Legal Question in Medical Malpractice in California

Lost Malpractice case in CA. Now they say Loser pays costs.

I went to an attorney to see if I had a valid malpractice case. He agreed to take the case, and I signed a contigency agreement allowing him to collect 40 per cent of any money received from the suit. We lost the case in trial, and now I have been served notice saying that I am being sued for 40 thousand dollars in the other sides legal and expert witness fees. I was never told that this could happen, even my lawyer said that he probably should have told me this but didn't. Do I have any chance at fighting this? Since a contingency agreement was signed, is my attorney liable for any of these fees?

Thanks.


Asked on 8/16/01, 9:18 pm

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Re: Lost Malpractice case in CA. Now they say Loser pays costs.

it very well may have been malpractice to not so advise you. More details are needed; what were settlement negotiations, what letters were sent to you, you to him, what offers were made, 998 offers made? etc.

Joel Selik 800-894-2889, www.4thelaw.com

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Answered on 8/20/01, 2:53 pm


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