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Would the court put a medical malpractice case on the trial callender with no expert witness and if the case was not proven?

New York, NY |

i am 46 i had a total knee replacement and woke up with foot dropp. i then developed RSD and was given an emg showing a deep perphale nerve damage/injury. i went to a lawyer and he took my case we are at the end and my court/trial date is June 15,10. on thursdaly the 8th came to my residence and advised he could not find an expert witness . He then showed me some litature and said that the dr is not guilty of negligence

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Attorney answers 1


It is highly unlikely that you can prevail in your case without expert support. In fact, I would be surprised if you have not already passed a court-imposed deadline for naming expert(s). I am quite concerned about the posture your case seems to be in. You seem to be finding out awfully late in the process that your case is without merit. I suggest that you consider seeking a "second opinion' from another experienced medical negligence attorney. good luck.

The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

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