Legal Malpractice

Doctor Sues his Attorneys when they Settle a Case Without Telling Him

By (Andrew Lavoott Bluestone)

Here is a case from Louisiana found by the Law Profession Blog..  While it has very unfamiliar language in it, the situation is very familiar.  Doctor is sued for medical malpractice.  He does not have a consent policy.  Carrier settles without telling him some important things, such as, they waived a jury trial for him.  He sues the carrier and the attorneys for settling without telling him.  Result?  The case continues.  Dismissal in favor of the carrier reversed.

Here are some of the interesting terms:  "precription"  "permeptory exception of peremption." 

Familar issues:  discovery versus statute of limitations, waiting too long to sue.  The court says: "After careful review of the record, we find it was reasonable for Dr. Teague not to recognise what prompted the defendants to mediate and settle...."

Full post as published by New York Attorney Malpractice Blog on February 04, 2008 (boomark / email).