Legal Question in Medical Malpractice in Florida

I had a medical malpractice lawsuit that was tried two years ago. We lost the case. There are numerous things that occurred that my attorney did not address and therefore did not tried a good case.

I wanted to appeal. My attorney said "yes' we can appeal, but first let me consult the appelate forum for suggestions.

He gave me the "good news and the bad news". Meaning that it would be costly, but if I wanted to he would appeal it even though the appelate forum (according to him) advised him not to.

Given all the negative feedback and discouranging comments from my attorney, I said fine, lets not do it.

Following this conversations, he called me and advised me that the "defendants" (they were the ER's insurance attorneys for the doctor) contacted him and gave him a option for me to pay for all of their court costs and attrorney fees for the whole 8 years in took for this to go to trial, by signing and waiving my right to appeal this case in the future, or they will pursue me for the fees.

I don't think this is legal, this is not ethical. Of course, I was pressured and signed again while in duress.

I would like to know please if this was legal what my attorney did, and what are my chances of aooeling this case. Everyone who has heard my case, even personal doctors, nurses, etc are in disbelief that this was not tried successfully.

Again, please give me some answer.

Thank you so much.


Asked on 6/08/10, 7:38 am

1 Answer from Attorneys
Steven Meyer CPLS, P.A.

I'm sorry that the trial did not go well. After the final judgment was entered, you had thirty days to file an appeal. It sounds as if this 30 day deadline passed a while ago.

It may have been a good deal to accept their offer to waive their right to collect attorney's fees from you, if you agreed not to appeal. In any case, it is too late to file an appeal, and you agreed to settle the case with the defendant. Once the settlement paperwork was signed, you it is too late to change your mind.

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Answered on 6/08/10, 9:50 pm


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