We asked Mr Anderson to represent my wife in a malpractice case. We filed the case with our District Court ourselves while he said he would review the case.
We heard nothing from him until the last moment when we had to contact him. He told us the case ‘didn’t fit’ his firm well. There is no time left to find another attorney.
Response from Lynn Anderson January 31, 2020
I have never met Mr. Stanco or his wife. They were referred to my office on July 16, 2019. I spoke to Mr. Stanco and learned that the statute of limitation on Ms. Stanco’s claim for medical malpractice ran in 4 days, on July 20, 2019. Mr. Stanco did not realize that the statute of limitations was about to run. I explained that there was not enough time for my firm to: 1) evaluate his wife’s med mal claim; 2) obtain the records needed for the evaluation; 3) determine if she had a valid med mal claim; 4) draft the Petition and get it filed. I advised Mr. Stanco as to exactly what he needed to do to save the claim and get a Petition filed. Mr. Stanco was able to file a Petition in time. After I was able to confirm that Mr. Stanco had filed the Petition, I began a review of the very limited medical records Mr. Stanco provided. After reviewing the records, spending a considerable amount of time researching the medical issue, consulting with medical experts, consulting with other attorneys, I determined that my firm would not be able to help Ms. Stanco. I advised Mr. Stanco that the beginning cost alone, for experts and records that would be needed, would be about $25,000. Furthermore, I had reservations about being successful with the claim. Mr. Stanco is upset that I would not accept his wife’s claim and spend my firm’s money on her claim. I have not charged them anything nor did I expect to be paid for my review of her claim. Mr. Stanco is now claiming that there is not enough time to find another attorney. This is completely false. The lawsuit has been filed. Mr. Stanco needs to proceed with service on the lawsuit. In the event that a worst-case scenario where to occur and the court dismissed the lawsuit for lack of service, due to Oklahoma’s saving statute, she has one year from the date of the dismissal to refile the lawsuit. They have more than enough time to find an attorney, unless they do nothing and wait until the last minute, like they did when they contacted my firm. I went out of my way to try to help the Stanco’s and spend a considerable about of time and energy in that effort to help them. It is sad that they do understand the process that I tried to explain to them.