Q: In a med mal case if the plaintiff cannot get the medical records and her attorney refuses is this fiduciary breach?
The plaintiff was unable to obtain the medical records after several attempts from the defendants. The plaintiff's attorney blatantly refused to try to obtain the medical records. Therefore there were no records for the medical expert to review and the case was lost before it had has chance to move forward. Does this constitute attorney breach of fiduciary duty in California?
A: It might be professional negligence.
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