Legal Question in Medical Malpractice in Virginia

non suited

Our case (medical malpractice) was filed by an attorney 1 yr ago. Papers have not been served on the defendants. Mar 6 is last date to serve. He is out of office and paralegal said it would be non suited (she is out also). Yet I was told 2 wks ago they would be served this week. Is there anything we can do to protect the case from dying if out attorney is just not acting on this?


Asked on 3/02/09, 11:54 am

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

Re: non suited

your attorney should answer your questions honestly and frankly. Before a medical malpractice lawsuit can be served your attorney needs to have a "certificate of merit" signed by a doctor stating that there was malpractice. Ask your attorney if he as one.

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Answered on 3/02/09, 2:23 pm


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