medical malpractice

california

my dentist authorized 2000mg. of penicillin and was aware i was allergic. this was my second reaction and severe. i am left with scarring and a permanent photosensitivity to the sun. she has never denied responsibility. i have two weeks before the statutes of limitation runs out. i have been advised by a malpractice attorney but have tried to settle outside of court. my hard costs are near $50K my injury was 7-11-00 and they made a first offer on 3-15-01 of $18K.i have kept journals, dr. records, etc. as the insurance co. requested. i feel like i signed my life away with an attorney yesterday when all i really wanted to do was have him file a claim with the court to buy me some time.

do i have to use this attorney? if i reach a settlement without going to court, do i have to give this attorney part of my settlement. this attorney has not even said he would take my case or even file the claim until he looked into it. can i just pay to have an attorney file this claim?