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David v. Goliath

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ellencee

Senior Member
summerbreeze65
Throw me off? Heck, I'm too good for the ratings! Hate me or love me, I bring 'em in! LOL

David v Goliath
I'm glad you came back to update us and to tell us about this new situation. Several of us are still interested in your situation. I don't see how you stick it out. Most people would have given up by now.

Thanks!
EC
 


D

David.v.Goliath

Guest
surrender is not in my creed!

Ellencee, I would never give up on a case that i know i am right on. I'm sure that the attorney that malpracticed me thought the same thing. My case was so good he had to malpractice me to throw the case. When he did, he left his self open for suit. Now he is in big trouble with this case because if he looses he has a black-eye so to speak and believe me if it comes down to winning by jury verdict i will plaster it all over the newspapers that he was guilty of malpractice and i will try and ruin his carrear as an attorney. If he's smart he will try and settle out of court. I don't think anybody would want to retain an attorney that has been convicted of malpractice in open court by a jury. So he has some serious issues to look at real soon. Once this malpractice case gets past sumarry judgment and the judge sets a court date i would lay 100 to 60 the offers will start comming in to settle. Even though there is a $500,000 cap on med-mal in my state there is also a patients compensation fund that pays for your lifetime medical if you win against the doctor in court. i cannot apply to the fund now and the attorney's insurance will have to cover the future medicle now as part of the cash settlement. my medicle costs per year at this point run about $25,000 not counting the corrective surgery that has been recomended by 2 insurance doctors which would bring medicle costs to about $600,000 plus the corrective surgery. Then there is the implant company suit, this could run into the millions of dollars in jury verdict because they broke the law in their promotion to the doctor.

The court system was created by the rich for the rich and it will take its toll on your brain after a while i've been in litigation now since late 97 and still counting. like you said most would have given up by now but i'm not most people. When they messed with me they messed with the wrong person.

DvG
 
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dadrummer

Guest
Summer,
Things still cookin', in more ways then one, here on the coast! The heat index today reached 109 degrees!

The casino's are having great entertainment, the beaches are as beautiful as ever, the water about 85 degrees. We have the longest man made beach in the world, 26 miles, that runs from Pass Christian, MS to Biloxi, MS. Absouloutly gorgeous.

Then there is always New Orleans. It is still the big easy, if you can get past the smell. The French Quarter stinks to high heaven, no offense to any "where ya at's". For the uninitiated, people from New Orleans(Newwarlins) greet each other with "where ya at?"

Yea, and the music......"Doowop Days".........

drummer
 
S

summerbreeze65

Guest
I miss the Pass. And I was complaining of 89 and humid!! I remember smelling shrimp! Glad to see you back on the forum. Take care.
~Summer~
 
D

David.v.Goliath

Guest
settlement

well the insurance company lawyer has called my lawyer and asked to schedule settlement talks next week. my attorney said that they have no defence for the malpractice since it is a law that you must have a medical expert at the sumarry judgment level in order to get to a jury trial in this state. by my former attorney not admitting my experts at the sumarry judgment he not only malpracticed me but broke the law at the same time. the insurance company is now wanting to settle without even filing a responce the law suit...HA...HA...HA...

All i can say is its ABOUT TIME!!!!!!!!!!!!!!!!!!!!!!!!!!!

oh by the way the lawyer is not subject to any caps. i thought he would be subject to the med-mal cap of $500,000 but he's not so thats bad news for the defence also. i think i will buy a moterhome and take my family on a long vacation across the united states. they as well as myself deserve some time away from all of this as it has totally consumed our lives for the last 6 years and has been nothing but pure Hell!! well good luck to all of you that file med-mal calims and remember keep your eye on your attorney he may be working for the other side and may

Goliath Beware!

DvG
 

ellencee

Senior Member
Congrats!

Make sure you get a specified time of payment so it's not another six years before you get paid!

EC
 
D

David.v.Goliath

Guest
payment

thank you ellencee, i will pass that info on to my attorney and make sure the payment comes within 30 days of the agreement to settle if i agree. i think i have a good case for a jury but i'm not sure my family would want several more years of litigation. i think the insurance company knows what their looking at in a jury trail so they should settle for a decent amount, if not, i guess we will go on to court. one thing i won't do is accept a substandard settlement. my attorneys firm has delt with this insurance company and its lawyer before and he told me the guy is a straight shooter and will settle the claim if they feel its hopeless. he said they have settled many of their claims before this way when they felt they would loose in court. according to my attorney we have a "slam dunk" for attorney malpractice so i'm sure they know they would be going to a jury trail with a jury that would know that the lawyer sold out his client, not a good case for the insurance company if you ask me. Also the insurance company would have to understand the damage that a jury trial would cause the defendent attorney in his home town being found guilty of malpractice would certianly affect his future practice at law. notwithstanding the above i think we can pound out a fair settlement without the cost and expense of going to trial. the sad thing about this whole case is that the attorney sold me out when he could have won my case for me to begin with. what some folks will do for money is beyond me. i think this lawyer should loose his liscense to practice law forever because he cannot be trusted now in any future cases he represents. thanks again for the advice and

GOLIATH BEWARE

DvG
 
B

Boxcarbill

Guest
I wouldn't count on ruining the lawyer's career. We have two lawyers in my city who have been disciplined by suspenion from the practice of law. One of them has also had a malpractice suit in addition to two previous suspension from the practice of law. They both had a very lucrative practice after repeated disciplinary actions. One continues to practice law and is still doing quite well. The other is out of practice because of conviction on multiple criminal charges which resulted in his disbarment. The public doesn't pay much attention to such things. It is but a bleep on the radar screen and then is forgotten even by those who did notice it when it happened.
 
J

JackSchroder

Guest
This is not a chat room, but I want to add to DvG's remarks.

One reason that malpractice lawyers are giving up the fight is that in many States verdicts and awards above a certain amount are reportable to licensing bureaus. Doctors are so afraid of this that they authorize the insurance carrier to settle as soon as possible, and this gives the insurance lawyers an incentive to buy out the plaintiff's case. I have seen an increase in California cases settled for $29,900 just to escape the $30,000 threshhold. Sleazy lawyers owing late tax fees are happy to settle so they can cover their taxes. That they rip-off their clients means nothing to them. And the insurance carrier pays the plaintiff's lawyer his fees with glee.
Nothing in the books says a lawyer (or any person) has to be honest with his clients.
 
D

David.v.Goliath

Guest
attorney malpractice

i can tell you that i won't forget it ever happened,. there should be a disclosure law for doctors and lawyers that have been sucessfully sued for malpractice that must disclose to their "potential clients" that they have been sued before and lost. this would keep sleezy lawyering at a minimum. also i disagree that it won't hurt the attorny, you may livein a large city but my former lawyer lives in a small town where the word gets around pretty fast and folks down here don't forget as quick as the big city does.

DvG
 

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