My cousin, Kevin, has a medical malpractice lawsuit filed. His problem is that he is trying to find a lawyer.?
He tried two *contingency fee lawyers and all that the first one did was order his medical records, but that lawyer made him wait for 8 months before the lawyer said that he was going to have a doctor evaluate them. Afterward, that lawyer simply told him that he couldn't find a doctor to evaluate the records. The second lawyer filed the lawsuit for him, but that lawyer also said that he planned to have a doctor look at Kevin's medical records. That lawyer never did and later withdrew as his lawyer. Its a shame that Kevin had to get two lawyers that weren't serious about wanting to help him. They both cited his especially young age of 23 as being the reason that they chose to not really help him very much. Is there any advice that you can give Kevin, short or paying for an out of pocket fee lawyer? Kevin is now paralyzed from the rib cage downward and he had a stroke. *-Both of the lawyers that he tried to work with would have only made a profit if the case were won. We submitted a petition to the court over a month ago for the court to appoint a pro bono attorney. The petition was denied, even though the Court Administrator was the one who suggested that I submit it. The local Bar Association and every service that offers local legal aid charges $100 per hour or more. I'm sorry, but I really dislike to see my brother being confined to home hospital bed, while he's still in his 20's and without a competent publicly funded lawyer able to help him. Whenever someone murders another person, they are allowed to have the court appoint them with a lawyer if they can not afford one. What kind of justice system turns its back on medical negligence victims, while even murderers get a fair chance to have a publicly funded lawyer convince a jury that they should be found innocent? What kind of backwards world do we live in here? We're going to probably be forced to submit a form formally withdrawing the lawsuit, for lack of a lawyer.
Public Comments
- .. Tell Kevin I said good luck. The Shark vs. The Quack -
- Your cousin's age should never be a factor in something as serious as this. It depends on who the lawsuit is against, that the lawyers are not wanting to touch it. I don't know if you live in a small town or a large city if you live in a large city the choices should be greater. If you live in a small to moderate town look in the phone book for lawyers that list malpractice as one of their specialties. I went 60 miles to find mine in the same state. I wish you luck but talk to them first you can usually tell by the way a firm talks if they have the guts to take them on or not. I will be praying for you
- There could be a number of reasons he is having a problem getting a lawsuit moving forward. One many physicians are being discouraged by their colleagues and medical facilities from reviewing and testifying in malpractice. This makes it difficult to find the appropriate experts depending on the case. The second is that cases must have merit and causation. Not all bad medical outcomes are malpractice and if the link between neligience and damages cannot be made then there is little chance that a suit would win. You're right about an attorney taking a case on contigency only making a profit if he wins, which is why they only take cases that have good promise of winning or settling in favor of the plaintiff. That's how they make their money - same as a person going to work every day and putting in their time knowing that at the end they will get a paycheck. My only recommendation is to try another attorney - and hopefully they will find a competent physician to review the records and then tell you whether the case has merit or not.
- Try the sites below. Hope they help out.
- Unfortuntely, most medical malpratice lawyers are contingency lawyers. The only way they get paid is to win the case. If they lose, then they make no money, and have to eat all the expenses of doctor bills, medical records, travel, and most importantly time. This can be pretty expensive. It sounds like these attorneys your cousin hired were just "fishing" to see if they could get a quick settlement out of the insurance company. When that didn't happen, they bailed. A good medical malpractice attorney will be able to determine whether this type of case is even worth them taking. Jonathan Smith in Maryland is a great attorney. I would do a lawyer search to look for him at http://www.targetlaw.com
- Age doesn't matter. You should do a search on targetlaw for a medical malpractice lawyer. I would gather 3-4 names and start calling. Be sure to tell each attorney his case and find out if he or she is willing to fight for your cousin. Interview all the attorneys and make a decision based upon their experience, their willingness to work with your cousin and comfort level. Good luck to your cousin.
- i get your point you should try some links loacated here http://www.subscriberpoint.com/search/index.htm?q=mesothelioma+lawyers&sa=Search&client=pub-4633310462021467&forid=1&channel=9170675625&ie=ISO-8859-1&oe=ISO-8859-1&cof=GALT%3A%23008000%3BGL%3A1%3BDIV%3A%23FFFFFF%3BVLC%3A663399%3BAH%3Acenter%3BBGC%3AFFFFFF%3BLBGC%3A336699%3BALC%3A0000FF%3BLC%3A0000FF%3BT%3A000000%3BGFNT%3A0000FF%3BGIMP%3A0000FF%3BFORID%3A11&hl=en Hope that helps Regards
- Yes, first I would call the local bar association an inform them. they probably will do an investigation on the lawyers and recommend a good and dependable lawyer. I will probably ask if their were any up front fees of any kind so on and so forth. the point being these lawyers also represent this particular Bar Association I don't think they will appreciate what they've done. In the mean time if you truly feel you have a case go to your local legal Aid or News paper and have them investigate. good luck
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