Posted on 07/26/2005 6:38:49 PM PDT by mfreddy
In February '04 my wife gave birth to a son who suffered a massive brain injury 12 hours after birth. After much counseling and consideration we have decided to consult with a leading med/mal attorney who has been consulting with experts regarding the merits of a possible case against a number of providers that were involved prior to as well as after delivery.
My question is regarding fees. I believe there are general standards regarding fees and I'd like to know what is appropriate and reasonable. Is this something that can be negotiated? The attorney reviewing this matter is a leader and well recognized in the med/mal world and I don't want to offend him. I feel I need to obtain advice in this matter before meeting with him later this week. My wife and I have not entered into any agreements to date and want to be prepared as we approach this subject. His research so far has been extensive and he has agreed to provide this service without charge due to the possible merits of our case.
Thanks to all that can help.
read again my friend - I said UNINVOLVED doctors, etc. -go to another hospital, university, city, state - find MD's who dont know those involved.
What we know for certain is that a malpractice suit is being considered with no evidence whatsoever of malpractice. When some evidence is presented, we can reconsider.
It is not what I had hoped for but is, to an extent, what I expected. I have pretty thick skin. I knew I'd have to wade through the crap but would receive thoughtful advice and words of encouragement from the wonderful people who have made Free Republic what it is.
Yes, they'll speak in complete freedom, knowing they have no attorneys from the hospital or their own malpractice insurer looking over their shoulder, and especially knowing they'll be free from subpoena or liability or hassle for the consultation.
No lawyers involved at all, only the one freddy would get.
Right.
Agreed. Just because it will cost a lot of money does not mean that justifies ruining more lives without evidence of fault.
My wife and I are raising a handi-capped child. It sounds like your situation is more difficult, however, and I wish you the very best. I'm not a doctor or a lawyer -- and I wish I could be of help -- but you DO have my prayers on this and I'm sorry a longtime FReeper is catching flack for simply asking a question and is not being given the benefit of the doubt (by some).
Mr. P - you seem enamored of trial attorneys and their benevolence. I wonder why they support the democrats so handidly. what do you do for a living? Have you ever had one of these selfless warriors trying to bankruot you?
It sounds as if you are coming from a good place. Not only are you entitled to have a complete legal medical review of your son's current medical condition and his medical history, but you might also be doing a good service for future patients and their parents.
If negligent medical care caused your son's injuries, it will be discovered and similar errors can be prevented.
If your son's condition is discovered to be something which simply occurred on its own, a legal medical review will discover that, too. The review just might bring some relief and closure for you and the medical staff.
The problem here is that no assertion of malpractice has been made, even after the question was asked. There may be some, and it is worth the effort to investigate, but that was not the initial question.
It varies by geographic area and by strength of case. Most places it is in the 1/3 to 40% range. For a strong case with a high potential recovery, it may go as low as 25%. If they want more than 40%, ask why and shop around. Most will generally take expenses off the top before making the split - ask about that - it should be spelled out in the agreement. Also ask what is included. It should be less if the case settles or settles before a certain point.
I knew you were straining under that fallacy. I'm ashamed of the plaintiffs' bar (the trial lawyers) because of the public abuses of the big cases like the McDonalds coffee and asbestos and breast implants, etc. All very bad law.
I'm a real estate lawyer and I've been sued. I know what it's like.
But you're giving Freddy phenomonally bad advice. The gist of your position is that if he cannot prove to you on this forum that the doctor was at fault, then he must be after blood money.
You don't think it's possible that the doctor might be at fault, and further, you're implying that if he doesn't get an attorney, then no attorneys will be involved. That's BS. You have to know that defense attorneys and insurance company attorneys lean on doctors to conceal errors. You can't be so naive as to think that doctors are free in this day and age to be paragons of truth and honesty, even to their own detriment and liability.
Good grief.
Yes, because it will make salbam and balrog666 feel better.
</Sarcasm>
Many options. Contact your state medical board. Contact your local teaching university, or many others at a distance. Many excellent facilities that do pro bono and charity work. FOR NOTHING. Your lawyer is reviewing things for one reason - a big paycheck. Could car eless about anything else. Not too sound cold, but John Edwards would not take cases of a dead baby. No victim to parade in the courtroom. No emotional response of the magnitude he needs for a big verdict. Your lawyer is no idiot. Free republic is one of the most conservative websites in the world. And look at the wave of sympathy you have received here with people wanting to help with a big $ verdict to help out with expenses. And this website is presumably not sympathetic to trial lawyers. Imagine how he could do with a real jury less conservative philosophically. Their natural instinct is to want to help the child, not determine right or wrong, even here, even on Free republic. and that is why good doctors are being chased out of OB/GYN every day here in America. Dont believe me? Look it up. Look at FL, NV, GA, NJ. etc. When you are sick in the ER with no money Saturday at 3am who comes in to take care of you with no expectation of being paid? Trying calling a lawyer at that hour and tell him you want free legal advice in person immediately and if it doesnt work out you are going to sue him ofr all he is worth. Tell me how many seconds it is before he hangs up
I don't think anything will make them feel better.....
Nothing worse than snotty, cold attitudes....imho.
Don't worry about me taking Salbam and Balrog's advice. I don't have anything to prove to them. I will consider the thoughtful advice and kind words of the contributing members of this thread and flush the rest like they deserve.
Do yourself a favor: ignore the creeps who want to saddle you with guilt over CONSULTING with a lawyer. Their motives are selfish, they want to make points on a political web forum and feel so good about their highminded trashing of your motives.
This thread makes me sick.
My advice is to get answers, Not $$.
If thats bad advice to you, then go for the $$.
You should be proud of that then.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.