Legal Question in Medical Malpractice in North Carolina

Wrongful death

Our family is involved in wrongful death case, part has been settled

against the nursing home through arbitration. We are now getting ready

for court. Our atty. wants to quit says not enough in it for him and has

made a motion of which I fought and won,but what have i won. Does he

have the right to tell opposing atty. i have no money to pay experts,he

and his firm have paid all up to now and has been reimbursed?????Also

do i have a right to ask for bills paid to who and why??????

Any help you can be is deeply appreciated.If this is wrong what do I do

about it?


Asked on 11/29/04, 2:43 pm

2 Answers from Attorneys

Scott Diamond DIAMONDLAWYER

Re: Wrongful death

you must examine the retainer agreeemnt that you singned. That document describes who is responsible for the continued expenses of experts each parties rights and responsibilties. Since the attny is in the case, he has to handle it professionally or he is going to face a malpractice suit. There is a lot to look into and I wouldbe happy to discuss it with you free of charge. I would need to see his application to be relieved of cousel.

SCOTT E. DIAMOND

DIAMONDLAW

800-310-4800

LL.M. TRIAL ADVOCACY

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Answered on 11/30/04, 5:39 pm
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Wrongful death

I am somewhat unclear on the inuqiry, but I believe that we might be able to help. The decision to settle or not is always the client's. However, ulitmately, the client is also responsible for the costs of trying a case. In almost every case we handle, we will advance those costs and there is no reimbursement unless there is a recovery.

I am somewhat surprised by the tactics of your attorney, since in Nursing Home cases there is usually a right to attoreny's fees that is above and beyond the damages recovery.

If liability is at provable, they are almost always good cases.

You have an absolute right to know who has been paid and how much.

It appears that your attorney made a motion to be relieved? IS that the case?

The best way to discuss the myriad of issues you have raised would be a consultation. Please feel fre to call me to discuss this matter. I hope to hear from you. I can be reached at 1-800-34-NJ-LAW

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Answered on 11/29/04, 5:43 pm


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