Posted on 07/26/2005 6:38:49 PM PDT by mfreddy
Sad but so
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"?
Mfreddy, I'm so sorry for your family's suffering this tragedy.
TO answer your question, based on what I know, typically a lawyer will review a case like yours, as apparently is being done. The lawyers usually do these cases on a contingency with fees at 1/3 to 40% of the eventual settlement or award, barring appeals and all that.
Typically the client will be expected to pay reimbursable costs, the most expensive of which would be "expert witness" fees, in this case, other doctors, who would testify about standards of care, etc. If you are going with a big lawfirm, chances are pretty good that they can carry those costs until you either settle your case or receive an award at trial.
Your son is going to require lifetime care that is far beyond what costs of raising him would have been without this situation. If the lawyer finds there is sufficient reason to go forward with a suit, I would definitely do it. Good luck to all of you.
The statement of martin_fierro sounds about right. These percentages vary based on individual state ethics rules, but 1/3 is usually the rate. In all likelihood, the attorney will get all the medical records, hire an independent medical examiner to assess the merits of the case, and if there is a reasonable chance of success will sign on.
The unfortunate thing with a lot of med/mal cases is that if the malpractice is not absolutely clear, the attorney will not take the case due to the significant investment he may have to expend.
Legal issues aside, I wish the best for you and your family.
Martin,
Those fees are very light. Also the lawyers expenses include hours that may not be related, or don't seem to be and the photocopies alone may be thousands of dollars. Note, every new case is a learning curve that benefits the attorney. Basically you are paying for their extended education.
I am pinging Dog Gone for his help.
Sorry to hear about your son mfreddy.
Don't sweat this "blood money" BS. There are lawsuits that are not frivolous.
FReegards,
Eaker
I'm not going to do a personal editorial about the details of my son's injury. If you read my post, I asked about the details regarding the proper retention of an attorney. I've been a member since '01 and a lurker before and one of the reasons I've not been active (in addition to the obvious personal situation) is the chore of wading through the hateful rhetoric to get to the substance of the post.
It's obvious you don't have anything worthwhile to add so why don't you visit another thread?
There are extensive circumstances, both pre and post pardum that I've not and will not share. My question was regarding an attorney and I resent your total lack of contribution except to post inflammatory words.
You've contributed nothing so please respect our feelings and situation and exit. I feel sorry for you that your only contribution was to throw a dart at me.
Thank you. I was about to say the same. Sorry to hear about it. Good luck
So far you have no reason to think the worst, have a little compassion.
I have no advice to offer, but I am truly sorry about your son's situation and I will say a prayer for him and the rest of your family. Hopefully, a Freeper will be able to offer some valuable advice. Good luck to you and your son and please keep us updated.
On a side note, your cat is cute. Looks like a cat I used to have.
Sometimes lawyers happen and everybody knows whose fault it is.
Blood money??? You know absolutely nothing of what you speak. Do you have any freaking idea how much medical costs are going to cost this family in the future?????
Blood money? Do you even know how much it will cost to raise a child with severe disabilities? You are very cold, and have absolutely no compassion for somebody who truly needs help and advice.
I do not think the worst. I have an open mind to the situation. That's why I asked questions.
And I do have compassion, including for the doctors, nurses, hospitals, and insurance companies who may have to pay for something that may not have been anyone's fault.
It's really a shame how those people were deprived of the thrill of suing somebody for an accident while helping in a process that is as natural as anything can be and can be done without the assistance of a millionaire doctor in a multimillion dollar birthing unit.
Makes one wander also instead of what it would cost to sue, how much it would have cost for a package of condoms and not caused the pregnancy in the first place.
Why is this a medical malpractice? I'm reluctant to offer advice on protecting you from lawyers who you presume may charge you unreasonable fees in pursuit of possibly extorting damages from a doctor because of a possible act of God.
Basically you hear about a sad situation and for no reason at all take the other side and try to make things hard. I don't see what expressing doubt about the validity of the case helps anything
Well, I understand where you are coming from, I am simply saying that I will give a FRiend the benefit of the doubt.
You have FReep mail.
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