sanding112
Junior Member
New York Case. My grandmother fell back in 12/91 and we sued the owner of the home. The case was settled in 10/2001. The Insurance Agency sent my mother a letter stating that the funds have been sent to the attorney. My mother tried for 3 years to get to the attorney and they kept telling her that they attorney was away or that someone else was handling this or that they were waiting for Medicare to contract them about the lien. She finally felt at a lost and called me. I called threatening to contact the NY Bar association and they finally got on the phone. The attorney called Medicare with me on the phone and Medicare said the last communication with the law office was back in 2000. Which means they never called. Is this considered Malpractice? Are they still entitled to the 33 1/3% fee?