• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Soon-to-be-ex-hubby's med mal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

PeacefulHeart

Junior Member
What is the name of your state?What is the name of your state? Florida

Hello,
My husband and I have been separated for over a year and will be filing for a non-contested divorce in the near future. Approx 2 1/2 years ago (while we were very much together), he underwent surgery on his urethra. Fast foward until last month....he went to a 2nd doctor, who supposedly told him that the first doctor "messed up." I don't know if this is true or not....my husband tends to point the finger whenever anything goes wrong. But my question is this: although I have no desire to seek any med mal suit against the doctor (I don't even know if I would have a case...and I'm not interested in that), if my husband seeks damages from this first surgeon, am I entitled to a portion of his settlement since we were married at the time of the malpractice? I just want to protect my financial interests - after all, I was the one who took care of him during his recouperation period. If I am entitled to a portion, is there a set percentage that I need to put in my non-contested divorce papers (ie: Wife shall receive X% of any suit/settlement in connection with Husband's medical claim against Doctor X)? I don't want more than what is rightfully mine (if any of it IS rightfully mine).

Question #2: Should I contact the first doctor to put him on notice that IF my husband tries to seek monetary damages from him (or his insurance carrier), that I am to be notified, as I may be entitled to a portion of it? I'm concerned that my husband will seek settlement without filing a formal complaint - thus I won't be able to find out through public records that he received something for this mistake. Is there a way to find out who the malpractice carrier is for this doctor, so I may put them on notice prior to filing for divorce? If they are on notice, do they have to advise me if a claim comes in from this incident?

I appreciate any advice you may give!!
 


ellencee

Senior Member
You should definitely NOT contact the physician. All of the other is possible but depending on circumstances. Now, you need a divorce attorney. I do not recommend that you try to do this part of your divorce without legal counsel.

EC
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top