Medical malpractice settlement

[Tooweedy]

To begin there are 5 of us siblings, the oldest one did a Medical malpractice suite against 2 doctors and a medical foundation clinic for my mothers wrongful death. The oldest sister told us that she was sending us papers to sign to give all our trust in her to handle the case for us, which we did. There were more papers to sign which she said another one was that we could not ever go back and try to sue again about this case. She told us one was that we put all our trust in her again and that we would not have to travel up to where she was for anything, she'd do it all for us. We agreed verbly that she would get a little more of the settlement cause she did it all, which was ok with us. Well 3 days before the final day she called me and told me her lawyer said we don't deserve anything cause we wern't there to watch mom suffer her last week alive! She won the case with flying colors and then told us she is not allowed to disclose what she got awarded to any of us but out of the kindness of her heart she'll give us $1,000 each. Which she did. she lied to us the 2 years of waiting for this case and 3 days before she won told us that. I feel we were lied to from the begining and why can't she tell us how much?? I want to find the amount of our settlement. Is there any way to find it?? I have the case # and the papers. Please guide me where to go or what to do.Im in California, the case is from Santa Barbara superior court.

[Edited by Tooweedy on 11-30-2000 at 07:13 PM]

 

[PamSJS]

Dear Tooweedy;

It sounds as though your sister is "too greedy." I'm not a lawyer, so lawrat or IAAL can probably give you some better answers than I can.

Did you keep a copy of the papers you signed, authorizing your sister to "handle" all of this? If so, you may very well have a claim against her, and I would certainly pursue that. Regardless of whether or not you were there to "watch you mother suffer," you have lost your mother, the same as your greedy sister.

Were you and your other siblings listed as Plaintiffs in this suite? If so, you are entitled to an equal share of the settlement!

As for the attorney, do you know his name and where he practices? You may want to consider filing a complaint with the California Bar. If indeed he gave your sister this advice, he has encouraged her to commit what may be a breach of contract.

Seek the services of a good personal injury attorney. Take all of your documents, including letters, agreements, etc., with you. An initial consultation is usually free or very inexpensive. Don't delay! Your lawyer may be able to get an injuntion to stop payment of the settlement to your sister until this matter is settled. But remember, TIME IS OF THE ESSENCE!

Good luck to you and keep your chin up!

 

[Tooweedy]

Medical Malprectice reply back/PamSJS

Pam first of all thank you for your reply. First of all I've been trying to find 'lawrat' and 'IAAL' and I get 'lawrat' is under construction and 'IAAL' theres no such address. But with your remark about if me and my sibblings were plaintiffs in this case, NO, to find out after all this she had us as defendants along with the doctors and medical clinic!!!! We trusted her SO much that we signed it. Not any of us were ever told that we were defendants we just signed things giving her all the trust for us. We even have a summons she mailed us but she said it was just a thing the lawyer needed to go on. We were never served. She told us that signing them would do the job of preceding without us having to go up to Lompoc for any of this. Attorney at law in Lompoc, CA. The case was out of Superior court of Santa Barbara, CA.
Thank you, Melissa Vicondoa

[Edited by Tooweedy on 12-16-2000 at 05:56 AM]

 

[PamSJS]

Dear Melissa;

I think probably your best move would be to go to the court where the suit was filed. Tell the clerk you would like to review the file and make copies. These are public documents and you have the right to retrieve these records.
(unless the judge in the case ordered the file sealed, which is very unlikely in this incident).

If a settlement was reached, either before or during the trial, it can be kept confidential, and the only way you would be able to force your sister to disclose the terms of the settlement, including the amount, would be for you to sue her.

It sounds as if there is some problems between the sister and you and the other siblings. None the less, your loss is no less than hers. You may be able to file a case against her, but you would have to seek the advice of an attorney.

If you have these documents (court papers) in your possession when you start looking for a lawyer, your case will be much easier to explain. I wish I could give you more hope.

Probably the best way to reach lawrat or IAAL is to find a rencent post they have answered and ask them to read your post. They are very knowledgeable in the field of law and, if I'm not mistaken, one or both of them is from CA.

Best of luck to you!

Pam