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I had a malpractice suit against a hospital 14 years ago. The case was settled in 2000 and I haven't been paid, what can I do?

Brooklyn, NY |

The lawyers have the money in a bank and have been collecting interest on it for 12 years. They have refused to pay my portion of the settlement. I have a child at home who has suffered mental disabilities as a result of the malpractice and needs better accommodations but I don't have the money. Medicare has reduced the amount of hours for nursing services because they know of the settlement and think that I have received the money. How can I get the money? Who do I contact?

Attorney Answers 4


  1. Best answer

    From what you have posted, it appears that your child's case was settled with an Infant's Compromise Order which directed the payment of at least a portion of the settlement proceeds into a bank account which cannot be reached without court order.

    If the attorneys who handled the case in 2000 are unwilling to make the application to the Judge for you to withdraw monies from this account for your child, you will need to take the Infant's compromise Order and supporting papers to a new attorney. Use the Avvo find a lawyer function to locate an experienced personal injury attorney in Brooklyn (there are no shortage of good attorneys there) to help you.

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


  2. Call the disciplinary board in your state, and they will get to the bottom of this.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  3. Contact the NY bar or another attorney.
    Regards,
    Nicklaus Misiti
    Law Offices of NIcklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  4. In writing and by certified mail, you should ask the attorneys where the money has been deposited, and for an accounting of the money that is there. Once they respond, attorneys on this site will be better able to advise you. It isn't clear if there is any wrong doing, but there could be.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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