I have spoken with 2 attorneys office and neither has ever contacted me back! I had a hip replacement and told the doctor for six months that I was in more pain after the surgery than before! Finally after getting no results I went to seek a second opinion. The new doctor looked at my x-rays for a brief minute and told me that my implant was not right. That the first doctor had installed a implant that was too small. I have now had a second surgery done to fix what was messed up the first time. So my question is do I have a case? Do I need to pursue this any further? Or should I just leave well enough alone?
You probably have a case that is not worth pursuing. These cases are expensive and difficult. If two attorneys turned it down that is probably the reason.
You have to mitigate damages. That being said, even if you didn't mitigate there may still be a case. Contact more local attorneys. Several may turn it away, but I know plenty that have made a fair living off reject cases.
If the 2nd surgery totally repaired the damage, and essentially your condition is where you should have been after the first surgery, your monetary damages are limited to the cost of the 2nd surgery and the 6 months of pain. Because medical malpractice cases are so expensive and difficult to win, there may not be enough potential recovery for an attorney to take it on.
Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and specifically understands and agrees that no client-lawyer relationship has been established between Bradley A. Coxe or Hodges Coxe Potter & Phillips LLP and the inquirer. http://www.hcpplaw.com/2010/07/curb-your-enthusiasm/
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