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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: balrog666

Sad but so


21 posted on 07/26/2005 6:59:19 PM PDT by paul51 (11 September 2001 - Never forget)
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To: mfreddy

Sometmes things happen and it isn't anybodies fault. God Bless you and your family.


22 posted on 07/26/2005 7:00:25 PM PDT by joem15
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To: mfreddy
I don't know who screwed up.

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"?

23 posted on 07/26/2005 7:01:50 PM PDT by Amelia (Common sense isn't particularly common.)
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To: mfreddy

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.


24 posted on 07/26/2005 7:03:43 PM PDT by EDINVA
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To: mfreddy

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.


25 posted on 07/26/2005 7:07:03 PM PDT by SteveBosell
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To: martin_fierro; mfreddy; Dog Gone

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


26 posted on 07/26/2005 7:07:37 PM PDT by Eaker (My Wife Rocks!)
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To: balrog666

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.


27 posted on 07/26/2005 7:08:29 PM PDT by mfreddy
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To: mfreddy

Thank you. I was about to say the same. Sorry to hear about it. Good luck


28 posted on 07/26/2005 7:11:14 PM PDT by Asphalt (Join my NFL ping list! FReepmail me| Since 10/10/04)
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To: balrog666

So far you have no reason to think the worst, have a little compassion.


29 posted on 07/26/2005 7:11:22 PM PDT by conservativebabe (Down with Islam)
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To: mfreddy

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.


30 posted on 07/26/2005 7:12:32 PM PDT by PilloryHillary (Many liberals are not weak Americans. But nearly all weak Americans are liberals.)
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To: balrog666

On a side note, your cat is cute. Looks like a cat I used to have.


31 posted on 07/26/2005 7:13:06 PM PDT by conservativebabe (Down with Islam)
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To: joem15
Sometimes things happen and it isn't anybodies fault.

Sometimes lawyers happen and everybody knows whose fault it is.

32 posted on 07/26/2005 7:13:16 PM PDT by balrog666 (A myth by any other name is still inane.)
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To: balrog666

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?????


33 posted on 07/26/2005 7:13:54 PM PDT by chris1 ("Make the other guy die for his country" - George S. Patton, Jr.)
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To: balrog666
Why? Be explicit about who screwed up, and when, why they are to blame, and how some blood money will make it all better.

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.

34 posted on 07/26/2005 7:17:29 PM PDT by PilloryHillary (Many liberals are not weak Americans. But nearly all weak Americans are liberals.)
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To: conservativebabe
So far you have no reason to think the worst, have a little compassion.

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.

35 posted on 07/26/2005 7:17:31 PM PDT by balrog666 (A myth by any other name is still inane.)
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To: mfreddy
I'm wandering who was being sued when women were giving birth to their children while working the fields by just squatting, dropping the kid and return to work. Surely injuries were incurred.

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.

36 posted on 07/26/2005 7:17:42 PM PDT by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: mfreddy
a son who suffered a massive brain injury 12 hours after birth.

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.

37 posted on 07/26/2005 7:18:56 PM PDT by LoneRangerMassachusetts (Some say what's good for others, the others make the goods; it's the meddlers against the peddlers)
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To: balrog666

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


38 posted on 07/26/2005 7:19:06 PM PDT by Asphalt (Join my NFL ping list! FReepmail me| Since 10/10/04)
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To: balrog666

Well, I understand where you are coming from, I am simply saying that I will give a FRiend the benefit of the doubt.


39 posted on 07/26/2005 7:19:10 PM PDT by conservativebabe (Down with Islam)
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To: mfreddy

You have FReep mail.


40 posted on 07/26/2005 7:19:24 PM PDT by conservativebabe (Down with Islam)
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