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I was diagnosed with cancer in Jan, 2010. My oncologist agrees that surgeon missed diagnosis in March 2009. SOL In NH & ME

Dover, NH |

I had an atty working on this and when they went to use their in state counsel, they found that this counsel had a conflict of interest because that doctor is their expert witness. After being told that the case was filed, I find myself high and dry. I have severe permanent pain from radiation burns & scaring, and loss of functions in 3 organs. I can't believe the attys office told me they filed the case & lied to me & others & now I am worried about the statute of limitations in ME and NH. I have three medical experts thumbs up but they had case for over a year before finding out about the conflict. Their associate's relative is also lawyer for hospital as well as other conflicts. What is statue of limitations in both states please and how can I get someone to take a look at this?

Attorney Answers 3

Posted

Find another attorney in your area, ASAP! to discuss your options. Use AVVO or any other legal referral source for medmal attorney's.

The response herein is for informational purposes only is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. I am a lawyer licensed in the State of Maryland only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.

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Asker

Posted

I live in a small area. I am trying. Thank you.

Posted

Your question suggests to me that you may not clearly understand exactly what is going on. Specifically, was your case filed or was it not? I gather from your question that you retained a lawyer in a state other than where the action was filed, and your attorney had associated counsel in the state where the action was to be filed. If your case was in fact filed, the statute of limitations should not be a concern. It is the obligation of the attorney you retained to find you substitute local counsel. If the case was not filed in time and statute was blown due to their neglect or that of their associated counsel, your lawyers may be liable for legal malpractice. I advise you to sit down with the lawyer you retained and go over all the facts before taking any other steps. It may be this was a glitch and not a disaster.

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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3 comments

Asker

Posted

This law firm stated one thing verbally and another in writing. The counsel in NH told me of the conflict. The law firm in MASS told me that they were not going forward (after telling me it was filed already) because the trial attorney who had been assigned a year into the case did not feel good about it. I found out from their in state counsel about the conflict, so they told me one thing when the truth was the conflict. When I pressed them for why they lied to me, they had an attorney send me a certifed letter threatening me. If you look up Lubin and Meyer in MA (reviews at various sites) they have done this to several people after they string them along. There was no reason for them to take an adversarial approach and refuse to discuss why the 180 degrees. I guess they wanted to hide the discovery of the conflict so late in the game. The attys I retaiined will NOT sit down with me and in fact refer me to their atty, and this is their method of treating clients they dump after one year. Any ideas what to do? Thank you.

Asker

Posted

I just wanted to add the minute that ppl hear that these lawyers did this, they assume that the case falters on the merits, but in reality three medical experts (including theirs) gave it strong thumbs up to go ahead. The firm said they also did not want to deal with NH's tribunal system, but should they not have realized on day one that this is what they were looking at? I am left with severe chemo brain and other side effects and would give an atty who took the case a very high percentage--theirs is 40%--I would do what the max legal was. My job was thinking with my brain and that has been ruined. Thanks again. Also, every thing I say here I can back up. I have records and experts info.

Asker

Posted

Oh, as to the case being filed or not, I was told by their attorney that it was actually filed. I called the court where it would have been filed for months and it never happened. I feel as though I have been led on. I am bringing a case to bar counsel now and have several witnesses that were privy to these matters.

Posted

Sir or Madam,

I am sorry to hear about your health and legal dilemmas. As Attorney Brophy mentioned, there does seem to be some confusion over the issues, and it is best advised to sit down with your counsel to gain a clear understanding of exactly where your case stands.

Should that not work for you, I would be glad to sit down with you and discuss your options, as they may be numerous. In the state of New Hampshire, any lawsuits against a medical professional due to negligence must be filed within the state statute of limitations, which is generally 2 years from the date of the negligent injury. In cases where a foreign object was placed or left in the body of the victim, and that object was not immediately discovered, the plaintiff has 2 years from the date of injury or from the date at which the injury was discovered or should have been discovered to file a malpractice suit. If the medical malpractice injury resulted in wrongful death, a suit to recover damages for that negligence must be filed within 3 years of the date of the death of that victim. These laws apply equally to minors 8 years old and older, as well. Minors under the age of 8 must file malpractice claims by their 10th birthday.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT A QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

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2 comments

Asker

Posted

The attorneys told me that their having my case for one year was OK because NH ruled it unconstitutional to have a SOL. They dumped the case with several months to go on the two years, and this caused MANY lawyers not to want to touch it, but they sweared that NH has no SOL. They did me more harm than the docs.

Asker

Posted

I actually think I have a better legal malpractice claim, since they stopped talking to me for no reason and hired a law firm to intercept my questions as to why they did what they did.

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