgical consultant made a mistake and there is no case that the surgical consultant was thinking of someone elses medical records not mine. Meanwhile the e-mail from the surgical consultant was dated Nov 9th. I said, why didn't you tell me this 3 weeks ago instead of letting me believe that everything was OK. Does this make any sense? Should I get my medical records and get a second opinion?


Asked on 11/25/09, 3:16 pm

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Since you relate no facts concerning the basis for the claim I cannot comment on it's merit. The decision to acquire a second opinion should be based upon your confidence in the opinion provided initially and the basis for the rejection. Since you apparently have not been given the specific reasons for how the non-negligently caused injuries occurred you certainly are justified in attempting to obtain that information. There was an inexcusable failure to communicate which is what led you to ask this question. Consult a lawyer with experience in malpractice cases and provide all the facts, including any info contained in the experts email. Good luck.

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Answered on 11/30/09, 5:58 pm


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