Legal Malpractice

A Repellant Case, Once in Legal Malpractice

By (Andrew Lavoott Bluestone)

Victoria Kremen suffered unnecessary, and negligent bilateral mastectomy.  It is said that removal of secondary sexual characteristics is akin to removal of ones central identity.  Ms. Kremen was subjected to a horrible misdiagnosis, with subsequent surgery.

Things only went from bad to worse.  She hired attorneys, but the action was not filed correctly.  From law.com: ""[T]he following illustrates why members of the public may hold cynical views of the legal profession," Supreme Court Justice Emily Jane Goodman began her ruling in Kremen v. Benedict P. Morelli & Associates, 101739/06.

Victoria Kremen underwent a double mastectomy after allegedly being misdiagnosed with breast cancer. She accused Morelli Ratner and the now defunct Schapiro & Reich of mishandling the action she brought against her doctors, a suit that was ultimately dismissed because the 2 1/2-year statute of limitations had expired.

Morelli Ratner was formerly known as Benedict P. Morelli & Associates.

Kremen also lost her bid to sue the attorneys for legal malpractice on the ground that they had failed to preserve her case. Now, Morelli Ratner is pressing a counterclaim against Kremen to recoup $6,000 the lawyers spent in advancing her medical malpractice case. "

The Appellate Division reversed Justice Goodman's decision on the statute of limitations against Morelli Ratner and dismissed. "Plaintiffs allege negligence in legal representation in their original medical malpractice action, which was dismissed as untimely. Specifically, they allege failure to argue their entitlement to the "bankruptcy toll" of the statute of limitations. 11 USC § 108 (a) (2) provides debtors a two-year toll of an existing statute of limitations period, but only if "such period has not expired before the date of the filing of the petition." Here, the bankruptcy toll was not triggered because the statute of limitations had already run. "

Morelli Ratner then sued plaintiff for $ 6000 of expenses.  Justice Goodman has rendered a decision on this claim. From Law.Com: "A Manhattan judge has slapped the personal injury firm of Morelli Ratner with $6,000 in sanctions for bringing a "spiteful" and "wasteful" suit against a former client. Supreme Court Justice Emily Jane Goodman's ruling comes three months after she sharply criticized the firm for launching a "nonsensical" action to recover the costs of an unsuccessful medical malpractice action from Victoria Kremen. "

Full post as published by New York Attorney Malpractice Blog on February 01, 2010 (boomark / email).