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Lawyer had case for an entire year then decided not to represent me, leaving no time to find another lawyer.

Lehigh Valley, PA |

I hired an attorney for medical malpractice. I have a severe life altering permanent medical injury & will need medical care the rest of my life with extreme costs.The 1st lawyer for medical malpractice scrambled at the last minute,couldn't find witness, 2yrs. were up.I was advised to hire another lawyer for legal malpractice. I did this & lawyer said they'd help me. Almost a year to the date of signing with the firm,I received a letter stating my file was closed (just out of the blue), leaving me no time to find another lawyer.I believe the lawyer may have sat on case for the year, they would not talk to me about it. I need assistance and because of this I have no time left in my state due to the 2 yr. period for filing. Can I do anything, my medical condition continues to worsen?

Attorney Answers 3

Posted

By "your state" you mean PA. Correct? I'm also understanding no civil complaint has been filed by either lawyer/law firm. Is that likewise correct?

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Yes, Pa. The first lawyer filed a complaint. Had trouble finding a witness expert eventhough I had numerous physicians to help. Witness expert I had to find didn't help and a cert of merit was not filed. Lawyer didn't want to help me anymore. That was the first 2 yr. period for malpractice and I had no recourse left to find another attorney which I was advised to do. So, I searched for help and was told to hire a legal malpractice lawyer with regard to the first case and the way it was handled. I signed with the other lawyer and had exactly 1 year for assistance before the second statute would run out for legal malpractice now not medical malpractice as the first lawyer ruined my chance for that. I never received any information other than I would receive help for what happened to me. I am not sure if a complaint was filed by the second legal malpractice lawyer. When I was advised to get my records, I was told by a secretary that they had to pull their papers before I could pick up my files. Something just isn't right and I had no time to find another lawyer for my case. This lawyer let my time run out and did not work on the case aggressively by the way I was treated by the firm.

Posted

It is unclear to me which two year time period you are speaking of as having run. You also have two years from the time you knew or should have known of lawyer negligence within which you must pursue a legal malpractice action. If that two year period has run you are likely out of time.

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Posted

If no complaints were served before the statute was up you are most likely out if luck here. You do have the right to report them to the bar for missing the statute dates. Or sue the legal all practice attorney for legal malpractice,

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The first lawyer filed a complaint for med. malpractice. Time ran out because of bad expert witness. Cert wasn't filed. The two years were now up. I no longer, according to the state, could find another lawyer for med. malpractice. It was very disturbing considering the nature of the permanent injury I sustained. I was advised to hire a second attny. for legal malpractice, not med. malpractice for the problems with the first lawyer. I didn't know I could do this and that is why I didn't do it until a year later when I was advised that I should do something else to help myself for what happened to me.I did this a yr. later,(after the 2 yrs. were up from the first med. malpractice attny) This left me with 1 year for an attorney to help me before the second 2 yr. period would be up for filing with the legal mal. attny.I believe a complaint may have been filed by the second attorney but never received information from the firm. I was cut off without any notice, and for an entire year thought that the firm was working on my case. There is more to what happened that I cannot discuss here

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