Legal Question in Medical Malpractice in New York

How do I change attorney related to a negligence lawsuit which has been going si

I have an established negligence lawsuit stemming from incorrect diagnosis of breast cancer. During yearly mammos I was told things were OK, but on 3/2002, I was told I had Stage IIIB breast cancer. The radiologist did not ''read'' my 2000 mammo correctly--which did show cancer upon review of the experts. This case was entered on the trials calendar (NY)on 10/2003--my attorney told me the court rule is that the case must be resolved within 15 mos from that date. She also assured me this case was to be settled and will not go to trial; that this was a very solid case--the evidence was balck and white. Now she tells me that such is not the case and this case may go to trial as the defense claims this case is ''defensible''. I have had many conversations in which this attorney has given me contradictory statements. Her delivery is dismissive and condescending. Has not maintained me abreast of the important aspects of this case including pre-trial conferences and the like. I want to fire her and get a new attorney. She is NOT a trial lawyer. What is the best thing to do at this juncture of this case. I do have a very bad ''taste'' about this attorney. This case is being viewed in NY, but subsequently I moved to FL. Please help.

Asked on 9/28/04, 12:09 am

1 Answer from Attorneys

Andrea Bonina Bonina & Bonina, P.C.

Re: How do I change attorney related to a negligence lawsuit which has been goin

To change attorneys you will need to contact an attorney, have them review the file, and they will (if they wish to take the case over) send out letters and forms to your former attorney stating that they are taking the file over.

It would be important for the incoming attorney to be able to review the complaint and bill of particulars to make certain all necessary parties were named and that the pleadings are legally sufficient. It would also be important to see the expert reports/memos and the expert disclosures.

If you would like to discuss this further you can call me toll free at 1 888 medlaw1. I wish you the best of luck.

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Answered on 9/28/04, 9:22 am

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