I received a call from a lady who had retained a law firm to prosecute a medical malpractice case on behalf of her child. For two years, the law firm told her that she had a strong case. After the lawsuit was filed earlier this year, the law firm informed its client that she needs to dismiss her case, because the law firm was unable to retain a medical expert witness to testify that the child’s injuries had been caused by the physician’s malpractice. Why did the law firm tell its client that her child had a compelling medical malpractice case for 2-years when it had not investigated the issue of causation? Because some attorneys have a nasty habit of overselling the strength of a case in order to be retained by the client.
