Legal Malpractice for Failure to Retain Appropriate
Medical Experts in Underlying Medical Malpractice Case

Legal Malpractice - Failure to Retain Appropriate Medical Experts in Underlying Medical Malpractice Case

Injuries alleged:

Failure to recover in the underlying wrongful medical malpractice action for compensatory and punitive damages against a general practitioner. The decedent in the underlying medical malpractice action was a retired farmer, and his medical and funeral expenses were approximately $10,000.

The family of the decedent alleged that the decedent's attorney deviated from the standard of practice by failing to select expert witnesses who would qualify under the rules of evidence causing their valid medical malpractice case to be lost. They never received a trial in the underlying case.

At the trial of the legal malpractice case, prior to jury selection, a settlement of $250,000 was reached with the Defendant. $25,000 had previously been paid by a Co-Defendant.

Settlement Amount:

Amount: $275,000 ($25,000 was previously paid by another Defendant)

Plaintiffs’ experts:

Thomas Metzloff (legal standard of practice), William Elam (legal standard of practice), Emily Will (hand writing expert), Dr. Eugene Paschold (causation), Dr. Daniel Bernstein (medical standard of care), Dr. Hartman (medical standard of care)

Plaintiffs’ attorneys:

Thomas L. Odom, Jr. of The Odom Firm, PLLC, Charlotte, NC and Benton H. Walton, III and C. Martin Scott, II of Williamson, Walton & Scott, Whiteville, NC.

Case name:

Withheld

Case number:

Withheld

Court:

Columbus County Superior Court

Settlement date:

September 2008