First of all, thanks for your thoughtful reply. (sarcasm off). I'm not a doctor and that's why I'm seeking those with the required knowledge for answers.
I doubt you care but for the others that have responded, my son had a grade 4 Intraventricular hemmorage that resulted in massive brain damage and multiple severe disabilities.
My wife is no longer able to work (she was an equal breadwinner) and we have had 10's of thousands of dollars in medical bills in addition to the million plus the insurance companies have paid to date.
I don't know who screwed up. That is not the goal of the question. If you'd like to offer words of advice, thanks in advance. If you'd like to be a prick, piss off.
I'm not a lawyer, just a doctor. Sorry for your misfortune, but how is it that a Gr IV IVH is someone's fault? How is it sharing your misfortune with others is going to make things better for you? Maybe you might reconsider.
Not be be mean, but how should we know? Best to get some REAL medical and legal advice. If a personal injury lawyer thinks that there is a big payoff in it for him/her, you can bet that they will take it up. If they refuse after they have examined the case, you can bet that there is little if any chance of recovering any damages.
Your attorney won't care who screwed up either - only whether of not they can pay his exorbitant fees. And anybody else who gets screwed in a malpractive lawsuit, well I guess that's just God's Will, huh?
Sometmes things happen and it isn't anybodies fault. God Bless you and your family.
It sounds like a very sad & very stressful situation, but is there something that makes you think that someone did "screw up" as opposed to this being some cosmic accident or "God's will"?
Well, there certainly appear to be a lot of folks here who've already adjudicated your poor son's case--they have amazing medical/malpractice credentials.
I recommend you simply ask the lawyer what his fees will be. Some states (California for instance) regulate the percentage a lawyer can recieve by way of fees in med/mal cases. California also limits the amount of general damages (ie. pain and suffering) recoverable.
The crux of the matter is that you or your lawyer will have to obtain a medical expert to give an opinion as to whether or not the care and treatment your son received fell below the standard of medical care in your community, and, if so, did that failure cause your son injury? Both very tough questions.
Prayers for you, your wife and your son.
RD