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Attorney advice needed
self | 7/26/05 | Mfreddy

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.


TOPICS: Miscellaneous; Your Opinion/Questions
KEYWORDS: fees; legaladvice; moneygrubbing; notnews; personalvanity
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To: Petronski
Doctors' lawyers are no more interested in facts than plaintiffs' attorneys. Their incentives are identical.

Then how does involving them help mfreddy and his quest to know what happened to his child?

161 posted on 07/26/2005 9:58:09 PM PDT by paul51 (11 September 2001 - Never forget)
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To: paul51

How else would he find out?


162 posted on 07/26/2005 9:59:11 PM PDT by Petronski (I love Cyborg!)
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To: Petronski

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.


163 posted on 07/26/2005 10:00:18 PM PDT by salbam
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To: Petronski
Involve people that are neutral (and honest) and exclude those who are not.
164 posted on 07/26/2005 10:00:41 PM PDT by paul51 (11 September 2001 - Never forget)
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To: salbam
This ws my post;

could read it eaither way my friend.

Looks like you took my "a".

165 posted on 07/26/2005 10:00:52 PM PDT by FreeReign
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To: salbam
salbam wrote: "That is why I suggested INDEPENDENT medical reviewers evaluate the case. No horse in the race. Any lawyer on either side is not interested in facts. I assume you agree."

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.

166 posted on 07/26/2005 10:01:16 PM PDT by bd476
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To: Petronski

not identical. one group has thousands of dollars in fees. one potentially millions. neither one's angels.


167 posted on 07/26/2005 10:03:11 PM PDT by salbam
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To: salbam

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.


168 posted on 07/26/2005 10:03:50 PM PDT by Kryptonite
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To: salbam
Who said the independent medical expert had an incentive to avoid anything?

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?

169 posted on 07/26/2005 10:04:02 PM PDT by Petronski (I love Cyborg!)
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To: bd476

happens every day. it is called a second opinion.


170 posted on 07/26/2005 10:04:04 PM PDT by salbam
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To: salbam
one group has thousands of dollars in fees.

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.

171 posted on 07/26/2005 10:06:11 PM PDT by Petronski (I love Cyborg!)
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To: Petronski

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.


172 posted on 07/26/2005 10:06:15 PM PDT by nkycincinnatikid
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To: salbam

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?


173 posted on 07/26/2005 10:06:53 PM PDT by Judith Anne (Thank you St. Jude for favors granted.)
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To: bd476
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.

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.

174 posted on 07/26/2005 10:07:38 PM PDT by FreeReign
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To: nkycincinnatikid

Great post. It illustrates well why mfreddy needs to be consulting with a lawyer.


175 posted on 07/26/2005 10:07:52 PM PDT by Petronski (I love Cyborg!)
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To: Petronski

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.


176 posted on 07/26/2005 10:08:06 PM PDT by salbam
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To: FreeReign

Go out of town to get it - no buddies of the MD


177 posted on 07/26/2005 10:08:55 PM PDT by salbam
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To: Judith Anne
In an earlier post, he said "...me or any other MD...," indicating to me that he is an MD.
178 posted on 07/26/2005 10:09:08 PM PDT by Petronski (I love Cyborg!)
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To: salbam; mfreddy
...could read it eaither way my friend

But salbam, if it can be read either way, then why did you judge mfreddy's intensions.

179 posted on 07/26/2005 10:09:56 PM PDT by FreeReign
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To: Judith Anne

yes, an MD.
Wife is an MD - OB/GYN.
Seen to many good OB's drummed out of the profession by frivolous suits.


180 posted on 07/26/2005 10:10:32 PM PDT by salbam
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