She had just seen an ad on TV for attorneys going after the makers of metal on metal hip. So we have contacted this attorney I believe is based in Texas about four or five times in regards to her new ailments arising from the metals in her blood. He told us to go see what the actual hip Dr says about it. That Dr obviously is on the side of the makers cause he said does this hurt. Just routine check-up. I don't think he took anything we said into consideration cause he said your fine have a nice day. We got blood tests which had heightened amounts of metals, still no reaction. EVERYTHING in the book that has to do with metal on metal hips, she has a mild to severe case of and pretty soon it will be too late and she will be so crippled she would be able to move. What can we do at this point?
Clients can by signing a consent to change attorney switch to new counsel. Beware however that there are different legal retainer rates in different states so by switching you may be crating issues that can significantly affect your recovery. It is always best to sit down with current counsel and try to have them understand (and hopefully address) your issues.
I agree with my colleague, Mr. Wolfe, that it is generally best to talk things out with your current attorney in the hopes that confidence can be restored and your legal claim can move forward. However, the concept of "right to counsel" includes your right to change attorneys if the situation truly requires such action. A "new" attorney that you prefer will customarily work out all of the details with your current (soon to be "old") attorney. Often times, a "new" attorney will voluntarily smooth things out such that you can happily stay with your current attorney. Every situation is different. I wish you the very best.
I agree with Mr. Wolf and Mr. Oliveri. That said, I'm not sure from your question that you have hired an attorney. You said you contacted a lawyer and were advised that your wife should see a lawyer, but is the attorney representing you? Did you sign anything? If you did NOT then you may be able to talk to other lawyers and find one with whom you are comfortable. Similarly, if you are uncomfortable with the medical advice that your wife is getting from the doctor, then you should seek a second opinion.
Sounds like you haven't retained anyone yet.
The lawyers that advertise on TV aren't necessarily the ones who handle the case. In many cases, they are just marketing for other law firms.
I know a trial lawyer in California (LA area) who handles metal on metal hip implants. If you'd like, I can put you in touch with her and you can see whether she is able to assist.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
She is free to get a new lawyer, but best to schedule an appointment with current attorney to discuss.
A lot of this depends on if you are currently under retainer by the attorneys you have contacted. If you formally signed an Authority to Represent or contract with that law firm then you are currently represented by them. If you only contacted them for mere inquiry purposes then you are free to consult other attorneys for representation as well. In dealing with these complex medical device cases such as metal-on-metal hips it is beneficial to consult an attorney/law firm who is very experienced and skilled in these practice areas.
Generally, hiring an attorney means one has signed, inked, executed, a contract with the attorney... a retainer agreement... if not, then there is likely no enforceable agreement (absent some factors like detrimental reliance that are too complex to discuss here)... as for hip cases, there are many types of cases... and this niche area of law is practiced well only by a small number of lawyers... so, should one have such a case, one should hire one of the lawyers doing these cases... some of us do them... others do not.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
* Dr. Paul J. Molinaro, M.D., J.D. (Attorney and Physician) ** This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. *** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation, medical malpractice, personal injury, health supplement litigation, and real estate law and does so anywhere in the State of California. **** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.
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