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A firm had my medical mal case for 16 mo. They told me they had filed suit. Then lawyer called me & said they changed mind

Exeter, NH |

I had been told on daily basis that case was filed. I asked for copy of pleadings and did not get them. Out of blue I got call from Atty Novatny (MA fisaying that he did not like NH tribunals & that his NH counsel had conflict of interest. He had several expert thumbs up. When I told him that it was a horrible thing to do to someone (I have cancer) he refused to speak to me and sent me to their lawyer. I just wanted to know why they would tell me they had filed and lead me on for a year. They did this to several other ppl (I have met them from atty review boards, etc. I missed my SOL because of them. They told me & several others they had filed. They ruined any hope at an action. This attorney said it was not worth the work so why did they take the case and then change mind? Thoughts?

Attorney Answers 2


  1. Consult with a legal malpractice attorney in NH.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  2. Sorry to hear about your situation. If an attorney takes your case, that attorney is obligated to keep you reasonably informed about the matter and to protect your interests. Even if your attorney changed his/her mind and decided to withdraw, your attorney should have done so prior to the expiration of the Statute of Limitations
    so that you would have an opportunity to try to find substitute counsel.

    If you missed the Statute of Limitations because of your attorney's inaction, you may have a malpractice suit and a bar complaint. Please note, however, that in a malpractice suit, you must show that you had a viable case and that you would have prevailed in court. This second part of a malpractice claim can be difficult to establish, especially with an underlying medical malpractice claim. You should consult with a malpractice attorney to better understand your rights. There is a Statute of Limitations for legal malpractice, so you should determine what that Statute is in your state. Best of luck.

    NOTE: this answer is not a substitute for legal representation. As with any legal matter, you should obtain legal counsel to better understand and protect your legal rights.

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