Is it legal malpractice if my medical malpractice attorney never obtained expert review of my medical records? He lied to judge.

Asked about 2 years ago - Sacramento, CA

Before I signed contract, attorney said he would begin case w/ expert medical review of med records by an appropriate specialist. The complaint, motion for puntive damages, etc., were done but without the necessary expert input and factual reasoning. I later learned that my attorney never had an expert review. He lied to judge in hearing that he did have an expert. The medical negligence, breach of consent, med mistakes, and damages to my body are VERY clear and there was abundant clear evidence to prove the facts. But my case was ruined, then dismissed w/ prejudice because my attorney could not put forth the correct/complete facts since he didn't have an expert explain breach, deviance from standard of care directly caused injuries. I asked atty for the expert's name , he lawered up

Attorney answers (3)

  1. Rebekah Ryan Main

    Pro

    Contributor Level 18

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    Answered . Of course, I do not know any of the facts of your case. However, based on the assumption that you had a good case, which was dismissed with prejudice for your attorney’s failure to obtain an expert to criticize the doctor defendants (this is absolutely required no matter how clear the malpractice may appear to you and me), then yes, this sounds like malpractice. Proving legal malpractice involves proving that you would have won in the first place and that it was your attorney’s negligent errors that prevented you from winning. That’s a tough row to hoe. Hopefully your attorney was insured.
    You may also complain to the bar.

    Best of luck to you.

    Attorney Rebekah Ryan Main


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    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.

    This response is intended to be a general statement of law, should not be relied upon as legal advice, does not... more
  2. James Michael Slominski

    Contributor Level 14

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    Lawyers agree

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    Answered . While I cannot give you legal advice in this forum, I believe your best option is to take all of your medical and legal records to a legal malpractice attorney near you to go over the matter. There are many legal malpractice attorneys who will take a case on a contingency. I do not believe you will have a problem having your case reviewed as part a free consultation.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL... more
  3. Marc Edward Stewart

    Contributor Level 16

    4

    Lawyers agree

    Answered . Speak to a local CA legal malpractice specialist. Assuming the underlying medical negligence case is valid, you may well have a legitimate claim for legal malpractice. A local CA lawyer will help you navigate the local laws and statute of limitations. Good luck.

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