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 6/01/10, 2:19 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Medical malpractice case are lost at trial more than 75% of the time. Good cases are settled. The only ones the public hears of that are won by plaintiffs are generally the exceptions. Your lawyer had a duty to tell you the offer to settle the caes, and it was a good offer. The costs and possible fees, if there was an offer of judgement, could have been in the 100s of thousands of dollars. If you were not going to appeal, it was a good decision. Just think about having your wages possible garnished all your life or never owing property. Remember, only one side wins in a law suit; it is risky business. Moreover, you are not the only one who lost. Think of the 8 years your lawyer spent on the case, his time, and the money he spent. It too is equal to 100s of thousands of dollars that he will never get.

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Answered on 6/01/10, 5:35 pm


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