Sailing is sometimes described as “hours of boredom interrupted by moments of sheer terror.” A medical malpractice lawsuit can be similarly described. There are times when it may appear that weeks or even months have gone by without any action on your suit; there are other times when everything seems to be happening at once.
In fact, usually there is much going on with respect to your malpractice case. Records are being requested and reviewed; experts are being retained and consulted; written discovery is being exchanged between the attorneys. The trial itself is simply the culmination of months of preparation.
For this reason, we try to keep our malpractice and personal injury clients up to date on the progress of their cases. We routinely blind carbon copy clients on correspondence so that they see the letters which are being exchanged, the pleadings which are being filed, and the experts who are being consulted. We also make sure that our clients can reach us by cell phone or by e-mail just about any time. The Blackberry, it seems, is a fantastic device; it enables litigators to work 140 hours per week.
If you are being represented in a medical malpractice lawsuit pursuant to a contingency fee agreement, you should never hesitate to call your attorney and ask for an update. You may not be paying your lawyer by the hour, but your lawyer is going to be compensated if he or she is successful. Expect to be treated like a paying client, because that is exactly what you are.
Paul Lauricella (Google+)