Legal Question in Medical Malpractice in California
1.Do I have to sign the Full & Final Settlement Agreement?
2. If I don't, what are the consequences?
3. If I'm obligated to do this, can I only agree to some terms?
My case was dismissed with prejudice. I spent 3 years in pain and suffering, as well as depression, from an initial misdiagnosed, botched surgery and later from a complicated reparative surgery.
The defense attorney was extremely unethical, dishonest, devious and manipulative. He twisted what I said in his favor, presented me as a liar and persistently discredited me with the doctors he deposed.
To add further insult to injury, he warned that they will either file and prosecute any future civil action against me for costs, including one for malicious prosecution. The Confidentiality clause forbade me from mentioning my case in Internet websites. I found a website in which this attorney was described as unethical and dishonest.
4. Whether I even consider this is not the issue. It's the fact that he expects me to kowtow to his demands 100% without an iota of consideration for me that I object to. Would this clause prevent me from reporting him to the California Bar Assoc. and the podiatrist to the Podiatry Board?
In all good faith I could not bring myself to sign it, especially when I feel strongly that justice has not been served. As a single female senior, it's been very hard on me. My attorney, who took my case on a contingency basis, does not want to spend more time on it. For my own sanity, I need to know the unbiased options. Thank you very much.
1 Answer from Attorneys
If you want the settlement you have to sign the agreement. IF you can negotiate better or different terms, feel free to try. If you don't sign, you don't get the settlement.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
