my friend is in bad shape he had a gastric bypass 5 yrs ago and was in alot of pain and due to long cut ,would be in pain until healed.13 months later he went to his dr#1 and complained of excruciating pain still. dr#1 said don't worry! well he wanted 2nd op. and dr#2 did egd and found a 4" jp drain protruding through his new stomach. he took it out. after many tests they said it damaged internal parts and will be in pain for ever . he got a lawyer and they used the dr#2 that removed the tube for expert witness. well then 3 years later the dr#2 that was the expert wit lost his license and was told he no longer has a case due to dr2 losing license! and lawyer said he would not put any more into the case because he was out $$$$k.before the dr#2 lost license he had perfect case. lawyer said no good. and lawyer says he wants to settle for costs. Is someone paid off???case changed from good to bad for him really quick? lawyer is closing case! is friend obligated to settle for fees?
2007-10-12 15:05:15 · 3 answers · asked by yenkonovalover 2 in Health ➔ General Health Care ➔ Injuries
the lawyer he has is a only pay if the lawyer wins the case. the fees are so minislule it not even funny! the fees would pay back some of my friends investments and some of the lawyers fee he supposedly invested in the case. would he still be obligated to pay the first lawyer his fees up front if he goes to another lawyer. being he was a collect only if he wins kind of lawyer
2007-10-12 15:35:54 · update #1
also one more thing if he did except the cost settlement is that the end of trying to sue that dr for malpractice? thank you all is greatly appreciated
2007-10-12 15:39:13 · update #2
No, he does not have to settle.
1. Your friend does not have to agree to any settlement. (however, the attorney can drop him as a client)
2. Your friend can get a new lawyer. However, the two lawyers would have to split fees which is always a problem.
3. I advise that your friend consult the attorney reference panel of the local bar association. The cost is low. This is not to get a new lawyer, but to get a second opinion of his options.
4. I can see why the first lawyer is scared of the case. Medical malpractice cases are expensive and doctor 2 no longer has creditability regarding damages. (Even though I am sure he is honest, the defense counsel would tear him up on the stand.) The lawyer is looking out for himself by trying to settle for costs.
Good luck and don't settle without fully investigating your options.
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Update:
First, although a lawyer, I am not a litigator (I do wills, probates, business and tax stuff). And I most likely don't practice law in your state. Therefore, I don't know the nuances related to prosecuting a medical malpractice claim in your state.
That said, I've thought a bit about your friend's matter. He has a very good case. Doctor 1 did what we call "per se" negligent. This means that just the fact that drain was where it was is negligent (unless the doctor can show it got there through no fault of his own). Your friend should really investigate finding another attorney because someone will be interested in the case.
The fact that Doctor 2 shot himself in the foot just makes it harder for the attorney to prosecute your friend's claim. It doesn't take anything away from the claim's merits. Your friend should still have a good case.
Your friend and his lawyer have what is called a "contingency" fee agreement. This usually means that on any settlment or victory at trial (judgment) the first thing that gets paid is the lawyer's costs (the money he put up to fund the case) then the remainder is split between the attorney and the client.
How that agreement affects obtaining a new lawyer depends on three things, namely, (1) the contract with the first lawyer, (2) the laws of your state regarding attorney-client fee agreements, and (3) how the two lawyers are willing to compromise. But that said, if the first lawyer is willing to settle for costs, he would probably be willing to allow your friend to leave so long as his costs are the first thing paid out of any judgment.
You also asked if your friend settled for costs, would that end the malpractice suit against the doctor #1. The answer is yes.
The most important thing your friend can do is consult not just with one attorney, but several who specialize in medical malpractice until he finds one that he is comfortable with and is willing to work with your friend.
2007-10-12 15:22:20 · answer #1 · answered by Frst Grade Rocks! Ω 7 · 1⤊ 0⤋
Your friend isn't obligated to settle for fees -- but if he doesn't, then he'll owe the attorney money -- he is free to see another attorney -- but, he should do that before decides to not settle -- because the statute of limitations may have well "tolled" in this case . . . meaning, essentially -- your friend may have no case, now -- because action wasn't taken quickly enough (in which case, he might have an action against the attorney, too).
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The lawyer your friend has works on a contingency basis -- that means . . . that the lawyer only gets paid if he wins or settles . . . except for fees. State laws (everywhere, I'm sure) allow for attorneys to receive reimbursement for expenses spent on a case -- and, I can assure you -- a medical expert wittiness isn't a "minuscule" fee. The attorney will be paid (either willingly, or through collections) for the amount of money he pumped into the case. If your friend sees a second attorney and pursues the action, he would still have to pay the bill for the first attorney -- for whatever money was fronted for the case . . . and if he did accept an arrangement to settle for fees, he probably wouldn't have another claim against the doctor -- because he would have already settled.
2007-10-12 15:18:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
opposite to what you've already been informed, there at the prompt are not sufficient data wherein to suggestion you no matter if a Judicial Ethics grievance could be warranted. Now the position have you ever right what inactiveness on the lawyer's section has led to the damages your boyfriend has suffered, if in reality, the damages were led to by using incompetence or different elements or if the ex's moves have reason the reason to pull out. the purely correct suggestion all of us can inform you is to have your boyfriend seek for a consultation with a 2d lawyer to study the case and recommend.
2016-10-09 03:08:14 · answer #3 · answered by michaelson 4 · 0⤊ 0⤋