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.
You know IJ, you in your own words did not say it was hopeless, you just said you just said you could not make much money (250 k verdict max for 150k invested). We take on many times more than 150k a year in write offs for uninsured and underinsured and don't call those cases "worthless" or and give them any less diligence. And our bonus is that you are their salivating if anything goes wrong (bad outcome = call lawyer). You are not going to roll the dice with your $$ unless you think you will win. We take care of people for nothing every day and put on our money and livelihoods on the line doing it - you know why ? - because we give a damn. I have treated a number of malpractice atty's and their families in my practice because their people - I think you guys forget that about doctors - we are just a means to a financial end for you.
Thank you Mr. K- -my entire point - research first then sue - not vice versa.
by the way Mr. K - you did that research in 20 minutes.
Not as hard as everyone madeit sound.
Your whole post was about money, money, money. That is how lawyers think, not doctors (thank god). If money were the sole object, doctors would not do much of the work we do. Read your last post again. $, $, $. Did I miss something? While you may find my arguments all over the place, you are admirably consistent. $, $, $. Thats it.
BTW, for a lawyer you are a little sloppy. Read your post 212 again. You never used the words "not a likely recovery". You said "limited recovery" - again - not enough $$ to interest you. You judge your cases not on the likelihood of winning, but on the likelihood of winning enough $ to make it worthwhile. That is your thought process - you are a lawyer- defend it, don't deny it.
Iwo Jima, it's very sad to hear that you and your wife experienced difficulties in the delivery of your first born child and then later in your attempts to get information and in your attempt to prevent future mishaps in the hospital.
Thank you for bringing your experience and wisdom to this thread.
Lol. Unforuntately, to quote you directly "answers, which can only be gotten through a lawsuit" - it is you who is advocating that bad results mandate a lawsuit to get "answers". Lets jam the courts with lawsuits and watch the doctors scurry to the interstate to more friendly states (i.e. Indiana). You want the big $$$$. just be man enough to admit it. You don't want piddling $5000 verdicts - not worth your time. Bring on the big bucks sympathy cases - that is what you crave. I have enough relatives who are lawyers who tell me malpractice from horror stories of ethics gone wild. If you are proud of the John Edwards "Channelers" of the world, defend your profession. Can you honestly say that in court you are trying to present the MD fairly or are you trying to make him look like a heartless incompentent bastard?
Sigh - are you a good lawyer? Not a good debater. did not suggest more suits- merely stated you guage your interest in suits based on whats in it for you. $ $ $.
Sorry, but you can't deny it. You know the funny thing is you could sue me all day long and I would still treat oyu when you show up in the ER and treat you the same as if you were family, even if you could not pay. That's what a professional does. But if you want to sue me for vindictiveness, hey, thats you.
BTW, I treated an attorney one nightwho sued my wifes partner. He could not believe I was doing it. He shook my hand afterwards and said how much he appreciated it. Other MD's in town shun him. He is a little too high profile to fly under the radar (TV, full page back of the phone book). But I am sure if given the chance he'd sue me out of practice in a heartbeat.
That's also what your hospital tells you to do, if you are an ER doc. If you are an ER physician, then you are disconnected from the admitting and billing office until you get word that the patient you treated can't pay.
Then your "treatment" continues when the patient is referred to your medical group's collection agency, or your personal attorney.
Well, I must turn in - work tomorrow.
Good luck chasing down your ambulances.
Hopefully tort reformed into obsolescense in the near future - out state is getting close.
I guess we doctors are a bit odd getting up in the middlw of the night to care of those who cant afford a piddling $5, let alone $5000. But thank god for them. They not only care for those in need but they provide you a living.
And god forbid you need their services, they will be their for you. And when they return you to health, you will be right back on the streets trying to destroy them the next day. It is kind of odd, but you know what? I kind of like it - I could not get up every morning sniffing for $$. In our profession we refer to you as bottom feeders with good reason. I feel you make a deal with the devil to do what you do to people you know are innocent - no qualms destroying them for a buck. I hope you see the light one day but I kind of doubt it. Best wishes.
I didn't ask for the results/answers he was given; only if he has asked, back then. And yes, it would also be normal to call in other doctors or a specialist. And most hospitals have patient advocates, who are supposed to help the person and/or the patient's family.
good try BD - not an ER doc. Required by hosp to take 5 days of call a month, but take call every day because of lack of accessibility of my specialty care in our area. Dont use a collection agency - very low rate of return and patients turned over threaten lawsuits even though they have paid nothing for their care. Not worth it. "And I think to myself, what a wonderful world...."
Good night sniffer - lol!!!!!!!!!!
If you ever work for a living let me know - lol!!!!!
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