Appeal taken from denial of plaintiff's motion to set aside dismissal against doctor.

Question

How from legal prospective plaintiff's dismissal of the case based on informal promise of doctor to amend records could be misrepresented as "not inadvertent" mistake? Plaintiff acted in good faith, after medical evidences were presented to doctor. Doctor committed fraud, not plaintiff.

James L. Arrasmith · Answer

From a legal standpoint in California, your dismissal based on the doctor's informal promise could be challenged as "not inadvertent" if there was no formal, written agreement documenting the doctor's commitment to amend the records. Courts typically require clear documentation of such agreements to prevent misunderstandings or disputes later. 
 
Your good faith actions and the presentation of medical evidence are important factors, but without proper documentation of the agreement, it might appear that you voluntarily dismissed the case without securing legally binding assurances. The court might view this as a deliberate choice rather than a mistake, even though you were acting on what you believed to be a sincere promise. 
 
To strengthen your position, you'll need to gather evidence of the doctor's promise and any communications that led to your decision to dismiss. This could include emails, text messages, or witnesses who were present during discussions. Additionally, documenting the doctor's subsequent refusal to amend the records and any pattern of misrepresentation would help demonstrate that you were misled into dismissing the case, supporting your argument that the dismissal was indeed inadvertent and based on fraudulent representations.

Q: Appeal taken from denial of plaintiff's motion to set aside dismissal against doctor.