Breach of Fiduciary Duty or Unlawful Concealment of Evidence

[hdtps]

My jurisdiction is: Florida

Breach of Fiduciary Duty or Unlawful Concealment?
I settled my case regarding the death of my 10 year old son a couple of years ago. I went through hell with my attorneys and the defendants. After signing off to a settlement that would only release the doctor's medical insurance agency and NOT my claims against the actual doctors and the hospital, I found out that my attorneys falsified documents, concealed and withheld evidence, as well as was negligent in filing the statute in a timely manner to summons 3 of the defendants.

I am still trying to seek justice for my son and my family and wanted to know if this information and evidence that I've found can be brought up again to file another suit, possible against my attorneys and for the doctors and the hospitals which I apparently lost when I signed off on the release (which I was told was only for that agency)?

Also, would this be an example of "breach of fiduciary duty" on the part of the defendants or some type of unlawful concealment of evidence or legal malpractice on the attorney's part?

 

[dee_dub]

I'm confused. First, why do you say your release only released the insurer? Did you have separate claims against the doctor's insurance company AND the doctor and hospital? That strikes me as unusual - I would have thought the insurance company would only be in the background to pay whatever liability the doctor and hospital might incur. I would be surprised if your release did not release the doctor and hospital.

It seems the release made you lose your ability to sue the doctor and hospital, which suggests that it WAS a release of your claim against them as well. Now maybe that wasn't adequately explained to you at the time, and maybe you have a claim against your lawyer for negligence in that respect. I suspect it would be very difficult to prove.

Falsifying evidence and concealing documents are serious allegations. Probably grounds for a complaint to the law society. As far as a civil suit, I'm not sure what this would get you in this case even if you could prove them - you'd need to show this negatively affected your position somehow, and it's not clear from what you've said so far how (or whether) it did.

The defendants don't owe you any kind of fiduciary duty. It's an adversarial system.

 

[lwpat]

If your attorney was negligent start by filing a complaint with the state bar. The SOL has probably run but if it was fraudulent and you just found out, then you may still be able to file suit.