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Tina
Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 32150
Experience:  Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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Our medical malpractice lawsuit against a doctor that almost

Customer Question

Our medical malpractice lawsuit against a doctor that almost killed my husband when he botched the surgery was settled but we got a medical bill fr my husbands insurance asking us to pay for all the bills when he was in the ICU & Physical Therapy bec they said they should be reimbursed & that they told us that our Atty SHOULD HAVE INCLUDED THE MED BILLS IN THE SETTLEMENT. How do we get this bill paid? Was our Atty supposed to include that in our settlement? Can we sue our former Atty for his negligence?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

How long ago did you settle the case?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Last yr, 2012

Expert:  Tina replied 1 year ago.
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:

http://www.andreslaw.com/legal-malpractice-faq.htm

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.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 32150
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
Tina and 9 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.
March 2012 was the settlement date. My husband received a 3rd party letter for my Atty to fill out last yr. He did not want to send it in. He told my husband to Switch insurance companies & also told me that if I send that letter it will cost him around $11,000. But my husband insisted on him to send it regardless bec his insurance refused to pay any of his med bills. His Atty did not send the letter until 6 mos later or thereabouts. Do we still have any recourse??
Customer: replied 1 year ago.

March 2012 was the settlement date. We know that passed the CA 1 yr statute of limitations. My husbands Med insurance co sent a 3rd party letter for the Atty to sign but he refused bec he said that my husband will have to pay around $11,000 & he also told him to switch insurance co. But my husband told him to send the letter anyway. He also held onto the letter for 6 mos fillings sending it. Do we have any kind of recourse??

Expert:  Tina replied 1 year ago.
Hello again. My apologies for the delay. I was off-line for a bit. I would have a legal malpractice attorney review the case to determine whether there is any potential for alleging fraud, which would extend the statute of limitations, or extending the one year statute of limitations if you did not have reason to know that malpractice was involved until more recently. Either of those findings would typically permit you to pursue legal action even though it has been more than a year since you settled, so it may not be too late.

It really sounds as though you have gotten the short end of the stick from professionals over the past years and I am so sorry it is not yet over. There is a good possibility that you still have recourse against the attorney, although you should act quickly in consulting further with a legal malpractice attorney.

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