Expert: Doctor Settlement - 5/25/2009

Question
Dear Dr. Settlement:

I appologize for intruding on your Memorial Day weekend. My best wishes to you for this holiday!

As to my attorney (he or she) I just did not care for his or her sex in this e-mail and did not expect that it may be important for you to the extend you would go check my first e-mail. Again, I am sorry for that. I left my feedback and  I feel that you deserve more than I can even say.

As to the judgment, it might make sense if I knew she has a m/practice insurance. Unfortunately, she never responded to my inquiry about her insurance in association with this judgment (it was entered on May 1) and I don't think she is so stupid not to realize these damages.  It exactly appears that she does not care about the damages because she does not carry ins. coverage.

That point also seems to be one of the obstacles in securing a legal m/pract. attorney (as a subject to investigation together with underlying dental case).

Imagine she carries no ins., I pay the judgment, and a new attorney declines this case when he (she) investigates the question and does not want to go after her assets?

Until 30 days lapsed I still have time for a legal remedy before the judge, such as her Retainer does not provide payment of any costs and disbursements other than those from award or settlement. After all, Retainer does not says that I agreed that she files late and thus I undertake risks of her questionable practices?

Please give it a further thought. Once again, thank you very much for your expert input to this situation!

Respectfully, Vlad

Answer
Thanks again for the nice feedback, Vlad.

Yes, the issue of malpractice insurance might tend to influence whether or not an attorney wishes to get involved on your behalf. BUT it does not affect her liability to you.

Besides, how does any attorney KNOW in advance whether or not she is insured.  MOST ATTORNEYS are insured.

As for the comment:
"Until 30 days lapsed I still have time for a legal remedy before the judge, such as her Retainer does not provide payment of any costs and disbursements other than those from award or settlement."

I have no idea how that would play out and you need to get an attorney in your state to see what you mean.  As I understand it, you lost versus the dentist and a judgment of $3,000 was entered versus you.  

What does your attorney's retainer agreement have to do with your liability to the one you sued?  Are you contending that if the judge who entered the judgment against you knew about your retainer agreement he would change the judgment and make it against the attorney?

THAT is clearly NOT EVER going to happen.  Your liability is to the dentist, according to the court.  If you were misled, or you have some other agreement or cause of action with your attorney, then that is YOUR business, and it does NOT impact your basic liability to the dentist.  

This is my last answer on this topic inasmuch as I told you from the outset that I am NOT involved with malpractice claims.  Hence, I do not consider my advice on this topic to be reliable.  Please get some local attorney advice to complete this process, Vlad.  

As I said, why would you pay the judgment when you can use that as part of your damages?  

Anyway, it seems to me that you must sue the attorney ASAP.  Just get an attorney to do that.

Best wishes,

Dr. Settlement