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A 'Motion to Compel' was filed by defense in my med mal case for 23rd of this month. Do I have to appear? What do I need to do?

Cincinnati, OH |

I filed a medical malpractice complaint in 2008. Requests for rog's and docs was requested and completed on both sides. My case was dismissed in 2/2011 by my attorney at the time and re-filed in 2/2012 by another attorney who has since quit. After my case was re-filed, defense again requested rog's and doc's. I was supposed submit by last May I think... I didn't comply because I've been dealing with many health issues brought on by the botched surgery (I didn't consent to) I'm suing about. I only learned about the 'Motion to Compel' last night via the Internet. I just happened to look my case up on-line.. I did't receive anything via mail. 1) Do I need to appear on the 23rd? 2) If so, what do I need to have me with, if anything? Thank you for any advice on this

If I comply and submit the requested information now, will I still need to appear next Wednesday for the 'Motion to Compel' and be prepared to 'explain' the delay? I already signed all medical release forms after my case was re-filed so they have all the needed medical/disability information. And, they have all other pertinent info related to my case because because I answered rog's and produced docs the first time my complaint was filed. It's not as if I've been holding back on info they need and don't have. They have it.

Attorney Answers 4

Posted

If you do not have an attorney then of course you need to appear. You should also explain to the judge then you never received any paperwork and found out about the hearing on the internet. You really need an attorney because your failure to provide this information could result in the dismissal of your case.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Michael Lewis Eisner

Michael Lewis Eisner

Posted

I would discourage anyone from handling a medical malpractice claim on their own. That being said, call the Court and ask if it is an oral or a non-oral hearing. You will have to file an opposition to the motion. You should also call the defense attorney (if you currently don't have an attorney) and try to work out the discovery dispute. Following Court deadlines and requirements is critical in all cases.

Posted

Generally the court will make a tenative ruling. If you are unsatisfied with the tenative ruling you will need to appear. Prior to a motion to compel, counsel are often required to "meet and confer' meaning that they need to contact each other and try to work out their discovery disputes. You need to prepare to argue why you should not have to provide the information they are requesting as well as the applicable law and legal reasoning behind the law. I would recommend finding an attorney who will fight for you. Best of luck.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

A motion to compel is a step toward getting your case dismissed for failure to provide discovery. Your case has already been dismissed once. Now you don't have a lawyer. Without a lawyer, you don't stand a chance. Find yourself a lawyer or drop the case.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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Posted

Did your old lawyers tell you why they were withdrawing from the case? The motion to compel is just the tip of the iceberg for you. I suspect that you also haven't hired expert witnesses that are likely required to prevail. For these reasons and more, I would discourage anyone from handling a medical malpractice claim on their own. That being said, call the Court and ask if it is an oral or a non-oral hearing. You will have to file an opposition to the motion. If you are past due, you will need to file a motion for additional time. You should also call the defense attorney (if you currently don't have an attorney) and try to work out the discovery dispute. Following Court deadlines and requirements is critical in all cases.

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Asker

Posted

Thank you for the response. I learned that the there is also a 'Motion for Summary Judgement' based on no Affidavit of Merit filed with my complaint. There was and it's a part of the record. I can speak to that. I also learned that all motions have been sent to the wrong address for me. So, I can speak to that also. My former doc already admitted via depo that he purposely had me knocked out before he arrived for surgery so he could purposely obtain consent from someone other than me for my 'elective' surgery and he admitted he 'altered' my medical record after I requested and rec'd a copy of it. The O.R. nurse admitted she knew she obtained illegal consent for surgery. My medical records substantiate blatant malpractice. My case is very solid and defense knows it. They tried to get the case dismissed last August but the judge didn't dismiss it. My first lawyer and I had a disagreement about how he was handling my case and a long-time friend wanted to take over my case so we all agreed. The second lawyer lost his license though... The third lawyer never intended to take over my case as he does not do med mal. He agreed to re-file my case because he didn't want to see me lose the opportunity to seek legal remedy as I have such a good case. I have 4 experts who've reviewed my case and who've agreed to testify against my former doc and hospital. I have been the paralegal for my case and I prepared the documentation for expert review. I do realize that I need an attorney to take over for me. I'm working on that...

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