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Lawyer reprimanded in botched medical malpractice claim

| Jul 14, 2017 | Surgical Errors

Those in Queens who feel as though they have suffered due to the error of a doctor or surgeon may feel justified in pursuing compensation. However, the emotion that they feel may need to be tempered by the knowledge that initiating legal action is a complex process that mandates certain requirements be met. Typically, one can rely on the assistance of an attorney to provide that legal knowledge. Yet if one’s attorney also gets swept up in the emotion surrounding one’s story, who is left to then ensure that one’s case is handled properly?

This question may be on the minds of an Alabama couple whose second attempt at filing a lawsuit against the providers they believe to have been negligent in their case was dismissed. Along with the dismissal, the lawyer handling their case was reprimanded by the state bar’s disciplinary committee for his handling of the matter. The couple’s initial lawsuit, which was filed in response to the man claiming that the doctors who were supposed to perform a circumcision ending up amputating his penis, was dismissed after the judge hearing it ruled that it did not meet the standards required under the state’s medical liability act. Yet he did offer the couple’s attorney the chance to file an amended claim, which the attorney subsequently did. However, little was done to actually amend the claims made in the initial lawsuit, which led state officials to determine the attorney had not adequately reviewed the man’s medical records, and thus made baseless claims in his petition.

The merits of a medical malpractice lawsuit should come down to what was actually done, not the actions of one’s attorney. Thus, those wanting to take such action may wish to work closely with an attorney to ensure their claims are clearly represented.

Source: AL.com “Alabama lawyer who filed penis amputation lawsuit disciplined” Faulk, Kent, July 06, 2017

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