Legal Malpractice for Failure to Retain Appropriate
Medical Experts in Underlying Medical Malpractice Case

Legal Malpractice for Fai…

Legal Malpractice - Failure to Retain Appropriate Medical Experts in Underlying Medical Malpractice Case

Injuries alleged:

Failure to recover in the underlying wrongful medical malpractice action for compensatory and punitive damages against a general practitioner. The decedent in the underlying medical malpractice action was a retired farmer, and his medical and funeral expenses were approximately $10,000.

The family of the decedent alleged that the decedent's attorney deviated from the standard of practice by failing to select expert witnesses who would qualify under the rules of evidence causing their valid medical malpractice case to be lost. They never received a trial in the underlying case.

At the trial of the legal malpractice case, prior to jury selection, a settlement of $250,000 was reached with the Defendant. $25,000 had previously been paid by a Co-Defendant.

Settlement Amount:

Amount: $275,000 ($25,000 was previously paid by another Defendant)

Plaintiffs’ experts:

Thomas Metzloff (legal standard of practice), William Elam (legal standard of practice), Emily Will (hand writing expert), Dr. Eugene Paschold (causation), Dr. Daniel Bernstein (medical standard of care), Dr. Hartman (medical standard of care)

Plaintiffs’ attorneys:

Thomas L. Odom, Jr. of The Odom Firm, PLLC, Charlotte, NC and Benton H. Walton, III and C. Martin Scott, II of Williamson, Walton & Scott, Whiteville, NC.

Case name:


Case number:



Columbus County Superior Court

Settlement date:

September 2008


Each year, North Carolina Lawyers Weekly publishes an annual review of the top verdicts and settlements obtained in North Carolina. The Odom Firm’s $8,300,000 settlement with the City of Charlotte for the acquisition of land near the airport ra… Read More
The Odom Firm is proud to announce that attorney David Murray has been selected for inclusion in the 2021 North Carolina Super Lawyers Rising Stars (under 40) list for his work in Eminent Domain law. This is David’s 7th year being selected to t… Read More
Tommy Odom, with former NC Supreme Court Justice Robert N. Hunter, Jr., has planned the NC Bar Association 2020 Constitutional Rights and Responsibilities Section CLE titled “COVID-19 v. The Constitution: The New Normal?” Tommy invites al… Read More
The Odom Firm has been awarded a Tier 1 ranking by U.S. News & World Report “Best Law Firms” for its Eminent Domain and Land Condemnation practice. This is the 12th year that the Firm has obtained a Tier 1 ranking. The Odom Firm remai… Read More
The Odom Firm’s team of David Murray, Tommy Odom, Keren Patrick and Andy Patrick participated in the annual “Clays for Conservation” tournament in Norwood, NC, which benefits the Catawba Lands Conservancy. While the team did not bri… Read More