Legal Question in Medical Malpractice in Virginia

Firm refuses claim

I recently received a letter in the mail from a law firm I had contacted about med. malpractice. The letter says the firm has ''conflict with the medical group involved in your care'' This led to them saying they couldn't help me due to this conflict.

What is a firm saying when they have conflict with someone in my potential case? Why did this stop them from taking my claim?

They've told me to seek other counsel.


Asked on 3/12/09, 5:26 pm

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Firm refuses claim

Presumably and ostensibly a conflict of interest where they learned that a member of the law firm represents and/or has done work for that group or a member of that group or someone employed by or affiliated with the group or they have some other connection (family, social, etc) to someone that works in the group. There could be any number of reasons for a potential conflict of interest.

Also, it could be they don't want the case or you don't have a very good case, although I would think you would have been told that already. Med mal claims are expensive and difficult and not many of them are successful in Virginia.

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Answered on 3/12/09, 5:36 pm
Gary Mims Sickels, Frei & Mims

Re: Firm refuses claim

When a law firm has represented a physician or someone in his practice, or perhaps a member of the firm is a patient of the practice and the firm feels it would have the appearance of a conflict, the firm will decline the case--whether the conflict is real or perceived. Under such circumstances it is appropriate for the firm to decline the case and suggest you seek other counsel.

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Answered on 3/12/09, 5:49 pm


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