Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My surgeon says he will act as an expert witness in a malpractice

case i have, but he...
My surgeon says he will act as an expert witness in a malpractice case i have, but he will only help if I have an attorney - I can't get an attorney to take the case! What can I do? I have to file an opposition to motion for summary judgement - can I write an affidavit cited what he said?
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
7/1/2013
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Verified

Hi, Crista, My name is XXXXX XXXXX my goal is to provide you with Excellent Service

 

 

Q. Why can't you get an Attorney to take your case ?

Ask Your Own Legal Question
Customer reply replied 4 years ago

my daughter's arm had little function to begin with and attorney think it is a low value case + the timeline is very tight. Can't i pay an attorney to take my case?!

Hi, Crista,

 

I am sorry to hear about your daughter's arm. There is a legal principle applicable to your daughter's case - "The Defendant takes the Plaintiff as he finds him". This means that it does not matter that the plaintiff had a problem to begin with; if the plaintiff did something to worsen the condition, the Defendant is still liable to the Plaintiff.

 

For example, let us assume that a paraplegic was in an automobile accident and the other driver was at fault. The injuries sustained by the paraplegic resulted in his becoming a quadriplegic. The Defendant cannot say, "Well, you can't hold me liable because he couldn't walk even before the accident, so what's the difference now?" The fact that the other driver's negligence caused the Plainiff's condition to worsen, makes the Defendant liable to the Plaintiff for making his condition worse.

 

Therefore, if these Attorneys you have spoken to have the idea that your daughter's case is not worth much because she only had little function before the malpractice, they are totally out in left field.

 

In Answer to your question, "Yes" you can pay an Attorney to represent your daughter in the malpractice case. Just because a majority of personal injury cases are taken on contingent fee, does not mean that you cannot hire an Attorney and pay him to take the case. You should call your State and County Bar Association Lawyer Referral Services, tell them what your situation is, and ask for the names of several Attorneys who have experience in malpractice litigation cases.

 

I wish you and your daughter, the very best of luck,

 

__________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

Ask Your Own Legal Question
Customer reply replied 4 years ago

thank you Andrea, but how about the original question of: My surgeon says he will act as an expert witness -but only if I have an attorney - I have to file an opposition to motion for summary judgement (tomorrow) - can I write an affidavit citing what he said?

My apologies,

 

1. Submitting an Affidavit attesting to something that someone else told you is hearsay and the Court would not consider it;

 

2. Even if you could submit an Affidavit, it would not be enough to defeat a Motion for Summary Judgment.

 

The party submitting the Motion for Summary Judgment is telling the Court that the Court should enter judgment in his favor because "there are no genuine issues of material fact". The party is alleging that having a trial would be a waste of the Court's time because there are no issues in dispute that can be tried. Your are supposed to file an Answer in opposition to his Motion for Summary Judgment and you must refute his statement that there are no genuine issues of material fact in dispute by raising issues which are, in fact, in dispute.

 

The surgeon's reason for saying that he will not testify if you do not have a lawyer is probably because (1) he will take the stand and be cross-examined. There will not be any lawyer on your side to question him and have him testify in your case in chief; and (2) He wants to get paid and it is the Attorney for the Plaintiff that pays the Expert Witness before he takes the witness stand to testify for the Plaintiff,

 

_______________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

 

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Verified
Andrea, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.

Andrea, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am representing myself on a personal injury lawsuit. If I
I am representing myself on a personal injury lawsuit.If I were to loose the case, can the judgment include the plaintiff's attorney fees, or will it include only an amount for "damages"?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
FOR LAW EDUCATOR, ESQ.: PLAINTIFF's Summary Judgment Motion
FOR LAW EDUCATOR, ESQ.:PLAINTIFF's Summary Judgment Motion Fails To Comply with CPLR §§ 3013 and 3014 and should be denied.I received a "Summary Judgment Motion" in an instant foreclosure matter it is… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was sued for a "personal injury" that alledgely occurred
I was sued for a "personal injury" that alledgely occurred in May 19, 2015.The lawsuit was filed as "plaintiff-first plaintiff-last vs my-first my-last DBA my-business-name".We went to our first case … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I have just been hit with a summary judgment and want to fie
I have just been hit with a summary judgment and want to fie they would now like me to file an affidavit and also the judge that is on my case I have been successful in having him found with conduct n… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
Had a personal injury,settled,they did not pay the MSA
had a personal injury,settled,they did not pay the MSA account of 42000.We"ve been fighting for 8 years.The total would have been 62,00 at the end.This would have gone to my estate.They,insuranc compa… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I have a personal injury question. But this is about an
yes, but this is about an attorney in Maryland, who signed to represent for 33 1/3 in a contract, and right before filing deadline wants a 40 percent contract. … read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
Is bullying considered a personal injury? Alabama about a
nothing yet homeschooling now because no one would do anything … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
Personal injury---maritime--- actI was injured in april 2015
Second opinion] personal injury---maritime---jones actI was injured in april 2015 while working as a deckhand on a dinner cruise boat in D.C., i've filed a lawsuit, in which the judge states my claim … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
In an opposition to summary judgment, can I add a motion to
in an opposition to summary judgment, can I add a motion to strike an affidavit the opposition included in their MSJ or do I have to do a separate motion to strike?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can I personally write a response to a summary judgment? NC,
Can I personally write a response to a summary judgment? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can I file an appeal on a summary judgment, DC, what do you
I just received that the other party won their summary judgment can I file an appeal … read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
I was involved in an automobile accident November of 2016.
I was involved in an automobile accident November of 2016. The driver in the other car unfortunately passed away. I was not charged in the accident although it appears from the accident report that I … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If you can't bring a motion for summary judgment because its
If you can't bring a motion for summary judgment because its passed the deadline, is there another motion you can bring before trial to try to dismiss a claim under CA law? I missed the deadline to br… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I was involved in an automobile accident in Yorba which I
I was involved in an automobile accident in Yorba Linda which I believe if OC. I live in and the vehicle is registered in Glendale which is LA. Can I file in Glendale/LA? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If I have several issues for summary judgment that may be
If I have several issues for summary judgment that may be deemed contradictory, that is, one claims that a contract is void but another claims that a condition precedent on that (supposedly void contr… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Alright! As a pro se litigant pursuing a personal injury
Alright! As a pro se litigant pursuing a personal injury claim, is it possible to legally sue someone who has established a temporary restraining order againsy you in the State of Hawaii. Therefore, c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I was involved in a automobile accident where the person
I was involved in a automobile accident where the person that hit me was completely and totally liable. I just received a check from the rental car insurance company for the maximum limits of 15000. I… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
We have to respond to a motion for summary judgment on an
We have to respond to a motion for summary judgment on an EEO case. What is the language that goes into that response? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x