Can the hospital insurance company hold on to your settlement until they find out how it is going to be dispersed?

Asked over 2 years ago - Brooklyn, NY

I won a med. malpractice and my lawyer feels I am financially incompetent so he filed and article 81 against me and he told the judge to hold my money cause the insurance company wants a signed order stating i can have the money. ???? i am 27 years old with a 4 year old by the way. How can this lawyer manipulate the courts to do this to me? All because I got my own financial advisors from metlife. My attor. got mad cause I did not use his people so they can get the big commission from my millions. I asked for all the papers I signed after the settlement in writing and still he has not given it to me. Please help me what he is doing I know has nothing to do with the penal code. You cannot take me to court for a personal opinion you have to have proof!

Attorney answers (3)

  1. Joseph Jonathan Brophy

    Contributor Level 20


    Lawyer agrees

    Answered . You have posted on this problem repeatedly. Filing for an Article 81 guardianship is a pretty drastic step. There has to be a court appointed attorney to investigate the facts objectively, and medical information must be presented to the court. I suggest you talk to the court appointed attorney if you haven't already. That person is there to look after your interests. You are also at liberty to retain your own attorney to oppose the Article 81. Nobody is going to get any money until the Article 81 proceeding is resolved.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    Answered . As Mr. Brophy points out, if an Article 81 has been filed, there will likely be no distribution of the settlement funds until that is resolved. On the other hand, unless the Art. 91 Petition included a provision that permits the Insurance Carrier for the Hospital to hold onto the funds until the Petition is finally resolved, the carrier has no right to unilaterally decide to hold onto the funds. Interest, cost and disbursements may and/or should be tacked on by your attorney filing a Judgment pursuant to CPLR 5003-a. Their refusal to pay is also why he has asked to have the money paid into the court for safekeeping. As suggested, you should speak to the Guardian Ad Litem - court appointed attorney- who is supposed to be looking out for your best interest and/or retain a separate attorney to pursue your interests in the Art. 81 proceeding.

  3. Daniel Joseph Miller


    Contributor Level 10


    Lawyer agrees

    Answered . Sounds like there maybe a few more details regarding this matter. You may want to employ a general practice attorney to assist you in getting your settlement.

    The response herein is for informational purposes only is not legal advice and does not create an attorney/client... more

Related Topics

Medical malpractice and personal injury

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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