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MICHAEL GORDON v. ROBERT K. EPSTEIN

Torts — Legal malpractice — Failure to allege causation

In 2009, Michael Gordon, appellant, as the co-personal representative of the Estate of Libby Gordon (the Estate), retained Robert Epstein, Esquire, appellee, to represent the Estate in a nursing home negligence case after another attorney withdrew from the case. In 2015, Gordon filed a complaint for legal malpractice against Epstein, in the Circuit Court for Montgomery County, claiming that Epstein had negligently represented the Estate by: (1) failing to make use of an investigative report prepared by the Department of Health and Mental Hygiene; (2) failing to amend the negligence complaint after he took over the case; (3) failing to contact Medicare to determine the amount of their statutory lien for medical care; (4) attempting to force Gordon to settle the Estate’s claim without disclosing the amount of liability that the Estate would have to Medicare; and (5) violating Rule 1.2 and Rule 8.4 of the Rules of Professional Conduct.

On October 28, 2015, the circuit court dismissed Gordon’s complaint for lack of standing; failure to state a claim upon which relief could be granted; failure to file an amended complaint that set forth a valid cause of action, as had been previously ordered by the court; and failure to designate an expert witness to establish the appropriate standard of care. On appeal, Gordon raises five issues, which are reducible to one: whether the circuit court erred in dismissing his complaint.

Read the opinion here: