Your question was referred to the legal department.
An action for medical malpractice must be based on a mistake a doctor made in his capacity as a doctor - - - misdiagnosis, failure to properly treat a condition which the doctor should have or could have discovered, things along that nature. My Answer might be different, if this involved a patient and their psychiatrist who might have taken advantage of a patient's vulnerable mental state, but not in any other field of medicine.
If you actively participated in this affair with the doctor, I cannot see on what basis your attorney intends to proceed. I would strongly suggest you get a second opinion from another attorney because I do not think you can prevail in such an action and if you proceed and fail, the doctor can hold you liable for all of his legal fees, expert witness costs, court costs and all other fees they incurred in defending this action.
I realize that this is not the answer you were hoping for and I wish I could give you an answer that was more favorable to your claim, however, I am obligated to give correct answers, so please do not hold the state of the law and case law governing your case against me. I still suggest that you get a second opinion because your present lawyer may be buying you a very expensive lawsuit by the doctor against you. After all, the lawyer has nothing to lose, all he will try to do is squeeze the doctor for some kind of settlement which he will never get because there is no basis, and then the lawyer will walk away, leaving you having to pay the expensive lawsuit brought by the doctor. If you do not believe what I am saying is the truth, ask your present lawyer if he will represent you for free when the doctor turns around and sues you for all of his costs, which will include his lost earning in defending your lawsuit. The doctor will be suing you for over a quarter to one jalf a million dollars, just keep that in mind.
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ANDREA, JD, LLM
MEMBER, NY & PA BAR