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RunninOnEmpty

Guest
What is the name of your state?What is the name of your state?

Florida.

This inquiry was difficult to place, I wasn't sure where to put it. Hopefully, it is correct or will be moved.

My husband was involved in a MVA 2 yrs ago. Soft tissue and some nerve damage. Driver at fault was excluded from policy and license was suspended. No attorney would take the case.

Husband was seen by doctor for treatment (PT, Nerve conduction studies, cortisone injections, Rx's, etc...) for several months.

During this time the doctor was being investigated by the FBI. (we did not know) The 'doctor' is now serving his first year of a 20 year sentence with no parole. (Charges were health care fraud and distribution of controlled substances) He was not a licensed physician nor a pharmacist. Not a first offence on pharmacutical charges.

The judge ordered full restitution to my husband and many many other vics. We have repeatedly been told by the FBI, our Vic Specialist and the US Parole Officer that restitution will be coming from the cash and assests seized and that the appeal process was nearing the end. We should be hearing something from the USDoJ any day now. Today, we learn from the Federal clerk of courts that we will see nothing basically. The restitution comes from the criminal.....NOT the assests. And he will have to repay when he has served and is employed.

Is this true?

The med practise (buildings and biz) were jointly owed by fake doc and his 'real' doc brother. Brother is still in practise and businesses remain open. (he was investigated himself but not charged with anything to date) Med centers have changed names.

Is there another avenue to explore on retrieving funds we paid out, LOW's, pain and suffering... (not sure of the correct terminology). Our insurance coverage limit was exhausted by the fake doctor.

Is civil court an option on this matter? Would it be against fake doctor? Brother? Med Center?

Any advise or words of wisdom will be greatly appreciated. Thank you kindly.
 
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RandallFabiano

Guest
wow...

You have definately got a case for constructive fraud and definately could go the vicarious liability route on the brother.... Hmm.. Your case presents quite the catch 22.... Contact a lawyer immediately... Florida is one of the weird California-type states that has weird medical reforms... I wouldn't even begin to fully answer this question of the Federal involvement... However I will respond with this answer, Remember OJ.. They couldn't get him on murder so they got him on Wrongful death... Criminal courts and Civil courts are entirely different, they require different evidence and different procedural rules...Do not proceed on a case like this pro se... Contact a civil attorney who has a practice in Medical and Criminal...
 

JETX

Senior Member
First thing you should do is to ignore 'Fabio'. He is a 24 year old unemployed kid in El Paso, with NO legal experience or knowledge (as shown by his error filled post).

So, with that, lets get back to your questions:
The judge ordered full restitution to my husband and many many other vics.
Was this restitution made as part of his criminal proceedings, or was it a separate (unrelated) civil money judgment?? It is important as to what and HOW the judgment reads as to any award.

The restitution comes from the criminal.....NOT the assests. And he will have to repay when he has served and is employed. Is this true?
That is why I asked the above question. If this is in fact a separate civil order, then you could pursue the judgment against any assets that the defendant had at the time of the judgment and claim.

The med practise (buildings and biz) were jointly owed by fake doc and his 'real' doc brother. Brother is still in practise and businesses remain open. (he was investigated himself but not charged with anything to date) Med centers have changed names.
You can forget any claim against his brother, as he is not a party to the claim or the judgment. However, you might be able to pursue your claim against the assets that were in the defendants name.... and eventually transferred to the brother alone, as a 'fraudulent conveyance'.

Is there another avenue to explore on retrieving funds we paid out, LOW's, pain and suffering... (not sure of the correct terminology). Our insurance coverage limit was exhausted by the fake doctor.

Is civil court an option on this matter? Would it be against fake doctor? Brother? Med Center?
This gets sort of complex.... Assuming the SOL has not tolled on your right to claim, you could pursue a separate civil action against the brother AND against his 'medical practice'. Any success in your suit would require a complete (and costly) review of all the assets owned by the brother and the practice... and what happened to them. If they were seized by the government, then they would likely be exempt from any civil seizure. Someone would need to look at the overall claim, and what chance there might be to recover anything. And on that (and that only), 'Fabio' was correct when he said, "Do not proceed on a case like this pro se... Contact an attorney".
 
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RandallFabiano

Guest
I live in California

I live in california, never have lived in El Paso, Was born in Calabasas, California 91302. I am 25 and I dont think you have a clue of who I am.. I would love to show you my credentials and my LSAT scores...
PS
Einstein Once Said: Will Rodgers is an idiot...
Of course Einstein didnt say that but to listen to JetX he certainly knows it all, If you are a lawyer, the judge must run the other way... Jetx in your wise and witty redundant cut downs, do you ever think that just maybe I am utilizing this as way to vent from my studies..... If you want to talk about Medical Malpractice I dont think you could keep up with me. So I aver, I will not promulgate and not gainsay anything you have to say... To See To say... Why do we need a jury we have JEtX
 
RunninOnEmpty

Don't listen to RandallFabiano. He's only using this site to get other people to do his homework for him because he doesn't know what the hell he's talking about. He hasn't made it that far in law school yet. Maybe in 20 years he can answer those questions that you have. But until then you need to listen to someone else. I think I seen him post a case on here like it was his own. That says alot about this person. He can't even use his own problems on a web-site.
 

HomeGuru

Senior Member
RandallFabiano said:
I live in california, never have lived in El Paso, Was born in Calabasas, California 91302. I am 25 and I dont think you have a clue of who I am.. I would love to show you my credentials and my LSAT scores...
PS
Einstein Once Said: Will Rodgers is an idiot...
Of course Einstein didnt say that but to listen to JetX he certainly knows it all, If you are a lawyer, the judge must run the other way... Jetx in your wise and witty redundant cut downs, do you ever think that just maybe I am utilizing this as way to vent from my studies..... If you want to talk about Medical Malpractice I dont think you could keep up with me. So I aver, I will not promulgate and not gainsay anything you have to say... To See To say... Why do we need a jury we have JEtX
**A: future reference.
 

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