Against a lawyer who was negligent in representation of the client in
an underlying medical malpractice case.
Not exact matches
But if a lawyer can successfully recover from a
medical malpractice attorney who lost a
case, doesn't that imply that the
underlying cause of action had merit?
The
underlying Connecticut
medical malpractice case resulted in a $ 53 million jury verdict against a physician with only $ 2 million in policy limits.
In this groundbreaking
case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal
malpractice suit against the attorney and his law firm because the
underlying product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal
Medical Device Act («MDA»).
Medical malpractice cases often come down to a so - called «battle of the experts» between the plaintiff and the defense, with expert witnesses from both sides offering opinions on the defendant's actions, whether they were in line with the standard of care and whether the defendant caused the plaintiff's injuries, as well as the impact of the plaintiff's
underlying condition.
There is no common set of facts or circumstances that
underlies all
cases of
medical malpractice in diagnosis.