Attorneys have a duty to advocate on behalf of their clients. Thus, if an attorney and their client disagree as to how to litigate a matter or an attorney does not feel it can adequately represent a client’s interests, it may withdraw from the case. In doing so, however, the attorney must comply with certain procedural rules; otherwise, it may adversely affect their client’s rights. In a ruling recently set forth in a medical malpractice case, a court explained a plaintiff’s recourse when an attorney withdraws from a case without following proper procedure. If you were harmed by medical negligence, it is smart to consult a skillful Maryland medical malpractice lawyer to assess your options for seeking compensation.
Procedural History of the Case
It is reported that the plaintiff sought treatment with the defendant for anorectal health issues. The defendant ultimately performed surgery on the plaintiff to alleviate his symptoms. The plaintiff asserts the defendant did not perform the procedure properly, causing him to suffer permanent harm, physical and emotional suffering and pain, and other damages. He filed a medical malpractice lawsuit against the defendant but failed to comply with the scheduling order.
Allegedly, after numerous discovery delays, the defendant moved for sanctions. The plaintiff’s attorney took responsibility for the delays but shortly thereafter moved to withdraw from the case. The court granted the motion but refused the plaintiff’s subsequent motion to extend discovery deadlines. The defendant then filed a motion to dismiss the case, and the court granted the motion. The plaintiff appealed. Continue Reading