Legal question

[martimccabe1962]

We are waiting on an attorney to determine if we have a case or not. It has been 5 months since giving written permission to collect medical records and to do an evaluation. What is the average length of time it takes to get an answer from an attorney to determine if they will take a case or not. Am I being impatient or what. Since my daughter was born in TX we have to use an attorney in TX. We do have an attorney where we live who is co-consulting with an attorney in TX and he said I'm being a little impatient. Anyone have words of advice. This board has always been great for me.
Thanks,

Marti

[francine]

Marti - how much time do you have until the statute of limitations is up... because you need plenty of time to draft the complaint. It does take time to get the medical records. Call and ask what records they have recieved so far and what records they haven't received. Ask if they have already sent it off to their expert for an evaluation or not. It's your right to know exactly where you stand... because if you have to switch attorneys you need enough time to be able to do that.

Good luck,
francine

[phaliscak]

Sorry I can't help. My lawyer saw Michael and took the case immediately. He was 17 months old then. Haven't finished yet, but it's a long process so it seems.

Patty

[4Jake]

Statute of limitations to file is 2 years in texas

[admin]

As far as I know, just because your child was born in TX doesn't mean you have to use a TX lawyer. Many of us use BPI attorneys who are not from the state are child was born in. Ours is actually half way across the nation. They just need to hook up with a local attorney if they are not licensed in that state, and really that is not a big deal at all. I don't think you are being inpatient and I especially don't like that the lawyer told you that. 5 months is more than enough time to obtain records and get an experts opinion, to at least give you a good idea. Some attorneys are more waiting for surgery or outcome but that is something different. Does your attorney specialize in BPI? Also, we spoke to a few attorneys at the same time. You aren't committed until you sign papers, and I would not do that until after they tell you you have a case and after they have consulted with an expert. You don't want to get stuck with someone who isn't going to really work much on your case and let the time limitations slip by.

[martimccabe1962]

Thanks you all for answers. The situation is that I have an attorney in Florida who is working with an attorney in TX. From what I understand the Attorney in TX has all the medical records so I'm just waiting to hear from him. I have followed up and have yet to speak directly with the attorney in TX. I have spoken with his legal assistant and she said that it is looking positive that he is is leaning towards to taking the case and I would have an answer by next week. I would either receive a call or a letter in the mail. - meanwhile this was about 1 month ago right after the holidays. I still haven't heard from the lawyer in TX and my attorney in FL saids to wait 2 more weeks and if I don't hear anything from the attorney in TX to contact my attorney in FL and he will follow up with the attorney in TX. I have no problem with the attorney in FL but I do with the one in TX. It just doesn't seem he could care less about this case. No one from TX follows up with me. My attorney in FL saids he's an excellent attorney and to be patience. No one from the attorney's office in TX returns my calls, and I do not know what information they have uncovered from the hosptal or Dr.'s office. All I know is that their inside Nurse expert has reviewed the information and gave her opionon to the attorney of waht it is I don't know. Tahnks for listening. If anyone has any other additional information I would appreciate it.

Marti