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Just Dont Know Anymore....

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MacShannon

Junior Member
What is the name of your state (only U.S. law)? FL
I was involved in an auto accident that was not my fault. Person who hit me had the "bare minimum" insurance as required by State law. It was not even enough to cover my medical bills. I was left with permanent damage. The problem arose when my cast came off and I knew something was not right. I had a shattered bone and the pain was almost unbearable. I contacted my attorney on many occaisions to tell him something was not right. He informed me that he has seen many injuries of this nature and that I would be just fine. (says a short stint in medical school makes him even more of an "expert") Well needless to say he was WRONG. The plate that was put in ended up breaking in half, requiring yet another surgery 8 months after the first. Thank God for the wonderful surgeon I had. Without health insurance I was scared to death. This Doctor not only did the surgery at no cost but also got the hospital to waive all fees. What bothers me the most is that this attorney did not take me serious. Closed my case before the Dr. signed me off. He would rant and rave his political views and preach to me about Tort Reform. His speeches were often peppered with many "F" bombs and he also had some perverted humor. After all I have been through, the thought of taking this bad apple down is almost too much to think of. I have consulted with several attorneys and they are more for going after the Dr. Now why would I want to do that? I believe this laywer was just a typical, sterotyped scum of the earth. He got his quick several thousand and that was that? Anyone else ever been let down like this? What would you think or do? I just dont know anymore. I try to let it all go and heal and get on with life but I didnt do anything wrong...I didnt ask for some idiot to pull out in front of me......:(
 


justalayman

Senior Member
there are several basic rules in life. Among them are:

do not take medical advice from a lawyer
do not take legal advice from a doctor


You hire a pro for the expertise they are license for.


Not real sure why you are upset at the attorney. If the doctor that performed the surgery screwed up, you need to consider a malpractice action against him. The person that hit you is not liable. Your attorney was correct in not considering this to be part of your original action as it isn't. The other driver would be liable for normal complications but not for the malpractice of a treating physician.
 

MacShannon

Junior Member
I totally agree with what you say...maybe I didnt word this right. I just felt the attorney closed the case too quick. I was only out of the cast for two weeks. The injury was no where near healed. Even the Dr. was shocked when he learned that case was closed. SHouldent the attorney have waited to see the extent of my injuries? IDK....maybe I just need to let this all go.
 

justalayman

Senior Member
the attorney cannot close the case without your approval. You say no, the attorney cannot act against your statement.

What do you think you would have gained anyway? While waiting a reasonable time to determine the probable outcome is prudent, there is generally no need, or even the possibility, of waiting until everything is known.

From what you have said, it is likely your accident case had been concluded and were actually into what may have been a medical malpractice case. You didn't want that getting into court in the car accident case as it would basically stop all claims at the point of surgery. The defendant could claim that the injuries you were now suffering were due to the malpractice and not the car accident. That could cut a considerable amount of your claim from him. Post op recovery, pain and suffering, any continuing medical care needed. It could simply be the attorney felt you were offered as much as you were likely to get.
 

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