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.
Bless you for wise words, Iron Eagle.
I second that.
What disgusts me is how a person can come here looking for help, and then be questioned and doubted as if they are out to get somebody or something. A terrible thing happened, no matter who's fault. Cynicism has it's place, this is not it.
I put the phrase in quotes because I don't believe it's His will that any of us should suffer, but sometimes our suffering does seem to serve a greater cause, and sometimes there is no apparent fault for it.
I do believe the verses about God not giving us a heavier burden than we're able to bear. You certainly have recieved a large burden, which hopefully speaks to your faith and character, and I pray that the "burden" will also bring you unforeseen blessings. My prayers are with you and your child.
Without going into detail, a cursatory look through the initial medical records point towards a series of mistakes that at least contributed to a delay in the diagnosis and treatment.
I believe attorneys usually take such cases, if they accept them, on a contingency basis, but I have no idea what percentage a really good attorney would charge. If that's any help.
Check your lawyer out. Just because he is famous does not mean he is good. In fact, a less known attorney might actually be better because he may be hungry, and will work harder for you. Research the net to see if you can find anything out about him, and also ask around. You might also want to contact your State Bar Association and Better Business Bureau to see if there have been any complaints.
Usually an attorney will take 40 to 50% of the settlement, but keep in mind that YOU have to pay for all out of pocket costs. Usually an attorney will advance all costs, but if you lose, you will still owe him, so keep track of costs. If it settles out of court you will get 60% less the costs. IF he goes to trial it will be 50% for each of you but YOU still have to pay all the costs.
Another thing to consider is that IF you get a judgment, make sure that your insurance company or anyone who has contributed to the payment of all your medical bills can't be taken from your settlement. I've seen that happen before, so be sure to get enough to cover everything and to provide for your son's care for life. You should consult more than one attorney, and ask questions. Lot's of them.
Excellent.
Thank you.
I had an accident a few years ago that was clearly a manufacturing defect. However an attorney on contingency would have required that I "scatter-shoot" all parties that "could" be liable. This would have forced me to include a friend in the suit so I didn't pursue it. I had a legit case but couldn't handle the collateral damage to my buddy.
Thanks again for your wise words, especially coming from the other side of the aisle.
20-30% + fees if settled
33-40% + fees at trial
Your state bar will set max guidelines.
Most firms will not take a case they don't know they can't at least settle for cash. They should be able to advance all costs, but find out who is responsible for those advanced costs if no award is obtained.
Get everything in writing.
In the words of Vice President Cheney: GFY.
This is a very sad story. Very sad on multiple ends. However, the leap by the majority on this board that "Someone has to pay!" is very disturbing and disappointing as well for a supposedly conservative message board. This thread reads for the most part like I would expect a trial lawyer message board to read. My wife is an Ob/Gyn in a medical malpractice "crisis" state. 70% of the babies she delivers are medicaid in our town. She is paid $1200 by the state to deliver prenatal care for nine months and deliver the baby. Her malpractice insurance costs $80,000 a year (and rising) and there is a limit of one million dallors in coverage after which she is liable for the remaining dollars in any suit. This means she has to deliver nearly 70 medicaid babies a year JUST to cover her malpractice, forget about other overhead like rent, staff, equipment, supplies, computers, etc. The sad fact is that she is considering dropping Obstetrics (which she loves by the way) and just doing gynecology because she would have less liability exposure and less expenses. The fact is that in medicine, bad things happen sometimes despite the best efforts of all involved. Nobody, and I mean nobody in no specialty has 100% success. I know nothing - NOTHING - about the specifics of this case but I am saddened at the "Someone has to pay attitude" about a case no one but the original poster knows any details about. But think about it - would you want to go into a job where you could possibly lose everything because of a bad outcome that was not your fault? Apparently for american medical school graduates the answer is no - last year only 60% of OB/GYN training slots were filled by american medical school graduates - the remaing 40% were filled by foreign grads. And it is expected to get worse. In Miami Obstetrics malpractice insurance is over $250,000 a year. Chicago $150,000. New york City is similar as well. Good luck finding people to fill those jobs out of med school with $300,000 in student loans. One last note to think about - the state of North Carolina introduced a bill a few years ago to provide a state fund to care for all children born with Cerebral Palsy with he caveat the MD who delivered them could not be sued (studies show almost all CP cases have nothing to do with the delivery - in thirty years C-section rates have quadrupled and the CP rate is exactly the same). It would care for them for life. guess who led the charge to defeat this bill - those caring attorneys including John Edwards. Result - 2% of Cerebral palsy kids get big awards (shared with lawyers) - 98% of CP kids are left ot fend for themselves. So you got to ask oyurself - who do really think cares more a bout the kids - those I am on your side attorneys or the doctors?
BWAAAAAAAAAAAAAAAAAAAAAAAAHAHAHAHAHA! Buy a clue sometime.
A great title for a movie:
"I am Petronski and I married a Cyborg"
I'll leave all the writing to you and yer bride!
Congrats again to you two too!
I noted yer tagline. Mine is similar, but I have been married 20 years longer than y'all. Best wishes that you post back to me in 20 years that you are still as happy as we are now. (I'll be dead by then so copy TheMom)
"but I am saddened"
O.K. Tom Daschle.
Conservastive babe - you might want to learn the proper use of quotes (are you Maureen Dowd per chance?)
You're an idiot.
Oh, yeah, well done. It's not like he had a valid point to make or anything.
whatever.
Incidentally, I think Tom Daschle would be all for the run to an attorney mentality. Oh - and down with Islam your tagline? Better get ready for more muslim OB's beacuse they are already here with many more to come to our shores to take the jobs american MD's don't want. Go lawyers!
I'm done.
You need to find out what caused the injury before you start suing. Don't put the cart before the horse.
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