Miller & James

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    Personal Injury Law, Medical Law
    Open8:30 AM - 3:30 PM

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    About the Business

    Business owner information

    Photo of David M.

    David M.

    At Miller & James, LLP, we help people who have been wrongfully harmed and are suffering major injuries or complications. Our attorneys focus heavily on medical malpractice cases, as well as catastrophic injuries of all kinds. We firmly believe that everyone injured by their health care provider or another person's negligence deserves justice. That is why our firm specializes in medical malpractice. Injuries hurt everyone in the family and can change their lives forever. We want to make you whole again. Our attorneys have over 70 years of combined experience. Attorney David D. Miller served in the Marine Corps for 27 years and now serves injured citizens. He is board-certified in civil litigation and medical malpractice, and has been a faculty instructor for the National Board of Trial Advocacy. He was also selected for inclusion in 2016-17 Super Lawyers and has achieved a rating of AV* Preeminent by Martindale-Hubbell.…

    Location & Hours

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    750 B St

    Ste 1910

    San Diego, CA 92101

    Kettner Blvd

    Downtown

    Mon

    • 8:30 AM - 5:15 PM

    Tue

    • 8:30 AM - 5:15 PM

    Wed

    • 8:30 AM - 5:15 PM

    Thu

    • 8:30 AM - 5:15 PM

    Fri

    • 8:30 AM - 3:30 PM

    Open now

    Sat

    • Closed

    Sun

    • Closed

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    • Photo of Uprising M.
      Uprising M.
      LA JOLLA, CA
      0
      3
      Jul 15, 2013
      First to Review

      WARNING**************READ THIS BEFORE YOU USE THESE ATTORNEYS****

      Do NOT use these attorneys if you want to win your case!!!!!!!!

      David Miller cannot remember anything from one day to the next. He lies, he'll tell you one thing then do something completely different. I think he is senile or a pathological liar...

      Patricia James is completely rude, smug and shouldn't even deal with the public, which is why she mailnly doesn't other than trying to get YOU the client to PAY more $$$$$$$.

      I have reported them to the California Bar and the San DIego Bar. They claimed they would take my medical malpractice case for a reduced (1/2 ) price. I signed a contract and paid a 5,000 dollar retainer(non refundable). Next came an endless display of lazy, inept "work", their main concern was not my case it was padding the bills they sent me.

      Listed below is a partial description of the overbilling which occured,

      * David Miller and Patricia James sent a letter giving us the costs of pursuing such a case through trial, the minimum cost was to be $34,000 and the maximum was represented to be $50,000 dollars. Although not yet through one third of the process the costs are approximately $40,000 dollars. This was a gross misrepresentation of costs or billing.

      * Patricia James informed me the motion to amend for punitive damages would cost between $1500 and $2000 and I agreed to that. It appears I was billed almost five thousand dollars in motion related costs. Excess of $3000.

      * Miller and James caused us excess stress and costs after telling my husband that he may be charged criminally for his involvement in audio taping. David Miller told us he would get an opinion on this issue prior to our depositions. After considerable worry, we tried to contact Mr. Miller yet he would not respond to calls. Lackof communication caused my husband to seek outside counsel for which we were charged in excess of $900 dollars. After we did this Miller's attorney "friend" reviewed the same issue and we were billed again in excess of $750 for his opinion.

      * David Miller's delay of deposition due to his lack of preparedness caused extra billing prep charges of 6 hours even though the week prior to Marty's depo Dave told me he was prepared and I agreed with this other than requesting certain additional concerns be addressed. Dave Miller agreed to this but during the deposition he did not ask the questions which we had told him we needed to be asked, instead he had a tantrum when we tried to talk to him about this. Also we were charged 13 hours of depo prep for myself and my husband when during the depositions Dave Miller was UNPREPARED as can be evidenced by his confusion in transcripts. $2850 dollars.

      * Billing for four Miller and James staff to sit in on my supposed deposition prep by David Miller, two of the staff members, a new attorney and a paralegal did nothing while David Miller asked the same four questions over and over. Albeit I take medications, however my husband was a surgeon and quite competent yet neither one of us understood what Miller and James were attempting to accomplish other than padding the bill. Overcharging of no less than $300-$400.

      * I also did not authorize additional staff to attend Marty's deposition. I am not responsible for the fact that every other attorney can act alone during depositions but David Miller could not. I stated in prior emails that I would not pay for ancillary staff i.e., paralegals doing nothing at depositions. David Miller brought his paralegal to Marty's deposition. Overcharging of $400.

      * Billing totaling almost $3000 by an attorney, Walter Viar with no prior malpractice or potentially any experience, and no evidence of that amount of work done on the case. He sent two to three letters to us, one of those letters my husband had already informed him of the information, an audiotaping letter. $1500 excess if not a total loss.

      * David Miller received a substitution of attorney notice from us prior to Dr. Dobecki's deposition yet he would not turn it in and said he wanted to talk it over. He showed up at Dr. Dobecki's deposition late and once again unprepared to the extent of not asking one question of value. The depo lasted approximately two hours. We were billed for 7 hours although we had not authorized his presence. Excess billing $1050.

      CASE DAMAGING PRACTICES with COMPOUNDING BILLING EXCESSES;

      * We were told at the onset of this case that David Miller would contact an expert to attempt to determine if the standard of care had been breached. He did not. He instead waited until the last minute and for purposes of a motion and then retained an insufficient expert. $3200 dollars yet to be determined if a total loss, but likely.

      I have used my 500 characters allowed I hope you get the point. DO NOT TRUST OR USE THESE ATTORNEYS!!!!!!!!

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    • Photo of Bradley M.
      Bradley M.
      Visalia, CA
      28
      9
      1
      Aug 9, 2023
      Updated review

      Patricia James guided me through my malpractice case effectively. Thank you Patricia!!

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      Apr 21, 2023Previous review
    • Photo of Steve S.
      Steve S.
      Riverside, CA
      0
      8
      Jun 2, 2023

      I hired them to handle a medical malpractice case ant they completely botched the case, constantly asked for money, missed responding to a demurs and went on vacation when they were supposed to in court. Said they were substituting in my case, then said the we're not representing me and quit. Stay away from them

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    • Photo of Tim S.
      Tim S.
      Vista, CA
      9
      69
      57
      Nov 21, 2019

      I paid a $5k retainer to this lawyer after my initial meeting. He claimed that "they could definitely find negligence" in my case. So I was sold. I had a spinal tap that caused a CSF leak and thus causing severe autonomic nervous system issues. Here I am almost 5 years later, still have ongoing medical issues.

      It took them a YEAR to call me back after I constantly called them asking for updates. They finally told me that their doctor did not find conclusive evidence that it was negligent. THAT WASN'T THE ARGUMENT WE DISCUSSED! The argument was that the doctor did not explain the SEVERITY of the risk. The risk discussed was a mild headache and flu symptoms - nothing like I went through (a total nightmare). If you were honest with me about the case I would never had paid you the $5K. I asked for a partial refund - DECLINED. My lifespan has likely been shortened by over a decade because of this and this THIEF of a lawyer took $5k from me. Mind you - I don't make a lot of money.

      Do not hire these guys. You need a pitbull to go after hospitals, these guys are worthless.

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    • Photo of Josef P.
      Josef P.
      San Francisco, CA
      1
      13
      11
      Jul 2, 2019

      You have to pick a star to post. Just add -
      THE PERSON person before me :
      SAID BEWARE OF THESE TWO bottom feeders
      SCUMS OF LAWYERS. ANY LAWYER JOKE l heard THEY ARE WORSE OF THEM.
      Inform unfortunately I'm NUMBER 9 of there scams worse they did nothing. Just took $5000 from some one who is disabled handicapped.
      After Miler said I'll take them on. Not even a letter saying they don't know how at Toll
      But I was told they knew how to TOLL my case. With 70 years of practice. I had to call and James Couldn't carry on a conversation between them and they don't have any answers yet she said they were trying to do the something and when I asked him to call Atty for a criminal matter with it James stumbled I couldn't speak a coherent sentence, oh I will We will we're looking at it oh well over the weekend couldn't speak a coherent sentence, I don't know how people like these live with themselves So they Had no idea or they did get $5000. They did absolutely nothing but take $5000 from me and write six letters that I told him that I have a ready written the hospital and if I want answers get a lawyer
      I DON'T THINK I COULD BE ANY CLEARER AND THEY FORGOT TO SAY SIGN EVERYTHING.
      SO there Contracts was no not concluded and they still get away with taking $5000 away. John I hope you get a big bonus for all your lies and you didn't write 346 letters these seems to 7 people got before me Just trick people did their dirty work on handicapped person they people are the most despicable thing to call human being. I didn't know how LOW people could be now I know. I had to wait two weeks to call Madame James and 70 years of law she couldn't even answer one simple question I should l listen to the people before me. WARNING
      oh well I we were going " to well" we're going to think about it "we can tell" " it Looks like"
      ""When the said they could TOLL my case, but not once did they say you needed to sign all form to get medical records James must slipped her brain when we talked. But I'm held responsible for their lack of Dufy telling Visa I did give them information
      If there is such a thing of KARMA you have something big about to hit you all I wish I could see it. But God has a way to deal with harming defrauding people life's. Ha one star because you have to lowest level stars Stay far away they win for the best lies to steal money. The truth is hard to take. How many people did they just take $5000 from

      LOOK OUT FOR THAT KARMA you got a lot coming your way. Not-soon enough

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    • Photo of Trudy C.
      Trudy C.
      Costa Mesa, CA
      0
      4
      Jan 20, 2021

      I was a potential malpractice law suit client. I spent a good hour plus on the phone with Patricia James going over the facts. She was extremely thorough and after walking me through the entire process, the approximate costs and weighing out the possibilities, she advised me that my case would most likely not go in my favor. She was kind enough to spend her valuable time evaluating my case, but in the end saving me time and a lot of money fighting a losing battle.

      If I ever have another reason to use a malpractice attorney, it will be her.

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    • Photo of Ryan G.
      Ryan G.
      Rockwall, TX
      62
      1
      Jul 17, 2019

      Miller james handled a case for me that was pretty bleak to say the least. They stuck with me to the bitter end. Case was ruled in my favor I was very satisfied with the results thank you Patricia and team
      Ryan

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    • Photo of Jeannie P.
      Jeannie P.
      San Diego, CA
      159
      36
      31
      Dec 27, 2018

      The worst attorney ever. Took a $5000 retainer and never called me back. I had to hound him to find out if he was going to do anything for me. I did ALL THE leg work, paying and getting medical records & formulating documents. He said I needed to pay for his airfare to get a deposition around the holidays & so I did. $900. Then found out he never bothered to go. He caused me more grief in addition to my malpractice I had done to me. Stay far far away. His assistant was a tweaker girl who ran around following his demands and carrying his books and papers. When asked about the $5000 I paid up front, I was informed that was "gone" a long time ago with zero accounting or recordings of what it was spent
      on. He basically ran down my time until it was past statues. Caused me so much time grief and money. I paid for depositions out of pocket & more. Run fast. He never found an expert witness. I had to do that and pay for it- he doesn't remember anything you tell him. He's a disgrace. Absolutely run in the other direction unless you want to add insult to injury. Miller will be happy to do that for you.

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      Business owner information

      Photo of David M.

      David M.

    • Photo of Candice M.
      Candice M.
      San Diego, CA
      0
      6
      Mar 7, 2019

      I just called and they were so rude! Basically said that even though I ended up in the ER with a condition that could have caused, seizures, coma and possibly death...the ER doctors were not even sure if I did possibly suffer a seizure at home or not. Long story short, they said there is no malpractice because I can't prove I suffered a seizure and I didn't die. I asked them "so something really bad has to happen or you have to die to have a case"? He answered "yes". Unbelievable lack of care or concern. Kept cutting me off without letting me finish or tell him everything that happened. Luckily I called before wasting my time to go in to their office. Don't waste your time as this office is a sham and they couldn't care less about people who have legitimately suffered at the hands of doctors. STAY AWAY!!!

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    • Photo of Dalia Z.
      Dalia Z.
      San Diego, CA
      1
      4
      Jul 2, 2018

      Don't go with them. So rude. So glad I only spoke with them on the phone before driving all the way to downtown. Miller gives off rude and condescending energy. Said some off-putting, racially insensitive things and when I questioned it he got very defensive and hung up on my face. I was warned by others and didn't listen, listen to me and be warned. Don't go with this guy, so rude.

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      Business owner information

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      David M.

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