According to you the statute of limitations
expire in April, 2013 . . . that's when you
MUST file your lawsuit. Until then . . . your
attorney may investigate to determine how
to proceed . . . if at all. I would give him a
deadline sometime in the fall (2012) to file
or get another attorney to file. Your case
may have some problems and not be as easy
as you may think. Every case has its own
merits. Good luck!
THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.
It's usually not possible to determine at a consultation meeting if there is a viable claim. Investigating a medical malpractice claim can take months. Drafting a complaint and filing an action takes a couple of hours at most. The discovery and court process takes years.
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The investigation of a medical case can take awhile. You indicate that the statute of limitations expires in April of 2013, so according to your information, that is when he MUST have it filed it. However, it should not take that long to investigate. Speak with your lawyer, find out what is going on, what he is doing to investigate and when he/she plans to file. I am not licensed in your state, but many states make plaintiff jump through a number of hoops before they are able to file and sustain a case, so it could be your lawyer is address some of those issues. Make sure that if you have questions or concerns that express them to your lawyer... he can’t address them if he doesn’t know about them. If you are not comfortable with the responses you get, you may consider finding someone else who you are more comfortable with... but first things first... call your lawyer and have an honest conversation with him/her. Good luck.
See a good local lawyer right away
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