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Ricke

Junior Member
What is the name of your state? OH
What are some examples of damages to be considered in a legal malpractice suit other than lawyer fees?
 


weenor

Senior Member
In order to prevail on a malpractice case, you must show that you would have gotten a sum certain had the attorney done what he/she was supposed to do. That amount is your damages. If you can prove the attorney acted willfully then you may be able to get punitives.
 

Ricke

Junior Member
??? Again

Thank you for your resopnse!
In short:
Sued anesthesiologist & hospital for intubation blunder & damaged vocal cords w/unsuccessful nasal attempted intubation due to right deviated septum...., unsuccessful left nasal intubation attempt & finally vocal cord damage.... Sent prior to hospital dismissal to speech therapist...had 2 voices at that time...underwent 1 year + voice therapy etc... Off work for over a year, living off savings, Ins. pmnts. too high, blah, blah, was forced to retire.
Sought:
2 lawyer firm
Lawyer 1 ,
Sent me to a voice specialist for analysis. Unknown outcome to me.
Deposed w/ Lawyer & hospital reps. & recrder.
Later told by L1 that to save me from paying more money for any more expert opinions, case will be close with option to revisit within a year.
L1 sends bill. Never heard from again.
I called to come in, pick up records & pay bill. L2 tells me over phone L1 is no longer there.
& that he is working for the hospital...same that I was deposed in front of.
L2 re files & never initiates a call or sends any written info.
My last conversation w/L2 was that he was working on finding expert & would call back in about two weeks. I have never seen L2 and have had only phone conversations at my initiation.
Later I find case had been closed 2 months prior to our conversation. He had a chance to respond...30 days, & had done nothing...not even told me...!!!!
I have heard nothing from him to date. ....[months later]
...Was case winnable??? Without info. I can only, at this point, assume not.
...I have had many subsequent surgeries & informed L2. Surgeon was never contacted when I inquired in follow up visit.
...Is that willful neglect on their part?
...Was expert ever sought by L2?.....I don't know
...Did L1 not pursue/ not wanting a conflict of interest & already hired by hospital? I don't know
...Was I sold out by L1???...hummmmw
...Did L2 do anything but file? ...Again, I don't know
...Was I denied the ability to seek vigorous representation?
...Wasn't I entitled to be vigorously represented? ..or told SOMETHING?
...Was/is justice purchasable?....more $$$ more experts?
...Am I simply collateral damage? ...and if so, what's that supposed to be worth to me?
...Justice???
...Damages?
 
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