California:
I over-looked paying my W.C. premium and during the gap of coverage, my employee assaulted another employee without subsequent injury. I'm a solo physician and became an "Uninsured Employer".....terrible position to be in due to an over-sight.
Employee filed a civil suit against me as well as a W.C. case. Yes...legally she was entitled to pursue two remedies.
Without injury, she never missed a day in another job once she left my office.
She lost the civil action on a Summary Judgment. Re: the W.C. claim, my attorney had three of her fellow employees scheduled for depositions who would testify this employee never voiced any physical complaints as she continued working a second job.
Without a case, her attorney called mine and offered a "verbal settlement" to dismiss the W.C. case. My attorney forgot about the agreement and failed to mail any Settlement Memorandom, and delayed six weeks in mailing OPC proper dismissal docs for signatures by the plaintiff and her counsel. W.C. case remained open, unbeknownst to my counsel, was shocked when informed she was absent at the first Status Hearing. She tried to cover up her "forgetfulness"thru several letters to me which characterized and blame OPC as "a snake breaking his verbal promise." Opposing counsel started playing games stating they never received the delayed docs for signatures..." we've looked thru the entire office and can't find a thing....no signatures mean no dismissal, right?....see you at the next W.C. Hearing."
To date I've had to borrow over $50,000 to pay medical providers and continuing liens still coming into the W.C.A.B., all because she negligence to follow-up the verbal agreement with a signed Dismissal Stipulation that could have been presented to a W.C. Judge for Dismissal.
Question: would a reasonable attorney, not send a leter or Settlement Memordom ASAP, and would a reasonable attorney wait six weeks to mail dismissal docs for signatures by plaintiff and her counsel and never contact OPC? I want to file a legal malpractice law-suit against her for breech of fiduciary duty, negligence and breech of contract. Having alot of trouble finding a legal malpractice attorney, who will accept this case on contingency; they state, we don't engage in cases with less than $100,000 in damages.
From law library readings, I believe I have a three sound causations, using standards of a reasonable attorney, proximate cause, the "but for" criteria and Proximate cause (negligence)
Any affirming or negative thoughts out there about my logic based on the presented facts?
I over-looked paying my W.C. premium and during the gap of coverage, my employee assaulted another employee without subsequent injury. I'm a solo physician and became an "Uninsured Employer".....terrible position to be in due to an over-sight.
Employee filed a civil suit against me as well as a W.C. case. Yes...legally she was entitled to pursue two remedies.
Without injury, she never missed a day in another job once she left my office.
She lost the civil action on a Summary Judgment. Re: the W.C. claim, my attorney had three of her fellow employees scheduled for depositions who would testify this employee never voiced any physical complaints as she continued working a second job.
Without a case, her attorney called mine and offered a "verbal settlement" to dismiss the W.C. case. My attorney forgot about the agreement and failed to mail any Settlement Memorandom, and delayed six weeks in mailing OPC proper dismissal docs for signatures by the plaintiff and her counsel. W.C. case remained open, unbeknownst to my counsel, was shocked when informed she was absent at the first Status Hearing. She tried to cover up her "forgetfulness"thru several letters to me which characterized and blame OPC as "a snake breaking his verbal promise." Opposing counsel started playing games stating they never received the delayed docs for signatures..." we've looked thru the entire office and can't find a thing....no signatures mean no dismissal, right?....see you at the next W.C. Hearing."
To date I've had to borrow over $50,000 to pay medical providers and continuing liens still coming into the W.C.A.B., all because she negligence to follow-up the verbal agreement with a signed Dismissal Stipulation that could have been presented to a W.C. Judge for Dismissal.
Question: would a reasonable attorney, not send a leter or Settlement Memordom ASAP, and would a reasonable attorney wait six weeks to mail dismissal docs for signatures by plaintiff and her counsel and never contact OPC? I want to file a legal malpractice law-suit against her for breech of fiduciary duty, negligence and breech of contract. Having alot of trouble finding a legal malpractice attorney, who will accept this case on contingency; they state, we don't engage in cases with less than $100,000 in damages.
From law library readings, I believe I have a three sound causations, using standards of a reasonable attorney, proximate cause, the "but for" criteria and Proximate cause (negligence)
Any affirming or negative thoughts out there about my logic based on the presented facts?