Legal Question in Legal Malpractice in Maryland

If an attorney takes a medical malpractice case,knowing when the staute limitations is UP,and knows the facts[has med.records]Once the records are obtained nothing is done to file suit,or to bring the case to close.Finally the client attemps to obtain new counsel,but the old attorney speaks so negative of the case,and wasted over half the limitations[30months out of 36] it's hard to find represintation.Is this legal malpractice?If the atty.felt there wasn't a case shouldn't this had been known atleast within the first year?VERY ANGRY'is there anything i can do to obtain justice in my med.mal.practice case,and justice on this atty.that isn't a malpractice atty.i feel he/she shoulda told me what they speicalized in.


Asked on 4/03/10, 6:52 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The attorney should have been more diligent in handling the case, and once he concluded that your case lacked merit, he should have informed you so that you would have the opportunity to try and retain another attorney. In these cases, the first thing the attorney does after obtaining the records is have them reviewed by a medical specialist to get an expert opinion on the merits of the case. These cases are very difficult, and no reputable attorney would file suit unless he had expert support. The problem you would have in proceeding against the attorney is that you would first have to prove that your medical case had merit, and then you would also have to prove that the attorney's handling of the case prevented you from pursuing it. It sounds like you got the case back 6 months before the suit filing deadline, so that still would have been enough time to find another attorney if the case had real merit. You might consider filing a complaint with the Attorney Grievance Commission to see if any ethical violations occurred.

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Answered on 4/09/10, 6:38 am


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