Posted on 05/23/2023 7:40:59 AM PDT by knarf
Dewey, Cheatham, and Howe
And finding another medical specialist who will testify against your doctor stating the doctor deviated from the recommended standard of care is almost impossible. Sharks do not attack other sharks.
“My medical malpractice lawyer charged me a large pile of money to tell me that while I did have a case, I couldn’t afford to hire the expert witnesses I’d need to win it.”
I got the same advice but fortunately didn’t have to pay for it because they didn’t take the case.
What we need are malpractice lawyers who specialize in suing other lawyers for malpracticing law.
“Has anyone done this and won ?”
The lawyer always wins.
But really. I would assume the defense would tie it up so long it will cost a fortune and run out the clock on the statute of limitations. Or there is some obscure clause in the service contract that you signed that exempts them from any damages for their screw ups. Good luck.
Be careful about those who advertise.
They process clients on an assembly line basis.
The insurance companies know up front, they’re going to settle.
The upside is you get your money faster than with the lawyers that actually go to court.
The downside is if you have a serious problem that requires paying long into the future, you probably won’t get enough moeny from the assembly line lawyer to pay for medical care,
This is less of a problem than it used to be. The medical profession is not longer a club now that Healthcare bill payers have taken a dominant position in the industry. If a doctor f’ed up, the others have little compunction in capping them, because it makes room for growth in a tight market. The artistry for the attorney is having the relationships within the medical profession to know who will say what before you approach them for their opinion. You get a really qualified and well respected expert, then you have a war horse to ride, while the other side, whose intelligence and cleverness can never be underestimated, will throw every fact and argument, real or immagined at you. At the end, when you’re out of pocket $250k, a jury will decide - these days not based on truth, but on woke principles.
Legal malpractice and medical malpractice cases are similar - you must prove a deviation from a professional standard of care. That is easy if there is something like a failure to file before the statute of limitations runs. Without a clear deviation, legal Mal cases are difficult because the recommendation of a legal course of action does not come with the reasonable expectation of the result the client desires. You can do the best job as a lawyer possible and get screwed because of a woke judge or juror. Likewise a damn fool lawyer can do a horrible job and get a great result. How do you second guess that?
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