Attorney Lied to Me Via Emails

[laffytaffy]

My question involves malpractice by a lawyer in the state of: CA

My question involves malpractice by a lawyer in the state of: CA

I was rear ended in an auto accident that left me with two herniated discs (L4 - herniated 3-4 and L5 herniated 6) and an annular fissure in Sept 2008. My case was submitted in May 2009. In July 2009, my attorney's office emailed me a requestion to 'come into the office to answer a few questions so you can get your settlement'. I went in and when I arrived my attorney told me that my case was under investigation and that I was going to make a taped statement to the fraud investigation officer in the other room. I was stunned. I looked around and saw some bottles of hard alcohol in the corner of his office and then became very worried.

After I made the statement, my lawyer told me not to worry about anything, because I needed to remember that her policy was worth $300,000 (he had informed me of this via email a month before). He also would not tell me what the case was being investigated for. I was also not able to find out the amount of my medical bills (I had facet injections, physical therapy, and chiropractor visits, the physical therapy/chiropractor sessions were bundled together for a total of 12 to 15 visits.)

In Dec 2009, I got a new attorney to take over my court case (the insurance company was only offering 10k to settle) and then found out the truth. My medical bills were over 120k, 95 percent of the total was generated from the Dr my original attorney had referred me to, The BlahBlah Clinic, the other driver's policy had a limit of 100k, and he had not tried to lower my bill with the BlahBlah clinic by negotiation!! My case was being investigated because of the Blah Blah Clinic's treatments, which turned out to be wrong for my ailment!

My second lawyer and I disagreed on how much medical care I could pursue with the new doctor he found me. I was only able to see the doctor once (he ordered a new MRI, examined me, and suggested I get back surgery), but due to the level of pain I was enduring, I wanted to add some physical therapy sessions, etc until I could get the needed back surgery. I was also upset that he had not made the Blah Blah Clinic reduce their overly inflated fees (that were around 110k of the 120k total in medicals). So, the second lawyer dropped from the case and I can't find anyone else to take the case and am looking at settling it myself. The insurance company is only offering 10k.

I feel that both attorneys screwed up my case, but feel that the first attorney messed up with worst, whereas with the second attorney it was more of a personality conflict. How good is my legal malpractice case against the first attorney? He lied to me at least two times I can document via email.

[Mr. Knowitall]

It sounds like the insurance may have been a 100/300 policy - coverage of up to $100K per victim, capped at a total of $300K per accident. We can't investigate that for you. But whatever the insurance coverage happens to have been, nothing your attorney told you would have changed the amount of coverage available.

It's not unusual for attorneys to try to negotiate reductions of medical liens in association with the settlement of cases, but that's a lot different from telling doctors what they can charge. Attorneys can't "make" doctors reduce their fees, and doctors are free to say "No, I won't reduce my fees or bills, and I prefer to be paid in full."

I don't see how your second lawyer could have prevented you from seeking medical care. If you're stating that he wouldn't pay for your care, that's not his job - he's not a health insurance company. And again, there's no magic wand a lawyer can wave to make your medical bills go away.

If the clinic that's billing you $110,000 misdiagnosed you and gave you the wrong treatment, try consulting a medical malpractice lawyer or retaining a lawyer to negotiate the medical bill on the basis of that error.

[Who'sThatGuy]

I don't understand, you had facet injections (tops 3) and 12 to 15 physical therapy, and chiropractor visits for a total of $120,000. Throw an ER visit and a CT scan and I still can't come up with a figure close to that.

[laffytaffy]

That is what I can't understand either! Why is BlahBlah clinic charging so much for so little? Isn't that fraud? Why didn't my original lawyer try to negotiate the bill down?

Ugh, I wish Mr Know It All would stop trolling me. Geez, loser.

The problem with the second lawyer, is the doctor he sent me to, is also on staff at the Blah Blah clinic. Even though the second doctor verified that I do need surgery due to my symptoms, the insurance company is still only offering 10k, due to his association with the first Doctor. I do feel that my second attorney should arrange for me to see an orthopedic surgeon not affiliated with the first, so I can prove my case.

[Dogmatique]

That is what I can't understand either! Why is BlahBlah clinic charging so much for so little? Isn't that fraud? Why didn't my original lawyer try to negotiate the bill down?

Ugh, I wish Mr Know It All would stop trolling me. Geez, loser.

The problem with the second lawyer, is the doctor he sent me to, is also on staff at the Blah Blah clinic. Even though the second doctor verified that I do need surgery due to my symptoms, the insurance company is still only offering 10k, due to his association with the first Doctor. I do feel that my second attorney should arrange for me to see an orthopedic surgeon not affiliated with the first, so I can prove my case.

I suggest you drop your attitude right about...now.

MKIA is one of the most experienced, patient and helpful volunteers on this site.

Sorry he doesn't tell people what they WANT to hear.

[laffytaffy]

Mr Know It All has a poor way of interacting with humans which is why he is moderating a message board behind a screename and not practicing law. He has no right to suggest that I was cut off by a doctor for abusing opiates.

[Dogmatique]

I'm sorry - where did he EVER suggest that?

Did I miss that?

[laffytaffy]

See my thread in the medical malpractice forum. I'll make sure I spread the world online about how rude your moderators are on this site. Great job.

[Dogmatique]

Oh, I saw your thread.

Apparently you don't think Tramadol is a painkiller? *confused*

[jk]

MrK did give you this advice which is about all you can really expect:

If the clinic that's billing you $110,000 misdiagnosed you and gave you the wrong treatment, try consulting a medical malpractice lawyer or retaining a lawyer to negotiate the medical bill on the basis of that error

I can assure you you have no chance of prevailing trying to go it alone against a lawyer.

and to this:

. I do feel that my second attorney should arrange for me to see an orthopedic surgeon not affiliated with the first, so I can prove my case.

are you prepared to pay for that medical evaluation? It's not free.

My second lawyer and I disagreed on how much medical care I could pursue with the new doctor he found me. I was only able to see the doctor once (he ordered a new MRI, examined me, and suggested I get back surgery), but due to the level of pain I was enduring, I wanted to add some physical therapy sessions, etc until I could get the needed back surgery.

the lawyer has nothing to do with your treatment. If you believe PT is appropriate, then find a doctor that also believes it to be appropriate and ask him to order PT for you.