When I ask when he will file the suit, I don't get a straight answer. I do have a claim, a piece of plastic was left inside me following a surgery. It caused a severe infection and a tear in my abdominal wall.
2007-10-15 06:07:29 · 4 answers · asked by zladybug1959 2 in Politics & Government ➔ Law & Ethics
He should have filed the claim by now. Have a meeting with him right now, and ask for reasons for delay. If you are not happy with the answer then tell him that you will be getting another lawyer.
2007-10-15 06:13:26 · answer #1 · answered by Iqbal 4 · 0⤊ 0⤋
It depends on the facts of the case -- and when the statute of limitations runs out.
Generally, a few months is not unreasonably -- especially if the case requires some preliminary legal or factual research -- such as who the doctors were, whether they were employees or contractors of the hospital, their past backgrounds, whether the hospital was also potentially liable, the projected future damages -- these are all things that would need to be researched before a full complaint could be drafted and filed.
But six months is starting to push the boundaries of how long it should take to reasonably prepare the complaint -- sadly, it's not uncommon, as lawyers have a tendency to wait until the last minute.
You need to have a very direct conversation with your attorney, ask for an immediate answer on when the statute of limitations will run out -- the attorney should have that answer immediately available -- and ask whether the delay is because the attorney is too busy to have prepared the complaint or whether there is some other reason.
If your attorney will not immediately give you at least those answers, you need to find another attorney -- quickly.
2007-10-15 06:26:15 · answer #2 · answered by coragryph 7 · 1⤊ 2⤋
Agree with the above--take the reins of the case. Talk to the attorney, tell him you're concerned that he hasn't been keeping you apprised of all the case developments and that you are worried about filing your claim. Ask him directly "when does the statute of limitations expire?" If he doesn't know that after 6 months, he should not be representing your interests and you should take your business elsewhere.
2007-10-15 06:22:04 · answer #3 · answered by fredo 4 · 0⤊ 0⤋
It can take months, often a year or more to get the point where a thorough and accurate complaint can be filed in a malpractice lawsuit.
2007-10-15 06:12:25 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋