[Blue Jays]

Hi mfreddy-

Is your son still alive or did the injury kill him?

~ Blue Jays ~

[bd476]

Prayers for your dear son, your wife and you.

It sounds as if you are coming from a good place. Not only are you entitled to have a complete legal medical review of your son's current medical condition and his medical history, but you might also be doing a good service for future patients and their parents.

If negligent medical care caused your son's injuries, it will be discovered and similar errors can be prevented.

If your son's condition is discovered to be something which simply occurred on its own, a legal medical review will discover that, too. The review just might bring some relief and closure for you and the medical staff.

[PAR35]

It varies by geographic area and by strength of case. Most places it is in the 1/3 to 40% range. For a strong case with a high potential recovery, it may go as low as 25%. If they want more than 40%, ask why and shop around. Most will generally take expenses off the top before making the split - ask about that - it should be spelled out in the agreement. Also ask what is included. It should be less if the case settles or settles before a certain point.

[pterional]

I am sorry to hear that your child had a brain hemorrhage. Actually brain hemorrhages are quite common in premature neonates less than 32 weeks gestation. The hemorrhages are typically in an area called the germinal matrix which has very poorly supported vessel which are susceptible to clotting then bleeding. The combination of hypoxia/ and trauma during a vaginal birth can cause this area to be injured. About one third require csf shunting.

This is the unfortunate thing about medicine. The public demands a perfect result every time and assumes malpractice if anything has gone wrong.

Hopefully you will find the answers you need to ease your pain.

[Iwo Jima]

What state are you in? If you have had "tort reform," you are going to have to pay a lot more for your lawyer (give a larger % of the recovery).

Expect 45% CFA for a big name lawyer who has a good track record. Expenses for a case like this should be huge. I would estimate $150,000 minimum. That sort of makes a case worthless in a state with $250,000 cap.

The attorney is usually expected to pay the expenses and, no, you don't have to pay him back if the suit is not successful. But it will come off the top of any recovery which limits what you're not going to be able to settle the case for.

Let me know if you have any specific questions that I might be able to answer.

I am very sorry to hear what happened to your son and your family. I hope that you get answers, which unfortunately can only be gotten through a lawsuit.

Good luck.

[HiTech RedNeck]

The lawyer ultimately can't do squat without your continued permission. You can put the halt on it, or ask any questions you jolly well please any time during the process and if you don't get answers that make sense you can call a stop to any aspect of it that you please. I did this myself once, when a lawyer suggested in a car accident case that I make a claim for back injuries that I knew I already had and did not reappear till over a year after the accident. I said nix, I didn't see a connection myself, and that I was not going to sign my John Hancock to that -- but otherwise let the proceeding go forward. (There were other injuries and permanent damage that WERE tied to the accident.)

Just make sure to ask enough questions to understand what's going on, and if something that looks obviously wrong seems to be taking place, you can tell the lawyers to stop. It's your conscience and your right.