Atty. Daniel Thomas of Humphrey, Farrington & McClain Law Firm was retained by myself and my two siblings in to pursue a malpractice suit and possible punitive, pain and suffering suit and possible criminal charges against the doctor and/or hospital where our mother died.
Atty. Thomas told us this would in all probability be in the 7 digit dollar category when all suits were filed. He also said at some point in time the media would be involved.in 2 a Wrongful Death suit was filed in which I was Plaintiff Ad Litem. I was told by Atty. Thomas that he had the testimony of two independent doctors and the possibility of one more to testify on behalf of the suit.
As time passed it became harder and harder to get any responses from him by phone or e-mail in regards to the case. He mailed me a paper to sign and have notarized for interrogatories that I had answered, but in fact never did.
I found out by looking at the online court filings that our case had been dismissed without prejudice. This was done without my knowledge or any discussion therein. I again attempted by phone to contact the attorney to discuss this, but was referred to another attorney within the firm that either gave little or no information in regards to the suit.
I finally received a letter dated 3-18-10 informing me of the dismissal of the case. I have yet to find out why the case was dismissed, why I was not consulted or why it took from 12-09 to 3-10 to inform me of this information.
I only have one year from date of dismissal to refile and these lost months have caused much grievance as to trying to retain another attorney, which i have yet to find one who will take it now. This attorney has not been forthcoming with any information as to what happened to this case and why it was dismissed without prejudice, when he assured me initially that this case was definitely a viable case to pursue.
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