Legal Question in Legal Malpractice in Pennsylvania

I discussed what happened with a malpractice attorney. hE HAS SIBCE DTOPPRF ANY EFFORTS ON MY CASE, AND HAS TOKD ME TO GET THE MEDICAL RECORDS FROM THE MEDICAL FACILITY. aFTER 8 MONTHS SHOULDn.t HE HAVE THOSE AlREADY?

I SiGNED PAPERS SO THAT HE COULD GET MEDICAl RECORDS FOR MY CASE..Before signing the papers ia wanted to have another lawyer look over them, he said NO. IT LOOKS LIKE HE GAVE PURSUING MY CASE A MONTH AFTER HE GOT IT, bUT HE HAS IT ARRANGED IT SO THAT ANY OTHER LAWYER CAN not PURSUE THE CASE EITHER, hE HAS A LOCK ON ALL TH E PAPERWORK FOR 5 YEARS. bY THen the 2 year statute will have run out.

Yo the best of my knowledge he has not done anything on my case since Juoly 2009.

And has it fixed it fixrf do that no one else can either.

I have gone to many doctor's for help with the pain. The doctors act like I am a hot potato, Do not get involved and pass it on to the next doctor.

Asked on 3/10/10, 10:24 am

1 Answer from Attorneys

CLIFFORD COHN COHN & ASSOCIATES
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You are always entitled to your file from your attorney. Any papers that you gave your attorney, are required to be returned to you if you request. There are some limited situations where the attorney can retain portions of your file if he has not been paid, but he can't even do that if it will damage your case. You need to contact another attorney and see if they are interested in your case. If they are, the new attorney will likely be able to get the file for you quickly. As you know the statute of limitations is generally two years from the time you were injured in Pennsylvania. YOU MUST FILE SUIT BY THEN OR YOU WILL HAVE LOST YOUR CAUSE OF ACTION.

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Answered on 3/15/10, 12:11 pm

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