Reported in today’s NYLJ, this is a convoluted case.  Plaintniff was misdiagnosed with breast cancer and underwent unnecessary mastectomy.  Her medical malpractice case was handled by the Morelli firm, and was dismissed on the statute of limitations, at the pleading stage.

The legal malpractice case followed, and has now survived two motions to dismiss.  The bottom line in the latest decision is that the med mal attorneys handled the case for three years, and are hard pressed to argue that it had no merit;  similarly, they had "something" to do with the pleadings, and may not now argue that the pleadings lacked merit.