Malpractice lawyer lied to me?

by **talbot** » Mon Oct 31, 2011 2:31 am

Let me get something cleared up because my daughter is asking a question but not posting all the info. I did a malpractice lawsuit against a city hospitol because my child almost died because of a doctors mistake. She was on a vent for a month,dialysis because her kidneys failed,blood transfussions,huge blood clots and her appendices were removed for no reason and many more. This case has been going on for 14 years. On March of this year the lawyer called me and told me that they settled for 420,000.00. At the time of the phone call i had 2 witness that were listening on the phone call because I had her on the speaker. Ever since March I asked her to give me the county papers so I can see and read what was discussed during that meeting she had with the hospitol lawyers and the the judge she continues to tell me that there is no need for that. Ok I let go for now but on August we called her again and she asked to speak to my daughter but I had to be present because she was still a minor. Now during this convo she again said my daughter would be getting 420,000.00 and my daughter and i asked her again for the court papers and who was getting what out the 420,000.00 and she still refused to answer but we asked her again for the amount and once again she said 420,000.00. I didn't follow up because she been our laywer for a while and I trusted her but yesterday I received the power of attorney pappers so she can have power of attorney over the check so she can deduct her 33 percent and on the paper she gave me and they were not the county court papers just a paper she typed up said 125,000.00. We have never discussed an amount of 125,000.00 and I don't even know where that amount came from. My child still needs surgery due to the demages they did to her. After the convo with the lawyer she came out and said that she should with draw from being my lawyer. How can a lawyer decided not to continue being my lawyer because I asked her for the county papers and I told her that she lied to me and my child. If she had said 125,000.00 from the begining I would never settle for that amount after 14 years. I would prefer to go to trial...........Let me not forget that I asked her to be present during the meetings and she never told me she was going to meet with them in the first place. Does anybody have any suggestions of what should I do?

by **weiford** » Mon Oct 31, 2011 2:32 am

There are no county papers, the case was settled out of court between the parties and you should be able to see a copy of the settlement agreement that the hospital and Dr.s or who ever you sued signed but there are no "county papers" from the court. It would have been state court anyway. Your lawyer can fire you at any time as a client and to have only gotten $125k for 14 years of work is pitiful. So is the fact that they only settled 400k on your daughter. I hope they also paid all the back hospital bills and will be paying for the continuing medical costs your daughter will no doubt have for the rest of her life.

by **emek** » Mon Oct 31, 2011 2:37 am

There are no county papers, the case was settled out of court between the parties and you should be able to see a copy of the settlement agreement that the hospital and Dr.s or who ever you sued signed but there are no "county papers" from the court. It would have been state court anyway. Your lawyer can fire you at any time as a client and to have only gotten $125k for 14 years of work is pitiful. So is the fact that they only settled 400k on your daughter. I hope they also paid all the back hospital bills and will be paying for the continuing medical costs your daughter will no doubt have for the rest of her life.

calmm down. you kids fine. shes even lost weight from losing organs! be happy. doctors are not totally incompetent you know. maybe you kid screwed up, but doctors could fix her?

by **wilbart** » Mon Oct 31, 2011 2:44 am

Get another lawyer but if its settled then there is nothing you can do to the hospital but your original lawyer is entitled to her 33% regardless. it was the contract you signed 14 years ago. if you didnt sign anything then maybe you try to lower the rate. You need to go to the county with out her and request all forms with out the lawyer since she was legally representing you thats prity much your signatures on the papers

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