Hello again and thank you for clarifying that for me.
Yes, the attorney should have know that your insurer would typically seek reimbursement against you for medical expenses they paid on your husband's behalf from the settlement received against the medical provider in a malpractice claim. Most insurers include indemnification clauses in their policies and it is typically standard practice to seek a settlement which would cover medical expenses paid by insurers.
There is a one year statute of limitations to file a legal malpractice claim under CA law, assuming your claim against the attorney does not involve fraud, so you need to get a claim filed promptly.
Here is a link which summarizes the law in CA:
You may also wish to file a complaint with the state bar association against the attorney as they can investigate and take disciplinary action against the attorney. The website for the state bar association is calbar.org.
If the attorney has malpractice insurance, they should pay on your claim for the medical expenses which should have been included.
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