Woman sues former attorney over handling of med mal case

Kyle Barnett Dec. 27, 2011, 1:49am

A New Orleans woman is suing her former attorney who allegedly failed to have a defendant served in her medical malpractice case.

Mauda Matuta Morales filed suit in Orleans Parish Civil District Court on Dec. 9 against New Orleans-based attorney John D. Sileo.

Morales claims Sileo lost her chances at receiving damages in a medical malpractice case by not serving the State of Louisiana with notice of a lawsuit.

The case Sileo was working on for Morales accused doctors of negligence for leaving part of placenta in her when she gave birth in November of 2006.

A medical review panel assembled to analyze the claim found no wrongdoing on behalf of the healthcare providers, the suit claims.

Despite the panel's ruling, the suit asserts Sileo continued to file suit and was notified in 2009 by the Louisiana Attorney General's office that he should have served the State of Louisiana who was in control of a facility that treated Morales.

Sileo is accused of not having served all necessary parties of the state and thus denying Morales the ability to receive damages from the state.

In mid-2010, Morales claims Sileo withdrew from the case citing he could not find a medical expert to testify on behalf of her.

An unspecified amount in damages is sought to include the return of all funds paid to Sileo, financial losses suffered by Morales due to her action being dismissed, costs associated with plaintiff discovering the defect in her case, mental anguish and emotional distress and attorney fees and costs.

Morales is being represented by New Orleans-based attorney Scott M. Galante.

The case has been assigned to Division L Judge Kern A. Reese.

Case number 2011-12786

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