COULDN’T SHOW THAT SHE WOULD HAVE DONE BETTER AFTER TRIAL
After her lawyers secured a $1.3 million settlement for her in a medical malpractice case, B.Y. sued her counsel alleging that they, too, had committed malpractice.
After the New York County Supreme Court dismissed the case, B.Y. appealed. And on its review, the Appellate Division, First Department, noted that because her attorneys had established – via a legal expert – that they had acted in accordance with “the applicable standard of care,” and that their decisions were “reasonable and strategic," it left the dismissal undisturbed.
It didn’t help her claim that B.Y. was unable to show that she would have secured a verdict, after trial, that would have exceeded the settlement amount.
Think she’ll now sue her legal malpractice attorney for malpractice?
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DECISION