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Hi my family and I have a medical malpractice lawsuit against

some doctors for about 3...
Hi my family and I have a medical malpractice lawsuit against some doctors for about 3 years now. We stay in a small community. The lawyer we have has been working on the case for the past 3 years now he has developed cancer and one of the doctors that is named in our lawsuit is going to be his surgeon. The lawyer did call to tell us that he was going to have to have surgery but now he is rushing us to get an expert witness (which we had no idea that we had to pay for b/c he said that everything was covered until we won the case. So I just want to ask another lawyer to see what steps my family and I should take.
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Answered in 1 minute by:
6/6/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Do you have a copy of your fee agreement with the lawyer? I'm assuming it was contingency fee basis, correct?

Customer:

yes thats correct. The lawyer is also telling my mom that he feels uncomfortable going forward with the case now

TexLawyer :

The first thing you need to do is decide whether you want to keep him as a lawyer or not.

Customer:

we are so far into the case can we just switch lawyers

TexLawyer :

If you do, take a close look at the fee agreement. It most likely addresses who pays the litigation costs and when.

TexLawyer :

Yes, you can switch lawyers whenever you want, assuming the judge will let you (he almost certainly will under these circumstances).

TexLawyer :

Have you paid this lawyer anything so far?

Customer:

how do I go about looking for an expert witness for medical malpractice my father had a kidney transplant and died from fluid overload which led to heart attack and he died

TexLawyer :

You don't need to find one, your lawyer does. If you have a lawyer, you should NEVER be expected to find your own expert.

Customer:

The only thing we have paid for has been 500 dollars to cont. the case b/c before this lawyer we had another lawter handling the case and all of a sudden he couldnt go on with the case

TexLawyer :

OK. You are not very invested in this lawyer. You should strongly consider finding a new lawyer. What city do you live in?

Customer:

He said that we would have to find an expert that could cost up to $10000

TexLawyer :

Yes, experts can be very expensive. Usually, that comes out of the settlement.

Customer:

we stay in Arkansas but the lawyer is in Lousiana where the doctors practice in

Customer:

Its just so hard getting this far and all of a sudden we have to pay this much money and he told us that we had to let him know something ASAP in order to even continue the case

TexLawyer :

OK. Use the following website and find an "AV" rated lawyer in Baton Rouge or New Orleans. www.martindale.com

Customer:

okay I am good with medical terms b/c I am a nurse but what does AV stand for

TexLawyer :

It sounds like this attorney wants off the case, as well. The client is NEVER expected to find their own expert. That's shocking, to tell you the truth.

TexLawyer :

AV rated lawyers are Martindale's highest rated lawyers.

Customer:

Do I just tell the lawyer that we have now that we want a new lawyer

TexLawyer :

Tell him that you are seeking new counsel. That's all you are obligated to do.

Customer:

okay you have answered by questions and I felt like something wasnt right b/c just last month he told us that he has filed with the court and we should be hearing something sometime soon

TexLawyer :

I'm not sure how far along he is, but I can tell you that expecting you to find an expert on your own is downright absurd.

TexLawyer :

It sounds like he's wanting to get rid of you as much as you want to get rid of him. A mutual breakup, of sorts.

Customer:

I felt that way to b/c he said that we wouldnt have to pay for anything until the case was won

TexLawyer :

That's the way it works with a reputable med mal lawyer.

TexLawyer :

You should not have to pay until you win some money.

Customer:

Thank you so much for your help you have made me feel better b/c I knew that just didnt sound right for us to have to find an expert

TexLawyer :

Glad to help.

TexLawyer :

Can I do anything else for you?

Customer:

and pay up to $10000 which we dont have

Customer:

no thank you for your help if I have anymore questions can I contact you

TexLawyer :

Great. Thanks. XXXXX answered your questions to your satisification, please remember to "Rate" my answer. Good luck!

Customer:

ok will do

TexLawyer :

Can I do anything else for you?

TexLawyer :

Do you have any other questions?

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified
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Chris T., JD
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
4,829 Satisfied Customers
Experience: Experienced in both state and federal court.

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