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Attorney advice needed
self | 7/26/05 | Mfreddy

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.


TOPICS: Miscellaneous; Your Opinion/Questions
KEYWORDS: fees; legaladvice; moneygrubbing; notnews; personalvanity
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To: Iwo Jima

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.


221 posted on 07/26/2005 11:19:11 PM PDT by salbam
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To: Kryptonite

Thank you Mr. K- -my entire point - research first then sue - not vice versa.


222 posted on 07/26/2005 11:20:07 PM PDT by salbam
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To: Kryptonite

by the way Mr. K - you did that research in 20 minutes.
Not as hard as everyone madeit sound.


223 posted on 07/26/2005 11:22:06 PM PDT by salbam
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To: salbam
No, I didn't say that. I said that in these cases there was not a likely recovery.

I cannot in good conscious advise a client to go forward with a suit when the prospects for recovery are so low. That is what is called a frivolous lawsuit, which I don't believe in filing. Apparently you do.

In the final analysis, the client decides if he wishes to file suit. Once you explain to a client that there is no realistic prospect for recovery once expenses are paid, no one in his right mind will chose to go forward. Even if you say we have a 50% chance of winning $250,000 which after paying $150,000 in expenses you will get 55% or even 60% of, who in their right mind would do that? Rational people don't file lawsuits for the hell of it.

Try to focus. Your arguments are all over the place.
224 posted on 07/26/2005 11:30:34 PM PDT by Iwo Jima
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To: Iwo Jima

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.


225 posted on 07/26/2005 11:33:58 PM PDT by salbam
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To: Iwo Jima

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.


226 posted on 07/26/2005 11:38:43 PM PDT by salbam
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To: salbam
What should a medical malpractice lawsuit be about if not recovery of money (and some other ancillary good results)?

Think now: are you honestly saying that attorneys should sue doctors when they don't think that they can prove negligence, or that even if negligence is proven, the plaintiff will only recover a small sum?

Go tell your wife that you are advocating that more lawsuits be filed against doctors. She'll love that.
227 posted on 07/26/2005 11:39:39 PM PDT by Iwo Jima
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To: Iwo Jima; mfreddy
Iwo Jima wrote: "...They probably continued their negligent ways and may have caused some other parents and child serious harm."

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.

228 posted on 07/26/2005 11:41:22 PM PDT by bd476
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To: Iwo Jima

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?


229 posted on 07/26/2005 11:47:24 PM PDT by salbam
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To: salbam
My post 212 was not directed to you and does not address the topics we have been discussing.

You are a prime example of why doctors make such lousy witnesses. Your hatred of lawyers has so twisted your thinking that you are actually arguing that they should file more lawsuits.

No, I don't sue doctors over sums like $50,000. That makes me greedy in your estimation.

Well, maybe if I get rich enough I will sue doctors over $50 just for the joy of it. Would that make you happy?

It wouldn't make me happy. Unless I knew that I would be suing you.
230 posted on 07/26/2005 11:48:05 PM PDT by Iwo Jima
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To: Iwo Jima

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.


231 posted on 07/26/2005 11:55:18 PM PDT by salbam
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To: salbam
....or are you trying to make him look like a heartless incompentent bastard?>br>

No, I don't. It's unnecessary and most often counterproductive.

One reason it's unnecessary is that the doctor quite often does that all by himself, as you have done on this thread.

And, no, I wouldn't be likely to bring a "piddling" $5,000 lawsuit. It's not worth my time. It's not worth my client's time. It's not worth the doctor's time. It's not worth the court's time. It's not worth the jurors' time.

It's not worth it for a lot of reasons to me. How odd that you think otherwise.
232 posted on 07/26/2005 11:56:57 PM PDT by Iwo Jima
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To: salbam

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.


233 posted on 07/26/2005 11:59:18 PM PDT by salbam
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To: salbam
salbam wrote: "...You know the funny thing is you could sue me all day long and I would still treat oyu (sic) 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..."

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.

234 posted on 07/27/2005 12:04:09 AM PDT by bd476
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To: bd476
You're welcome, and thank you for your kind words.

It was touch and go for a while but we eventually got our problems corrected with the help of a good surgeon, no thanks to anyone connected with the birth.

That's when I vowed that no one should ever go into the hospital without an attendant/advocate 24 hours a day, someone who knows something about medicine, doctors, and hospitals. I've served that role a couple of times for family & friends since then, and it has only confirmed my opinions.
235 posted on 07/27/2005 12:06:36 AM PDT by Iwo Jima
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To: Iwo Jima

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.


236 posted on 07/27/2005 12:10:32 AM PDT by salbam
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To: Aliska
I only asked those questions, which have been ignored, because it is usual to ask, immediately.

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.

237 posted on 07/27/2005 12:12:59 AM PDT by nopardons
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To: bd476

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...."


238 posted on 07/27/2005 12:14:12 AM PDT by salbam
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To: salbam
I thought that I heard the sound of violins, but it was only your post.

What sanctimonious drivel!

Most people "get up every morning sniffing for $$$." It's called working for a living. And it's quite respectable.
239 posted on 07/27/2005 12:15:28 AM PDT by Iwo Jima
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To: Iwo Jima

Good night sniffer - lol!!!!!!!!!!
If you ever work for a living let me know - lol!!!!!


240 posted on 07/27/2005 12:17:30 AM PDT by salbam
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