 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Saunders v3/17/2000
he Court of Civil Appeals' opinion:
"Consulting an attorney to find out if one has a valid medical-malpractice claim is just the first step in a lengthy process. Until the client's medical records can be obtained and an expert can review those records to determine whether there is a question whether the standard of care was breached in the particular instance, an attorney cannot tell the client with any confidence whether she has a valid cause of action. In this case, the Saunderses presented evidence tending to show that they filed their bankruptcy petition before their attorneys could properly evaluate the merits of their case to determine whether they in fact had a valid claim." Saunders v. North Alabama Neurological, P.A., [Ms. 2971312, November 19, 1999] ___ So. 2d ___, ___ (Ala. Civ. App. 1999).
Mrs. Saunders testified by affidavit that she authorized her attorney to order medical records to see if her husband's surgery really had been necessary or urgent, as the doctor had said, and that she learned later, after the bankruptcy proceeding had been concluded, that she had a valid claim against the doctor.
A jury should determine whether, when they filed their bankruptcy petition, the Saunderses knew or should have known that they had a claim against these defendants.
Johnstone, J., concurs.
Page 1 2 3 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|