Legal Question in Medical Malpractice in Virginia

My lawyer filed a malpractice suit about few years ago due to a surgery performed very poorly which required additional surgeries which had poor outcomes due to the first failed one. This has left me with low use of a limb. My attorney filed our expert witness identity and general consensus of his agreement with our case in time for the original trial in 2012. A week after filing he states that the expert witness never agreed to see the case our way and thus caused a unsuit. After we paid to refile, he has filed a response to a Demurer from the Defendant without including the defining information given during the defenses deposition where he stated what they are basing the demurer on was never said by him. My attorney has then just now identified (through an agency) two possible expert witnesses who are reviewing the case now even though one of them stated he did not see two of the major points of the case. My attorney has said he will now throw money at the case (ours) and our expert witnesses need to be filed in 3.5 months in time for trial. He has kept us almost completely in the dark, has not prepped us for any depositions, does not object virtually ever. This person came fairly highly recommended. (by the way - we wrote 2/3rds of the Interrogatories and much of the continuing writing). Can I bring in another attorney at this point and how would that play out between them? I am legally disabled because of this.

Asked on 8/09/13, 8:33 am

1 Answer from Attorneys

Gary Mims Sickels, Frei & Mims

Yes, you can bring in another lawyer--if you can find one and your present lawyer agrees. What you need to do is tell your lawyer your concerns and get specific answers. I am confused about your facts though. If your case is in Virginia, your lawyer needed to obtain an expert opinion, before serving the lawsuit, that your case (1) has merit (that there was malpractice), and (2) that the malpractice caused your injuries.

Medical malpractice cases are difficult and you need to be careful about "throwing money" at experts--your expenses can rise very rapidly.

Good luck

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Answered on 8/09/13, 8:46 am

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