Can I the plantif be sued for malicious procicution

[Elaine411]

I hired a lawyer a few years back for a medical malpractice case against a doctor that I ended up injured from. The case resulted in us settling, now a few years later the lawyer I hired is telling me that WE are being sued for malicious procecution. I have not been served and I am being asked to sign An agreement that he is settling and paying them, Is my signature necessary. And am I responsible for any of it if I do or don't sign?

 

[quincy]

I hired a lawyer a few years back for a medical malpractice case against a doctor that I ended up injured from. The case resulted in us settling, now a few years later the lawyer I hired is telling me that WE are being sued for malicious procecution. I have not been served and I am being asked to sign An agreement that he is settling and paying them, Is my signature necessary. And am I responsible for any of it if I do or don't sign?

What is the name of your state?

The medical malpractice case was settled a few years ago?

If you are being sued, you need to be served with a summons and complaint. Even if your former attorney asks you to sign some sort of agreement, I recommend you do not sign anything until you understand what the malicious prosecution suit is all about.

It appears you might need to find another attorney in your area to personally review the matter.

 

[NIV]

Also, most malicious prosecution statutes requires the underlying proceeding to be found in the defendant's favor. What did the settlement entail? Could the defendant argue he got a favorable determination? Were there any defendants who were let go from the litigation that did not take part in the settlement? What was the settlement's scope?

 

[quincy]

A lot of questions, huh?

Right now I question the attorney's directive but more facts are necessary to make sense of it all.