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.
How did the injury occur?
I am very sorry that your boy was injured.
prayers to you and your family -
just ask the atty about fees. it won't offend him. he expects this question.
Nothing can "make it all better" but there is a basis for legitimate lawsuits at times. If my child suffered an injury at the hands of someones else, you can bet your @ss I would sue too!
blood money? do you have any idea how much it will cost to raise this child.
I always negotiate/haggle with them. They don't mind as they have no soul. Sorry to hear about your son. Best wishes.
My wife is an attorney who does some of this work, and she usually works in conjunction with a very well-known malpractice lawyer. The bottom line is the 60% you wind up with from a great attorney will usually be A LOT MORE than the 66% that you would get from an ambulance chaser.
You should ask the attorney to give full details of cases he has handled that are similar to your's, including the settlements. If he is an accomplished lawyer, he should have no problem with this.
You, your wife and your son are in my prayers.
God Bless
If your son has survived (forgive my presumption), you might consider looking into hyperbaric oxygen therapy (HBOT) to treat him.
Largely unknown or discouraged by neurologists, there are lots of links on the web like hbot.com and oceanhbo.com that may be investigated.
FWIW I am a hyperbaric technologist and routinely treat kids with TBI, CP and other brain injury.
All the best,
Jmy
First of all, thanks for your thoughtful reply. (sarcasm off). I'm not a doctor and that's why I'm seeking those with the required knowledge for answers.
I doubt you care but for the others that have responded, my son had a grade 4 Intraventricular hemmorage that resulted in massive brain damage and multiple severe disabilities.
My wife is no longer able to work (she was an equal breadwinner) and we have had 10's of thousands of dollars in medical bills in addition to the million plus the insurance companies have paid to date.
I don't know who screwed up. That is not the goal of the question. If you'd like to offer words of advice, thanks in advance. If you'd like to be a prick, piss off.
Thanks
Do you have any idea whose fault it is?
A contingency fee arrangement would mean the least up-front costs to you. CFAs mean the attorney fronts all court costs and doesn't get paid unless he/she recovers for you.
General rule of thumb (in my area) is that the lawyer gets 33% of any monies recovered from the defendant (via settlement before/without a jury verdict) or 40% of any monies recovered after a jury verdict.
I'm not a lawyer, just a doctor. Sorry for your misfortune, but how is it that a Gr IV IVH is someone's fault? How is it sharing your misfortune with others is going to make things better for you? Maybe you might reconsider.
Not be be mean, but how should we know? Best to get some REAL medical and legal advice. If a personal injury lawyer thinks that there is a big payoff in it for him/her, you can bet that they will take it up. If they refuse after they have examined the case, you can bet that there is little if any chance of recovering any damages.
The contingency agreement the med malpractice attorney puts in front of you will be several pages long and complex. At the end it will say something like "We cannot act as your counsel in negotiating with this firm. You acknowledge that you have used your own independant counsel in negotiating this agreement." This means, "although we hope you won't do it, we advise you to hire an attorney to review this in order to cover our asses when you complain about the terms later on."
So, read the contract word for word, and seriously consider hiring a contract attorney familiar with the going rates for contingency fees to review it and explain it to you. He may or may not be able to negotiate better term (often, he will be able to do so), but at least he will be able to tell you what it says and what the risks are. You'll probably spend $300 to $500 for this, but it's worth it. Don't worry, they won't be offended.
I'll give the parents the benefit of the doubt until shown otherwise.
Your attorney won't care who screwed up either - only whether of not they can pay his exorbitant fees. And anybody else who gets screwed in a malpractive lawsuit, well I guess that's just God's Will, huh?
I'll give the doctors the benefit of the doubt until shown otherwise.
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