Legal Question in Legal Malpractice in Maryland

D&c byER doctor & pregnant

Iwas 4 months pregnant and didnt know.I went to the ER 3 times each time i saw the same doctor.I was having vaginal bleeding.Finally he did blood work but befoe the test came back did a D&C.Afterwards the nurse came in and told me a mistake was made.I Got a bad lawyer I fired him last week can i handle this case myself if i settle out of court?I heard i can just do a claim letter asking for a reasonable amount of money.The lawyer had my medical records 15months and did nothing w/ them.Im so mad!!!


Asked on 6/27/09, 11:47 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: D&c byER doctor & pregnant

If you are still within the 3 year statute of limitations period since your d&c, you need to find another lawyer who is willing to prosecute your case. It is highly unlikely that you will be offered any settlement if you try to represent yourself. While the lawyer should have acted sooner, it may be that he couldn't find an expert willing to testify that the doctor was negligent. This is a prerequisite before you can file a claim. The nurse's comment doesn't necessarily mean you have a case. Doctors don't readily settle these cases no matter how "obvious" you may think they messed up.

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Answered on 6/28/09, 3:42 pm


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