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I filed a malpractice lawsuit on behalf of my daughter who at the time had just turned 22. Why wasn't I part of the settlement?
Ballston Spa, NY
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Posted 25 days ago in Medical Malpractice
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In January of 2005, my daughter was misdiagnosed and malpractice was legally determined. As a result of surgeries (including a liver transplant) my former employer of almost 20 years began bullying me knowing my daughter was very ill. As a result, I could not continue employment because of the stress inflicted (a sexual remark was also made to me). I left the company and went out on disability in December 0f 2006. Can I still file a law suit against my former employer or has the statue of limitation expired?
Meantime, as a result of my daughter's malpractice, she became disabled under my care. I was both her caregiver and had power of attorney. The settlement was 2.5 million dollars. I received no compensation from this lawsuit. Can I contest this settlement and file a suit? Tx - Is this your question? Add additional information Answers (1)
Ronald Anthony Sarno
This attorney is licensed in New York and 1 other state.
Posted 24 days ago.
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Personal injury suit in NYS has a statute of limitation of three years, so up to December 2009 is still viable.
I cannot reply to your inquiry about the malpractice suit. I do not know if you were a party, I do not what the settlement stated and who agreed to it. I am assuming that your daughter executed the settlement. I am assuming she was represented by counsel. That counsel may be subject to a malpractice suit if you were deliberately left out of the settlement. But it sounds to me as if you were never a party to the suit. You cannot be added to a suit years after it has been settled. On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you: Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems; Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..………………………….. Medical Malpractice…………………………………………………………………….. LEGAL DISCLAIMER………………………………………………………………….. Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue. |
