Legal Question in Legal Malpractice in Florida

Did I hire the wrong attorney?

I filed a medical malpractice case in May 05. I was misdiagnosed and received chemo for the wrong type of cancer for 6 months, then told I was cured. 6 weeks later I returned due to chest pain and was told I had a reoccurrence and needed a stem cell transplant. A second opinion revealed the misdiagnosis. My original doctor should have know this based on the 3 PET scans (given at the beginning of my 6 months of treatment, at month # 5, and two months after being released). They all showed the tumor approximately the same size. At that point my original doctor should have ordered a second biopsy rather than ordering a stem cell transplant. Due to the 8 month delay the tumor encroached upon my lung, and I had a complete lung removed. In addition, just as I received the second opinion the tumor paralyzed my vocal cord. I've lost my voice. I am a 36 year old teacher with a master�s degree + 75 graduate hours. I can no longer teach. Now I am 6 weeks away from my trial and my attorney still will not tell me the amount we are suing for. I was not invited to the depositions and have not received copies of them. My witnesses have not been notified. I am lost. If I've made a mistake hiring this attorney, what are my options?


Asked on 1/25/07, 4:07 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Did I hire the wrong attorney?

There is no really good way to answer your question. You are very close to trial so it would be hard to fire your lawyer and hire another one (the trial would almost certainly be post-poned). That does not mean, however, that you are not entitled top answers to your questions. Call and make an appointment for a face to face conference with your attorney. Make notes before you go about the questions that you have so you get some answers. You are entitled to know what is going on and why some decisions have been made and others have not. GO FIND OUT while there is still time.

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Answered on 1/28/07, 8:46 pm


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