My brother's and I retained a law firm to help us in a
My brother's and I retained a law firm to help us in a dispute against our half-sibling after she took items from our father's estate after he died, and before anyone else was informed of his death.Upon our initial meeting the attorney stated he was confident that he could recover the property and obtain damage and attorney's fees. Since that day it has been a nightmare. We have had to beg for communication, he did not include one of my brothers in any petitions to the court even after we stressed how important it was to project we were all together on this case. And still to this day has not added him after being asked several times. He twice included false information in petitions to the court, the worst of which he actually asked the court to remove his own client as executor of the estate! We have 3 court dates that we know of that we have not been informed of so were not able to attend. The last hearing our attorney's did not even attend. They had some excuse that they were not informed of the court date. At that point we lost executorship to a third party which is liquidating my dad's estate at pennies on the dollar and we still have not recovered the property that was taken. Also, he stated he was going to help us identify assets with some fancy computer program he pays all this money for, but that has never happened.We know we are in a worse position and have lost a lot of money due to this firms mistakes. Do we have a malpractice case? The probate case is on going and I do not want to start over with a new attorney, but I do not want this guy to make our position even worse. What course of action would you suggest at this point?
This post is for CalAttorney2 ONLY: Preparing for hearing of
This post is forCustomerONLY:Preparing for hearing of MSJ, coming next Wednesday: ****Can parties add exhibits to record at this hearing?**** One in particular I should have included with my Memo in Opposition to was a Motion to Compel I filed many months ago, asking the court to force the hospital employer of defendants to release my medical records. (They had repeatedly refused, and when they finally gave me some, it was only a day before depositions I'd scheduled for the two defendants and two non-defendant nurses. With too little time to prepare, I had to forego questioning the two non-defendants.) The court never took up my motion to compel.I feel it might be of some value to show the appellate court how the lower court's processes were to some extent skewed in favor of the defendants. Of course, I gather from the statutes and cases I've reviewed that's pretty much to be expected in medical malpractice cases in KS.One piece of evidence I believe to be key to surviving the MSJ is the “hospitalist” in the second hospital that treated me diagnosed me immediately (it took only 10 to 20 minutes), and got me up and running (well, ambulatory anyway) in two days, but in his notes he says only that I suffered from an adrenal insufficiency likely secondary to steroid usage, because I'd been using prednisone for 15 or 20 years. Now the key is that it was the abrupt stoppage, not the long off-again-on-again usage that precipitated the adrenal crisis. He told me (with my wife present) that the abrupt stoppage precipitated the problem, but that didn't make it into his notes. However, in the “Discharge Summary,” prepared by a second doctor it was noted. In my Memorandum in Opposition to MSJ, I said:From Dr. Arroyo's discharge summary of Dr. Thakur's [the diagnosing hospitalist] findings and treatment of Plaintiff at St. Catherine Hospital 4/26/13: “Consultation was made with the hospitalist who felt that [patient's] generalized weakness was secondary to adrenal insufficiency from withdrawal of his prednisone several weeks ago [i.e. 3/13/13, by defendants; emphasis added]” And thus element “e”, causality, is established.The problem, of course, is that defendants will claim the discharge summary is hearsay and so inadmissible, right? I can claim the discharge summary is part of the ordinary business records of the hospital, but that doesn't make them any less hearsay. The federal rules permit an exception for healthcare professionals' assessments, I believe, but not Kansas. ****How can I get this by their objection?****
I was hired by an auto insurance company about a year ago to
I was hired by an auto insurance company about a year ago to conduct a medical examination (here in Utah, called a Rule 35 examination) upon an insured injured passenger now involved in litigation against the insured driver of the auto. I submitted my report about ten months ago and the auto carrier retained me to provide expert testimony - in fact, I was deposed this past July. I thought that the case would settle after the deposition. No such luck. Without any notice to me, without my knowledge, the Plaintiff's attorney submitted a plea to the court requesting an expansion of discovery - specifically demanding unrelated financial documents and information from my practice far exceeding the scope of my examination of the injured party. Without my knowledge or consent, without notice to me, the attorney for the auto insurance reportedly submitted a statement in opposition to the Plaintiff's attorney's request for financial information and documents. Without notice to me, without my knowledge or consent, the presiding judge reportedly held a hearing, reportedly read the opposing position statements, reportedly heard arguments from the Plaintiff's attorney and the attorney for the auto insurance carrier and then handed down a decision forcing me to submit extensive unrelated financial information covering two years of my practice. My concern here is that my legal right to due process has been violated - I was never given notice of the pleadings or opposing statements; I was never provided the opportunity to provide input to the auto insurance attorney response; I was never notified of the Plaintiff attorney pleading or my response to same; I was never given the opportunity to hire my own legal counsel to represent my interests; and I was never given notice that a hearing was even scheduled or held. I am outraged as what I see as judicial tyranny from a judge running roughshod over my legal rights forcing an unreasonable burden upon me - all this without ever receiving notice from any party, no notice from the Court, and no opportunity to hire counsel to represent my interests and position. Am I off base? Do I have any recourse?
I have a question about a new law to take effect October 1,
I have a question about a new law to take effect October 1, 2016 in the State of Maryland regarding Medical Record Fees. I was told by a lawyer about this, yet I can't find anything about it. Apparently , it is a cap on the fees , no matter what size of the medical record. Something like $100.00 max. I am needing to get my Mother's comprehensive medical records from several places-Particularly an Assisted Living, where the record is sizable. I already asked the A.L. facility, and they do NOT have digital records. This will be very expensive right now. Will October 1 make getting these paper records affordable (I hope the law is not for digital records, because that is already cheap , around 100.00). Can I get clarification on the new upcoming law??
A couple weeks ago I was stung by an insect coming in the
A couple weeks ago I was stung by an insect coming in the window of my semi I'm deathly allergic and cannot carry an EpiPen due to adverse reactions to epinephrine I had to call an ambulance to take me to the nearest hospital workman's comp says they will deny the claim as it was an act of God not caused by driving a semi so question should workman's comp cover it since I was at work in performing the duties of my employment
Is California's state medical board immune from lawsuits? I
Is California's state medical board immune from lawsuits? I ask because two atrocious doctors whom most anyone would see were hopeless (one roophied a drug sales rep/patient for whom he also prescribed opioids) sequentially harmed my health and cost me a great deal. One scary criminal doctor might be bad luck. Two, it starts to seem like incompetent oversight.