Suing Opposing Counsel For Malpractice In New York
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The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice.
Ing to a study from the National Library of Medicine, the defendant tends to win 80% to 90% of jury trials that have weak evidence of medical negligence, 70% of jury trials in borderline cases, and 50% of cases with strong evidence of medical negligence.
Physicians win approximately 80% to 90% of the cases reviewers believe they should win, approximately 70% to 80% of the cases rated as toss-ups, and roughly 50% of the cases deemed by peer reviewers to have strong evidence of negligence 18.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
Winning a medical malpractice claim can prove very difficult. However, that does not mean that you cannot win. If you suffered a serious injury due to the negligence of a medical care provider, you deserve compensation for those losses.
If the client lays out specific instructions for the attorney and the attorney goes against them, the client can claim malpractice. Even if the attorney believes his or her actions to be in the client's best interest, it is a breach of trust and fiduciary responsibility to the client to go against their wishes.
Medical malpractice cases are some of the most expensive and difficult cases to pursue in litigation. Statistically speaking, of those cases that do go to trial each year in this country, almost two-thirds of them result in a verdict in favor of the health care provider.
Cons of Going to Trial in a Medical Malpractice Case: Uncertainty and Lengthy Process: Trials can be unpredictable, and there's no guarantee of a favorable outcome. Higher Costs: Trials involve substantial expenses, including legal fees, expert witness fees, and court costs. Public Exposure:
Send a final meet and confer letter. If you've requested dates multiple times (hopefully in writing) and still no response, unilaterally set a date. If opposing counsel then objects that he/she/the client is not available, tell them that's too bad and that they've been given multiple opportunities to set a date.
