Legal Question in Medical Malpractice in New York

statute of limitations running out

We contacted a lawyer a year ago this month regarding a medical malpractice case. He has had the medical records since that time. In Dec 06 he requested a downpayment of $1000 for a medical expert to review the case which we sent to him along with the signed retainer agreement. The statute of limitations runs out in Nov 07 and the records have yet to be reviewed and he doesn't return my phone calls. It seems rather late in the game to be finding another lawyer but I am worried time will run out without anything being done! What do you suggest?

Asked on 8/09/07, 1:12 pm

1 Answer from Attorneys

Scott Levinson Korybski & Levinson

Re: statute of limitations running out

You need to either get your attorney to put this case into suit before the statute of limitations runs or get another attorney immediately. Once the statute of limitations runs out, you cannot recover. If you believe that your attorney is just sitting on this case and the case is in jeopardy of not being pursued, you can find another attorney to handle this. I would be happy to speak with you further about this and about the specifics of your case for possible handling. Please feel free to contact me at your earliest convenience.

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Answered on 8/09/07, 2:17 pm

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