I was represented by a law firm for a medical malpractice suit in CA. They filed an extension ststing they were reresenting me

Asked about 2 years ago - Lincoln, CA

The then send me the IM SORRY letter 10 days later. tHEY HAD MY CASE FOR OVER 10 MONTHS. wHAT DO i DO NOW?

Additional information

Thank you for your response. I am wondering if I can ask them why they filed the extension and stated they were representing me in a med mal case in excess of $1,000,000 ? So yes, no suit has been filed My statute with the extension is 10/31/12. I have the entire box of records. I know its not a cut and dry case- like left leg v. rt leg amputee, however I really need to do this. I lost my home, job and will not be able to go back for 18-36 months and never back in my same field due to nerve damage. I know that most med mal cases are NOT taken by law-firms, I was 9/10 are turned down. Can I use a personal injury attorney , or do I need med mal? Thanks

Attorney answers (2)

  1. Gregory Lynn Johnson

    Contributor Level 7


    Lawyers agree

    Answered . Your first priority to is protect your medical malpractice case. From your description, it sounds like suit has not been filed, which means the statute of limitations is running, and you need to act quickly. Take that letter from your (former) lawyers, as well as any other file materials you have, and make an appointment with another medical malpractice firm immediately. They will be able to tell you where you stand. You can use AVVO or a lawyer referral service in your county to find a lawyer.

    IF you find out that the prior lawyers allowed the statute of limitations to run or "dumped" you only a few days prior, then you may need a legal malpractice lawyer, but that is premature. In fact, you have a duty to do everything you can to preserve your original claim, but again, please act quickly.

  2. David J. McCormick

    Contributor Level 20

    Answered . You need to get your file and find another malpractice attorney ASAP. As stated, if your statute of limitation does run, then you will need a legal malpractice attorney.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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