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I am a plaintiff in a medical malpractice case. What is stipulation of discontinued with prejudice as to DEFENDANTS means?

Submitted: 295 days and 16 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

Posted by FLandNYLawyer 295 days and 16 hours ago.

Info Request

Do the defendants have a counterclaim? Is the stipulation specific to the counterclaim?

295 days and 16 hours ago.

Reply

This is exact quote from documents I recieved:
STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANTS, (I don't want tell name of the hospital) .. HOSPITALS CENTER, S/H/A ....... HOSPITALS LV.

295 days and 15 hours ago.

Reply

There is no countercalim mention in a stipultation documents

Posted by FLandNYLawyer 295 days and 15 hours ago.

Info Request

Is there a counterclaim in the response to the complaint?

295 days and 15 hours ago.

Reply

There is no counterclaim:
Here is more info:
The same hereby DISCONTINUED WITH PREJUDICE AS AGAINST DEFENDANTS ....
(following by names of defendants) without costs as to either party as against each other

Accepted Answer

Hello,

Thank you for your question. I am happy to assist you.

A stipulation is an agreement. "With prejudice" means that the action cannot be recommenced. "With prejudice as to the defendants" means that the defendants cannot recommence the action. However, you stated that the defendants do not have a counterclaim or any claim against you. It is therefore unusual the stipulation to dismiss the action would specifically mention that they cannot recommence an action.

I hope that the information which I provided was helpful to you. However, if I have not fully answered your question, please post me back on this thread with a clarification.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER

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Expert:	FLandNYLawyer
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Answered:	1/31/2009

Attorney

20 years of private practice

295 days and 15 hours ago.

Reply

I an not aware of any counterclaim against me. My lawyers don't tell me much, however Note of Issue was filed stated my case is ready for trilal (I am a plaintiff) and "discontinued with prejudice against defendants" sounds like it is prejudice against me, Plaintiff.

Posted by FLandNYLawyer 295 days and 15 hours ago.

Answer

Hello,

Unless you have agreed to a settlement of the case, you should make an appointment with your attorney as it appears that your case may be dismissed by the agreement.

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Have your own Legal question?

Question

I am a plaintiff in a medical malpractice case. What is stipulation of discontinued with prejudice as to DEFENDANTS means?

Info Request

Do the defendants have a counterclaim? Is the stipulation specific to the counterclaim?

Reply

This is exact quote from documents I recieved: STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANTS, (I don't want tell name of the hospital) .. HOSPITALS CENTER, S/H/A ....... HOSPITALS LV.

Reply

There is no countercalim mention in a stipultation documents

Info Request

Is there a counterclaim in the response to the complaint?

Reply

There is no counterclaim:Here is more info:The same hereby DISCONTINUED WITH PREJUDICE AS AGAINST DEFENDANTS ....(following by names of defendants) without costs as to either party as against each other

Accepted Answer

Reply

I an not aware of any counterclaim against me. My lawyers don't tell me much, however Note of Issue was filed stated my case is ready for trilal (I am a plaintiff) and "discontinued with prejudice against defendants" sounds like it is prejudice against me, Plaintiff.

Answer

Hello,Unless you have agreed to a settlement of the case, you should make an appointment with your attorney as it appears that your case may be dismissed by the agreement.

Related Legal Questions

This is exact quote from documents I recieved:
STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO DEFENDANTS, (I don't want tell name of the hospital) .. HOSPITALS CENTER, S/H/A ....... HOSPITALS LV.

There is no counterclaim:
Here is more info:
The same hereby DISCONTINUED WITH PREJUDICE AS AGAINST DEFENDANTS ....
(following by names of defendants) without costs as to either party as against each other

Hello,

Unless you have agreed to a settlement of the case, you should make an appointment with your attorney as it appears that your case may be dismissed by the agreement.