Legal malpractice claims do not generally lead to recovery of emotional distress damages, but the Iowa Supreme Court is making headlines for reminding us there is always an exception to every rule.
Not exact matches
Additionally, the SJC rejected Otis» arguments that judicial estoppel should not be applied because: (1) Otis is bringing the present suit as an assignee of Cusick and is therefore presenting Cusick's
claims, not his own; (2) Otis himself
did not make inconsistent statement under oath concerning his comparative negligence; and (3) the SJC previously rejected use of judicial estoppel in cases of assignment of
legal malpractice claims.
Some medical
malpractice law firms
do not file lawsuits but instead refer cases to other lawyers or settle lawsuits without filing a
legal claim.
If your physician prescribed an experimental drug treatment and
did not inform you that the treatment was experimental, it may warrant a
legal claim for doctor negligence or
malpractice.
It is important to note, however, that a mere disagreement between an attorney and a client usually
does not give rise to a
legal malpractice claim.
So this is not a garden variety negligence case of
legal malpractice where the lawyer blew the statute of limitations or missed a key court date; this attorney knew his strategy
did not have the «99 % chance» of success he
claimed to his clients, yet he pursued it exclusively and his clients relied entirely upon his advice.
A
legal malpractice claim is difficult to prove, which is why many lawyers
do not take such cases or advertise that they
do.
Consent to Settlement Agreement May Not Bar Negligence
Claim - The
Legal Intelligencer - In Guido v. Duane Morris LLP, the New Jersey Supreme Court held in a June 8 opinion that a client's consent to settlement
does not necessarily bar a
malpractice action arising from that settlement.
There's a
legal claim in theory, but not one in practice, because medical
malpractice cases are just too hard to win these days, even if meritorious — a quarter of all bona fide
malpractice claims,
claims that a panel of doctors believe involve
malpractice, don't recover any compensation.