I hired an attorney for a personal injury case. During the process I feel I should pursue a medical malpractice suit, but I wish another attorney to represent me for a medical malpractice case. I am on a contingency agreement for the personal injury case. Can I proceed with another attorney for a separate medical malpractice case without legal/financial consequence.
1 Answer from Attorneys
Your potential claim of professional negligence against the doctor and/or hospital is completely separate and distinct from your claim of negligence against the person who caused your injuries. I would caution you to carefully read your retainer agreement with the PI attorney to see if it mentions any "derivative actions" or other discussion of additional lawsuits and claims that may arise from your underlying PI claim. If your contract with the first attorney is limited to recovery for your injuries from the tortfeasor who is responsible for the accident that caused those injuries, there should be nothing to restrict you in considering another lawyer for the med mal claim. You should ask, though, if it would not be more economical to utilize the services of the same counsel - provided he/she is fully competent to pursue a med mal action - and do so more cheaply than having two attorneys representing you on related facts and circumstances.