Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.
2 years of medical records not admitted due to my Lawyer did not get records into evidence.
4 different chronic, progressive, and eventually fatal all because my lawyer missed the timely
submission of these records. Administrative Law Judge angerly told me and especially my Lawyer
that he was not going to allow the medical records into evidence. This situation made me physically
sick. My Lawyers malpractice caused my health professionals angry. They are helping me any way they can
to make this situation right. i would like to sue this Lawyer. i have already fired him. Do I have a case?
A: In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on the underlying (original) claim for which you hired your attorney. I suggest that you contact an attorney who regularly handles legal malpractice claims to discuss possible representation.
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