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    alonaaw's Avatar
    alonaaw Posts: 1, Reputation: 1
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    #1

    Jul 18, 2010, 08:00 PM
    How do I respond to a request for summary judgement in a medical malpractice suit
    My son is a quadrapalegic due to in my opinion and others medical malpractice during labor and delivery. However we had an attorney get the ball rolling for us, then responded incorrectly to things and then dropped us. As soon as he did the defendants filed a motion for summary judgement. I don't know how to respond. Please help
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jul 18, 2010, 08:09 PM

    Hello a:

    Without a lawyer, you can't win. Hire a new one, or throw in the towel.

    excon
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #3

    Jul 19, 2010, 07:38 AM

    Very sorry to hear about your son. Excon is right, you need a lawyer, especially in a case with such huge damages. I can't imagine any lawyer that would drop your case unless there simply wasn't malpractice. Have you tried to get another lawyer?

    A motion for summary judgment will end your case if you lose. You need to present expert affidavits in most cases which means paying a doctor.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jul 19, 2010, 11:15 AM

    You need to do something immediately as in getting another attorney involved in this case or you will lose the case completely at the time of the MSJ hearing! Try shopping around for another attorney who will take your case on a contingency basis. That may be impossible since it's a malpractice case and the costs could be quite high. That may be why the other attorney bailed out as he couldn't keep paying for the experts. Med Mal cases are norotiously expensive to try!!

    Hopefully you have gotten your son's entire file with copies of the expert's affidavits or deposition transcripts. If not, contact the other attorney and get the entire file or at least as much of it as you can now before he changes his mind and does not allow you to retrieve any of the case file.

    Excon is 100% correct. You cannot properly do a Response to a Motion for Summary Judgment unless you are an attorney. Won't work.
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