Need quick ethics help Pls..

[pennman]

First Thanks for any and all help!

Ok, Here's the background I was rearended by a large company owned pickup truck while stopped at red light in florida. Owner of the truck and company was the driver. He was cited for reckless driving. It's been over 2.5 years since collision and over 6 months since a disk fusion with bone graft for herniated disk at c5-c6 That was atributed to the collision. Surgeon also had to widen the holes the nerve bundles go through as they were crushed. Have been through mediation and given deposition. Adjuster admitted to my atty that I told 100% truth on everything in my depo. they do not dispute liability. It's a "very clean medical" case. No priors no subsequents. Med bills are over 65k most of which were paid by health Ins. Who has waived subrogation rights. Am now living in another state and have to travel 1000mi back and forth to Fl.

Defense has come up to $120K and made an offer of judgement in that ammount. It's 47 days to trial. My offer of judgement expires in 2 weeks.

Here is my problem and my questions,,

Today I found out that I can prove (only suspected it before)the defense atty has with-held documents that were requested in discovery. I have not as yet been able to relay this to my Atty as he was unreachable today. Am I obligated to tell my atty? Does it matter? Is my atty obligated to tell the court. What are the ramifications on my case? I assume the defense will hire new council and request continuance, thus delaying the trial even longer, should it go that far. What about effect on offers of judgement. Can defense atty be disbarred or otherwise sanctioned?

Adjuster has been very difficult to deal with (thus no settlement as yet) and it has already been a long time. Trial is so Close and I don't wish for delays. Where do I stand and what am I obligated to do??

Please Help my head is already spinning over all this.

Thanks for you time,

Pennman

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by pennman:

First Thanks for any and all help!

Ok, Here's the background I was rearended by a large company owned pickup truck while stopped at red light in florida. Owner of the truck and company was the driver. He was cited for reckless driving. It's been over 2.5 years since collision and over 6 months since a disk fusion with bone graft for herniated disk at c5-c6 That was atributed to the collision. Surgeon also had to widen the holes the nerve bundles go through as they were crushed. Have been through mediation and given deposition. Adjuster admitted to my atty that I told 100% truth on everything in my depo. they do not dispute liability. It's a "very clean medical" case. No priors no subsequents. Med bills are over 65k most of which were paid by health Ins. Who has waived subrogation rights. Am now living in another state and have to travel 1000mi back and forth to Fl.

Defense has come up to $120K and made an offer of judgement in that ammount. It's 47 days to trial. My offer of judgement expires in 2 weeks.

Here is my problem and my questions,,

Today I found out that I can prove (only suspected it before)the defense atty has with-held documents that were requested in discovery. I have not as yet been able to relay this to my Atty as he was unreachable today. Am I obligated to tell my atty? Does it matter? Is my atty obligated to tell the court. What are the ramifications on my case? I assume the defense will hire new council and request continuance, thus delaying the trial even longer, should it go that far. What about effect on offers of judgement. Can defense atty be disbarred or otherwise sanctioned?

Adjuster has been very difficult to deal with (thus no settlement as yet) and it has already been a long time. Trial is so Close and I don't wish for delays. Where do I stand and what am I obligated to do??

Please Help my head is already spinning over all this.

Thanks for you time,

Pennman<HR></BLOCKQUOTE>


My response:

First, you are not the one with any ethical obligations - - that's for your attorney, and all "officers of the court" which includes defense counsel However, you do have a duty to yourself in this matter. You've never said what the "evidence" is that seems so damning, so I cannot comment upon that, except to say that you should obviously speak to your attorney about the situation, and he'll know what to do. My opinion about their "offer to compromise": From the way you describe the injuries and the surgery, that's chump change, and in California, your case would be worth between $275,000 to $400,000.00. But, again, that's my opinion and of course, it's really between you and your attorney.

Good luck.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[pennman]

Thanks for your response IAAL,


Here's what I suspected and Why I think I can prove it.

I personaly have reviewed every document turned over by defense to us in discovery (2 stacks over 6 inches each). The documents in question are medical records for the year 89. I believe the defense atty withheld them.
The Defense with my permission requested and received all medical records from 1980 to present. When I reviewed the records turned over in discovery from the local hospital all documents pertaining to a 3 day admission in 1989 were missing. Again, these files were exactly what the defense council sent us not copies that my atty made for me.

I confirmed today that the hospital has documented that the defense did receive my entire chart (436 pages) including the records from the 89 admission. This admission had nothing to do with any type of injury. It was related to a substance abuse incedent.

My feeling is they are trying to lowball me in expectation of springing this on us either at trial to make me look bad to the jury, or just before trial with another lowball offer. I have no intentions of accepting 120k$

Am I obligated to tell my atty before trial?
What are the penalties to the defense atty for this? It will most likely delay everything again won't it

Thanks again for your time,

Pennman

 

[lars coltrane]

You should tell all of this to your lawyer. A lawyer with full knowledge is better able to represent your interests. If I was faced with your facts, I would prepare a pre-trial motion asking that the court exclude the medical records and any mention of substance abuse on the grounds of the time frame, it is prejudicial and that the defense lawyer withheld it from discovery.

let us know what happens with your case.

 

[pennman]

Thanks,

The Motion in Limine which was filed either yesterday or today already includes the request to exclude all such information to the jury. I assume this will strengthen the motion to exclude.

I guess what I really need to know is can the defense use this to get a continuance? They are trying to wear me down by making me go back and forth to florida and by dragging it out.

Thanks again,

Pennman

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by pennman:
Thanks,

The Motion in Limine which was filed either yesterday or today already includes the request to exclude all such information to the jury. I assume this will strengthen the motion to exclude.

I guess what I really need to know is can the defense use this to get a continuance? They are trying to wear me down by making me go back and forth to florida and by dragging it out.

Thanks again,

Pennman<HR></BLOCKQUOTE>

My response:

No, I don't see that type of information as being a reason for a continuance. I can only surmize that any continuances will be due to court congestion; or, by law, juvenile matters, criminal matters, and matters concerning the aged, all take precedence before other types of cases. These type of continuances happen frequently.
It's nerve-wracking when it happens, but it does happen.

Any other thoughts, Lars? Agree, disagree?

Thanks, and please do keep Lars and me informed as your case progresses.

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[pennman]

Thanks for all your input gentlemen.

My counsel has known about this 89 admission for over 2 years. I have never held anything back from him and have admitted to all my past indiscresions. As I said in a previous post I was completely honest about EVERYTHING in my deposition as well. I may not be very knowlegable about the law (or be a good speller) but I am no fool.

I have spoken with my counsel and relayed all of the info I have on the defense counsels folly. I thought it was a much worse offense than it seems to really be in Florida. However it is now an ace in our hand and will be played at the apropriate time.

Again, I apreciate all your help. I do have one more question though.

Part of the reason my surgery was delayed so long is because the first surgeon I saw sent me for various testing (mylogram, CT scan, bone scan, nerve conduction). When I went back for a follow up after the all the testing was done, the surgeon first asked me (I mean it was the very first thing out of his mouth) if I was involved in litigation. I reponded truthfully in the affirmative. He then proceeded to tell me I had nothing wrong with me and would not require any treatment. He then called my PCP and told him that he would not treat me because I was involved in litigation and his hospital was in bankruptcy (this is documented). My PCP then told me that this surgeon puposefully misdiagnosed me to avoid becoming involved in litigation. I was referred to another Surgeon (who by the way is an associate proffesor at Pitt medical school and one of the top 5 cutters in the world. No way his credentials can be impeached). This new surgeon saw right away what the problem was and discovered I was slowly losing the use of my left arm. He ordered a fusion asap.

I filed a complaint with my HMO and am drafting a letter to my state medical board. Does anyone think I have a malpractice claim? If so how would it affect my current personal injury suit?

Thanks again, You guys are very helpfull,

Pennman

 

[lars coltrane]

I agree with IAAL about the contiuance. It is up to the court. I am sure your lawyer knows what courts are doing in your area and can give you more accurate information than either of us.

About the 1st dr. and a med mal. claim, on the face of it, it does not sound like you have a claim. He said that nothing was wrong with you, but you went to another dr. and received the correct type of treatment. If I am missing something, it is what did the first dr. do to you that increased your injury? If it is only a delay, with no change due to the delay, then you would not have a good malpractice case, though you do have a greivance.

Do let us know what happens with the trial.

 

[pennman]

Thank you for all of your help. I will let you know how it turns out


Pennman