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My husband recently died due to mis-diagnosis and lack of resucitation time. I have contacted three different local firms who have all told me that I have a case, but since the new federally inacted laws which limit or cap the amount a person is allowed to sue for, they are not willing to risk 50,000-100,000 to take my case to court. It wouldn't be feasible for them. I feel these new laws have given the doctors more room for error without accountability. I have already posted my case on this web site, yesterday, August 22, but haven't had any luck finding a lawyer yet. Are there any law firms out there that you know of that would be willing to represent us?
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A lot of lawyers are complaining about recent tort reform for exactly the reasons you state in your post. Unfortunately lawyers must work within these laws, even if they are wrong within your particular case.
This may mean you may not have a "viable" case for an attorney to take on contingency. I am assuming you don't want to pay the 50-100k that the lawyers say it would cost to litigate this. If I am wrong, that is an option. You can keep looking and maybe find a less experienced lawyer who may be desperate enough to take on a med mal case like this (a case they would consider "marginal" because of the new tort reform in your state). Your only other option is to make a political case out of this, complain to your local state legislators and hope they change the law. Good luck! |
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