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.
Then how does involving them help mfreddy and his quest to know what happened to his child?
How else would he find out?
Huh? you may need some rest. Who said the independent medical expert had an incentive to avoid anything? you made that one up. I've worked at a university hosp, btw, and never had any contact with a hosp admin or lawyer to muzzle me or any other MD (I dont tell you about real estate law). And number 3, I have told Mfreddy not to run to a lawyer without any proof of negligence, not to avoid lawyers altogether. If he has proof, go for it. but if it is a fishing expedition, he has stopped researching at that point and become an advocate of a position - negligence. And you know thats true.
could read it eaither way my friend.
Looks like you took my "a".
No sane medical doctor would consider professionally reviewing another medical doctor's case without first consulting his own private attorney.
Without personal legal representation, a medical doctor reviewing another doctor's case and then making a professional judgment and public statement based upon that review, could easily become a defendant in a libel case.
not identical. one group has thousands of dollars in fees. one potentially millions. neither one's angels.
Lemme guess. You don't tell Petronski about real estate law because you're not a lawyer of any kind. You shouldn't be giving freddy advice about how to deal with his attorney either.
You said: "Number one cause of malpractice suits in the US? like to know? It is one doctor disparaging the work of another. Look it up." Tell me what you mean by that.
I've worked at a university hosp, btw, and never had any contact with a hosp admin or lawyer to muzzle me or any other MD
But as you've said, you've never been sued.
I have told Mfreddy not to run to a lawyer without any proof of negligence, not to avoid lawyers altogether. If he has proof, go for it.
Where/how would he get that proof?
happens every day. it is called a second opinion.
That group will get demoted or fired if their client is liable for millions. The incentive is identical, as are the ethics: present the facts to the finder of fact in the light most favorable to the client, or find another career.
This mans situation is tragic in the extreme. I can only suggest based upon my own recent experience with complications to a supposedly simple hernia surgery, that he will probably not find the causes of his childs situation without an attorney working in his interests for (shudder) financial gain. I spent months being misinforned, and lied to, by the surgeon, and the hospital. My efforts to gain help sorting it out through the states medical inspector generals office were pointless as they were worse than incompetent. The last word I got had the surgeon blaming it on my dentist,(seriesly). Hey I lived, I had lost a year and a half but I finally had to decide to let it go. This seemingly honorable man simply does not have that luxury. I wish him well.
He stated that he had some indications from people involved in his son's care that malpractice may have been a consideration.
That may not meet your criterion for "proof," but it would definitely indicate to me that I needed to consult an attorney.
Are you a doctor? A specialist?
Without personal legal representation, a medical doctor reviewing another doctor's case and then making a professional judgment and public statement based upon that review, could easily become a defendant in a libel case.
One of my newborn kids caught something pretty serious before they came home from the hospital. Getting a medical opinion from any doctor on how it happened was -- impossible.
BTW, my kid got better.
Great post. It illustrates well why mfreddy needs to be consulting with a lawyer.
A doctor telling a patient their first doctor screwed up is the most common reason for a suit. Pretty self explanatory.
Never been muzzled giving a second opinion.
Getting proof from a malpractice attorney is turning things upside down. you start with the conclusion that negligence has occurred and work back to prove it the best you can. They are not interested in the truth. And you know that.
Go out of town to get it - no buddies of the MD
But salbam, if it can be read either way, then why did you judge mfreddy's intensions.
yes, an MD.
Wife is an MD - OB/GYN.
Seen to many good OB's drummed out of the profession by frivolous suits.
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