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In a medical lawsuit, if your attorney makes a huge mistake

Customer Question
and does not tell you...
In a medical lawsuit, if your attorney makes a huge mistake and does not tell you about the mistake is that fraud.The mistake cost us the case
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Has anything been filed or reported?
Customer: The motion filed by the defense stated our attorney did not name the physicians responsible for the negligence. He did not tell us about the motion and attempted to say our case was a loser when the state of MD found the facility negligence
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
12/24/2016
Lawyer: LegalKnowledge, Attorney replied 10 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28,684
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Lawyer: LegalKnowledge, Attorney replied 10 months ago

I certainly understand the situation and your concern. based upon what you shared, it sounds as though it would be more of a case of malpractice and the attorney could be liable and sued. In a legal malpractice case in Maryland against a lawyer, a plaintiff needs to show: (1) the attorney's employment; (2) his neglect of a reasonable duty; and (3) loss to the client proximately caused by that neglect of duty.Accordingly, to recover in a legal malpractice case, you must be able to prove that the legal malpractice occurred and that you would have received a favorable outcome if not for the lawyer's legal malpractice.

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Customer reply replied 10 months ago
It us definitely medical negligence bit he never told us he hid the fact about the motion and attempted to tell us that the case was a loser when the government conducted an audit and found the facility negligent.
When you have medical negligent cases both sideds have doctors and the doctors are compensated in this situation the auditors do not receive any funds
Lawyer: LegalKnowledge, Attorney replied 10 months ago

You can certainly file a complaint against him. with the MD and have his conduct looked into as well and he could be subject to discipline. In addition, if you think there is fraud, it could be added to a civil cause of action.

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Customer reply replied 10 months ago
Does he have an obligation to inform us what occurred and not leave us hanging. Since we did not accept the offer he resigned. We spent close to a million . He initially was asking for 1.5 million he wanted us to accept 150,000
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Yes. This is why he could be subject to discipline. He has an obligation and duty to keep you informed with the status of the case. Even if he messed up, he needs to advise you of the error and correct it and should not hid things from you that effect you

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Customer reply replied 10 months ago
Does he have an obligation to inform us what occurred and by not he created fraud
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Yes. He would have needed to inform you and advised as to the steps that he was going to take to correct it

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Customer reply replied 10 months ago
Forget the phone callIf you hide the fact about the motion and attempt to force the client to settle is that fraud
Lawyer: LegalKnowledge, Attorney replied 10 months ago

Yes, it would be, since the client needs to be properly informed of everything, prior to settling, so they can make an informed and educated decision.

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Lawyer: LegalKnowledge, Attorney replied 10 months ago

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Lawyer: LegalKnowledge, Attorney replied 10 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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