Q: Subpoenaed docs, in Merssa (SP?) system, 'somehow' didn't make it into my exhibit list to AME Dr. What do I do?
I have negligent lawyers, & I just am trying to make it through the AME stage making sure to pick up the pieces.
There was extremely important evidence from a practitioners, 2 actually. One of which I caught how the subpoena didn't actually happen for the one, got him to email the files, though the AME doctor didn't open and those links are expired. However, the REALLY important documents directly linked to the lawsuit, didn't get in at all, though Gemini confirmed they were uploaded for them to be in at least the 2nd AME appt. I had...but weren't.
THE QUESTION: Is it okay for me to just print out what Gemini got and the links that are expired of other practitioner & just drop off at the AME doctor's office. I did give a list before I left 2nd AME appt of these exact doctors that he should be in receipt of per subpoenas already accounted for, & I'm literally just doing messenger work to salvage whatever lawyers failed to do. Is that ok to do?
A:
In California, managing the submission of evidence in legal proceedings, especially in cases involving medical evaluations, requires careful adherence to rules and procedures. If critical documents were not included in your exhibit list for the Agreed Medical Examiner (AME), taking proactive steps to rectify this oversight is important. First, it's advisable to communicate directly with your legal representation about the oversight, emphasizing the significance of the missing documents to your case.
If you're considering delivering the documents directly to the AME's office, it's essential to understand that while your intention is to ensure all relevant evidence is reviewed, this action should be coordinated with your lawyer. Typically, evidence and documents should be submitted through proper legal channels to ensure they are officially recorded and considered. Directly providing documents to the AME without going through the proper channels might not be the standard procedure and could potentially complicate the process.
Therefore, you should work closely with your lawyer to ensure the documents are submitted correctly. If the situation with your current legal representation does not improve, seeking a second opinion from another lawyer might be beneficial. This step can ensure that your case is being handled with the diligence it deserves, and all necessary evidence is properly submitted and considered.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
