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Mediation agrrement was breached, what options I have? Also I don't trust my lawyer, can I hire another one now?

New York, NY |

I have a case of dental malpractice. During a root canal treatment the dentist perforated the apex and pushed cement into my sinus. After going through a lot of pain I had surgery to remove the cement.
My lawyer is working on my case for more than 4 years. There are clear evidences of what happened: doctors consultations, X-Rays, surgeon report...etc.
Finaly on Dec 7, 2012 I had mediation and we signed a settlement agreement. According to the mediation agreement the settlement should be paid within 30 days from the date of the mediation..07-Dec-2012. My lawyer has no answer for me. He says that he keeps contacting daily the other party and he gets no answer.
When my lawyer took my case he mentioned that he could get a 6 digits settlement and at the mediation he said that I can get nothing.

Attorney Answers 7

Posted

This is a question that you need to speak directly with your attorney about.

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6 comments

Asker

Posted

He is always busy, no time for me and avoids answers to my questions

Kevin Coluccio

Kevin Coluccio

Posted

Put your request to meet with him in writing.

Asker

Posted

I did and so far no answer.

Asker

Posted

If the settlement was not paid in time, can I proceed in court?

Kevin Coluccio

Kevin Coluccio

Posted

it depends on the wording of the agreement. You need to write and ask again for a meeting with your attorney. Attorneys on AVVO can not give you specific advice on the settlement or how to proceed.

Asker

Posted

Many thanks

Posted

I would speak with your lawyer concerning your options to enforce the mediation agreement. I would imagine that you should receive the check soon.

The fact your lawyer thought the case was "six-figures" and then later feels it is a case where you could get "nothing" tends to have me believe that some of the necessary elements for a medical malpractice case were not strong.

Good luck.

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4 comments

Asker

Posted

During the mediation my lawyer was very agitated, didn't talk at all to support my case. He was trying to convince me to accept what they offer and not to proceed in court.

Kenneth Lee LaBore

Kenneth Lee LaBore

Posted

At mediations, both sides argue the case before the hearing in the form of an mediation brochure. The mediator then focuses on the areas of dispute. The mediator is a messenger for both sides and without being there and knowing the facts of your case it is impossible to know if you got a fair settlement. Discuss your options with your lawyer.

Asker

Posted

The dentist lawyer keeps saying that the endodontist that i have seen after and finished the root canal treatment pushed that cement into my sinus. But there are X-rays taken before to see the endodontist showing the opacity. I don't understand why my lawyer didn't try to prove that she is lying.

Asker

Posted

on the initial X-rays taken by the dentist that opacity did not exist nd appeared after her itervention

Posted

I agree with the other posted answers.
Good luck-hope you get your check.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

Things can happen (or be learned) during the course of a case that make it stronger or weaker. We can't answer what occurred in your case in this forum. As to the hold-up on the check, it can happen sometimes. Perhaps the mediator can help figure out what's going on. No sense hiring a new layer now and I doubt you would find one at this stage of the case.

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Posted

If your case settled at the mediation, you are unlikely to find an attorney to take over the case, since there is nothing in it for them. Your other attorney has fully earned his fee. It is odd, that he hasn't been able to get an answer. It's time for him to send a certified letter, and perhaps involve the court.

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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Posted

Your lawyer has a vested interest in obtaining the money, as his fee comes out of it. Call him to discuss the options.

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

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Posted

You can always switch lawyers, but first discuss the matter in detail with your lawyer. If you signed an agreement with your lawyer's advice, then it is very hard to overturn it unless there was fraud, coercion, undue influence or you were incompetent, or under the influence of drugs or alcohol.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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