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Legalease, Lawyer
Category: Legal
Satisfied Customers: 16367
Experience:  15 years exp all aspects of general law
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Do I have any say so if the defendants attorneys are going

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Do I have any say so if the defendants attorneys are going to try to have my lawsuit dismissed because my expert witness has changed his for the 5th time. He first said it was negelence and notorized a statement stating so, then changed his mind. Then when both the defendant and expert went in front of the dental board expert changed his mind again stating negelence. The dental board could only get the defendant for rewriting the dental notes which he admitted to and admitted destroying the originals. The expert witness then went to deposition and said no it was not negelence and he had his laptop stolen along with my records and xrays. I do I have any legal means of staying alive here, I must decide to sign off on the dismissal tomorrow or face sancations from his attorneys. Do I have any legal rights because I can prove spoilation, what kind of fines will I face if I don't sign off tomorrow. Can I get another lawyer to take this case, my lawyer says he will turn it over to if I want
WHat state are you in? .
Customer: replied 7 years ago.
Concord, Norht Carolina
Customer: replied 7 years ago.
This case has not been tried I filed out my information under that topic but did not see where it said already tried, sorry
If your own expert witness is now not supporting your claim that the dentist was negligent and will testify in court to that, then I am afraid that your claim, as it currently stands, is not a good one, unless you have other expert witnesses that you can use. If the judge states that you may be fined for going forward with this, then you may have no choice but to drop it for now.

What i am a bit puzzled about here is why the expert witness keeps changing his opinion? Is it because the records he was presented with were not complete, or the wrong ones?

I am certain that this expert witness has malpractice insurance --you should discuss with your attorney the possibility of bringing suit against the expert witness because of all the flip flopping. I believe the expert was seriously negligent and damaged your case beyond repair -- and you should explore making him ay for that.

Good Luck. Please press the GREEN ACCEPT BUTTON so I will receive credit for my time. Thanks
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