Sometimes things go from bad to worse, and then decend even further in legal malpractice litigation.  Here is an example.  Plaintiff was injured, went to attorney 1 who settled the case without asking plaintiff, then went to attorney 2, then sued attorney 1 and 2.

"Sturgill, 46, was fishing with a co-worker from the Maryland School for the Deaf in June 2000 when the surge from a nearby dam release capsized their boat. Sturgill was rescued by a passing sailboat and was rushed by helicopter to the R Adams Cowley Shock Trauma Center in downtown Baltimore.

He claims doctors there released him too soon — after five hours instead of at least 18 — and that his subsequent renal failure and heart problems, which required further hospitalization, were the result of emergency room malpractice.

Sturgill, who had already consulted other lawyers about his claim, called The Suder Law Firm in April 2003, a few months before the filing deadline for his medical malpractice suit.

On Tuesday, Joyce testified that the doctor he had review the case found the emergency room doctors discharged Sturgill in stable condition. The doctor refused to sign on as an expert for the case, but Joyce agreed to negotiate with the hospital on Sturgill’s behalf.

He eventually accepted the offer in a letter to the hospital’s representative without conferring with Sturgill, who was at work, until the next day. Sturgill rejected the offer.

Joyce testified he had explained, before parting ways with Sturgill, that it was still up to the client to decide whether to accept the offer or file a claim.

Joyce said he helped Sturgill draft his claim and file it, all free of charge.

Sturgill, though, testified that he did not learn of Joyce’s action until he was sued by the hospital for having filed an action after settling his claim.

He said he later went to the Lutherville firm of Miller, Murtha & Psoras LLC, which he also sued and eventually settled with over its handling of his medical malpractice claim. "
 

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.