Medical malpractice cases are often undeniably complex. When victims of professional negligence trust an attorney to handle such a case, they understandably expect them to act in their best interests. Unfortunately, legal malpractice can occur, leaving clients grappling with a sense of betrayal and, oftentimes, significant financial harm.
Spotting legal malpractice in the context of medical malpractice cases is not always easy. Nevertheless, it is important to have a strong sense of what often contributes to malpractice and when a legal representative may not be adhering to professional standards of care. In such cases, it may be possible to hold them accountable for their misconduct.
Missed deadlines
One of the most common signs of legal malpractice is missed deadlines. In medical malpractice cases, there is a limited time window within which victims of professional negligence must file a lawsuit. If you have suffered such harm and your attorney fails to file your case on time, you could lose your right to seek compensation altogether. An attorney’s failure to meet critical deadlines may constitute legal malpractice, especially if it results in the dismissal of a case.
Inadequate investigative efforts and preparation
Medical malpractice cases require thorough investigation and preparation. Your attorney should diligently gather medical records, consult with medical experts and thoroughly review the details of your case to build a strong argument. If your attorney fails to conduct an adequate investigation or neglects to prepare essential evidence, it may lead to the weakening of your case or an unfavorable outcome. This lack of diligence can be a sign of legal malpractice.
Poor communication
Effective communication is necessary in an attorney-client relationship. If your attorney consistently fails to return your calls, provide updates or explain the legal process to you, it may be a red flag. Poor communication can leave you feeling uninformed and uncertain about the status of your case. While occasional lapses in communication can happen, a persistent pattern of neglect may indicate legal malpractice.
With all of this said, every medical malpractice – and legal malpractice – case is unique. Seeking personalized feedback about your unique situation can help to ensure that you’re empowered to make informed decisions about your rights and options.