Need Board Certified Lymphoma Specialist to Get Certificate of Merit for Malpractice Case in Wilmington NC..please help

Asked about 2 years ago - Wilmington, NC

My fathers death is directly related to the horrific medical care he received for lymphoma treatment, everything from undertreatment, delays, and undetection. His own doctor created a relapse of a highly curable cancer, not only this but let cancer go undetected during his initial chemotherapy. I could go on and on. No lawyer will touch the case without a certificate of merit which ill gladly pay out of pocket. Could someone please give me some direction as to how to go about this process? Thanks so much!

Attorney answers (3)

  1. Timothy Lawrence Van Eman

    Contributor Level 9

    3

    Lawyers agree

    Answered . The fact that you say "no lawyer will touch the case without a certificate of merit" says to me that the lawyers you have been talking to think the case isn't worth pursuing. They are using the "certificate of merit" comment as a nice way of saying they aren't interested.

    If the case was appealing to a lawyer, the lawyer would spend the time and money to find an expert and get the certificate of merit. There are many reasons why a lawyer might think the case lacks value. You say little about your fathers age, his other health conditions, etc. Also, the cost of pursuing a case such as the one you mention can easily reach or exceed $100,000.00. This doesn't count the contingency fee. So, I'm guessing that lawyers who have already spoken to you have done a rough calculation as to the ultimate value of the case if they won, compared it to the cost of pursuing it, factored in the chances of success, and have concluded it's not worth pursuing.

    Please note: A response to a question on AVVO does not constitute an attorney client relationship.
  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No malpractice attorney expects you to walk into their office with a certificate of merit from a qualified Dr. Finding the right qualified Dr. is usually the job of the attorney. If you are willing to pay for the Dr.'s review of the record and his opinion, I am sure a malpractice attorney can locate the appropriate expert and get everything accomplished. I suggest you contact some other personal injury attorneys in the area and tell them you think you have the funds available to pay for a medical review.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

  3. Andrew Ronald Gillin

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . As a general rule it is the attorney who finds the doctor and not the client. If the attorney is telling you he doesn't know of a doctor who will give such an opinion you might try talking to another attorney. Good Luck

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