Q: This is a legal malpractice question.
I am a victim of medical malpractice. I went to this hospital because I was having pain in my legs and feet. I was talked into a decompression surgery saying all my problems was connected and if I had it I will be 85% better. They left me in tremors and
tried to make it look like I had them before the surgery.
This attorney had offered to help me in a medical malpractice suit against 2 facilities. She never investigate or read my medical records.
Because if she would of all the problems they said I had (as far a different diagnoses)they said I had these things before the surgery which I have overwhelming proof that I did not have or ever had a tremor in my life. I suffered from post op tremors and how they missed the lies and made up things on my medical records. My question is, when a lawyer is negligent, breach of fiduciary, made to many errors then dismissed my case. Is that legal malpractice. And how can it be proven without a lawyer no one wants to look at my evidence.
A:
Sit down with a local lawyer who handles legal malpractice cases to go over what happened.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. 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.
A: If it's under two years, find a lawyer who handles medical negligence cases.Most give free consultations. It could be that the "tremors" you have are within the range of complications you were advised about before the surgery when you signed the "consent" form that said that if you had disc surgery you could have nerve damage that would be permanent, possibly paralysis, etc., and she couldn't find an expert to say that what you had was due to carelessness. A bad result does not equal malpractice--you need medical experts and they may not have been willing to testify your way. And she may have done a lousy job of explaining that. But first step, if you are under two years from surgery, is talk to medical carelessness attorneys. If nobody wants to look at your evidence that's telling you that maybe it isn't the home run ball you think it is.
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