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.
Me too.
If that happened to your child, you would not think about a law suit? It's not blood money if it was a genuine case of malpractice. Even if it's a BS case, blood money isn't appropriate. Fraud,ill begotten gain money is a much better use of words.
Interesting how you tied two completely unrelated things together. What on earth does my tagline have to do with anything on this thread?
I don't feel warm and fuzzy toward lawyers either. I just find it disgusting that people pounce on a fellow FReeper who is clearly in some amount of distress, and turn it into a forum for lawyer bashing. That was never the oringinal posters point.
Is your son still alive or did the injury kill him?
~ Blue Jays ~
Iron Eagle,
If you walk through a field, you're bound to step on a turd. I just walked through the field. I stepped on several.
Thanks for your words of advice. My goal tonite was to develop the context in which to approach this subject. We may find that our situation was not the result of anything other than God's will. If that is the case, we will be satisfied with the answer and live our lives with our son to the fullest. To be a parent is among the greatest gifts the creator has bestowed upon us. We value every day with our son but live with an intense reality that has changed our lives forever. Everything happens for a reason and I do have questions after I leave this earth.
Everything is revealed in time. We are trying to answer the questions we can.
You're welcome.
You have Freep mail!
Pounce on a freeper? No pouncing on my part my conservative friend. Believe there are no winners in this case except perhaps the lawyers. As to totally unrelated - I suggest you look up the names of residents in OB programs around the country - plenty of Muslims to deliver your conservative babes, conservativebabe. My point is obvious - feed the lawyers and bring on the foreign MD's in high risk specialties no american MD will do. 40 % of new OB's are foreign grads - that is a fact that should terrify you and you should want to know why american MD's dont want OB careers. It is outsourcing right here in our own country!
TRUCE!
I know that what you just said is true. It is scary. My OB/GYN was Thai, and a wonderful person. But as for Muslims, where I matriculate from is loaded with Muslim docs, so I really do understand your point. All I'm saying, can't we just cut this poor man some slack. He is, after all, a friend.
Mfreddy - you have a tradgedy on your hands no doubt, and we all wish you and your son nothing but the best.
Why, though, before investigating and knowing about any possible fault are you discussing lawyers fees and percentages? It sounds crass. And unfortunately Mfredyy, a lawyer is not going to look at this to determine fault, but to determine who he can convince a jury was at fault.
Truce accepted. Nobody I beleive wishes Mfredyy ill. But isn't it a bit odd that instead of posting for someone to direct him to a knowledgeable source of OB complications so he can find out what happened ot his child he is posting about how to split the money with the attorney. It seems to be a sue first, ask questions later mentalitiy.
My son is alive and doing as well as possible. He is a great joy in our lives and has, among other things, confirmed the great strength of our marriage, faith, and family.
To all,
It is our intent to determine what happened first, not to sue. It's been almost 18 months since my son was born, so this is not a rush to court. We don't have the financial resources to retain the necessary answers by merely consulting experts. We have already assumed many costs not covered by our insurance and will certainly max out the lifetime caps. We have gone from two incomes to one, fall above the poverty line, and have no aid available to us. We are both small business owners and pay our own insurance. We face real issues down the road.
Would anyone in our situation merely accept what has happened without any further thought, or would you also feel the responsibility to your family, child, and self to at least dig into it a bit?
God speed mfreddy. I am so sorry that you had to endure this tonight. I am sure it is not what you had hoped for.
We should be more thoughtful to your circumstances and not let our personal agendas interfere with your fact-finding.
I wish you all the best.
I understand your financial difficulties, but that does not make it anymore or less the medical professionals fault. Talk to all the medical people you want to . Get answers. Find out the truth as you can best determine. But a lawyer is not - repeat IS NOT - interested in the truth. Only what he can make 12 non medical professionals believe. If you sue, he will bring your son in front of the court to elicit an emotional response from the jury. John Edwards (Mr. Cerebral Palsy) was an expert at this. You will probably win a big verdict. And you may ruin the life of a doctor who was doing his best and was not at fault. He may lose his insurance, his life savings, his livelihood, and his ability to provide for his children. If you want answers, call and consult non involved medical parties. If you want money, call and consult with attorneys.
You assumed it was blood money. Admit your mistake.
Because after all, the doctor and hospital won't have any attorneys limiting or affecting what the doctor or hospital says or doesn't say.
Good grief.
Take that thought to the administrator of the hospital. It's reasonable and honorable and hopefully they will accept it as that. Tell them you wish to have a thorough medical examination of the circumstances surrounding what happened to your child and you expect them to pay for it as they should have a similar interest and no doubt they will appreciate what your alternative approach will have to be. Their should be an agreement that the medical people doing the work should meet with your approval. The same type of research suggested here re attorneys can be employed to find them. Once you know what happened, your course will be clear. Good luck and God bless you and your family.
Thanks for your kind wishes.
It is very difficult for someone of limited means to consult with the necessary medical experts ON THE RECORD. We have been advised off the record to dig into this further by an involved medical professional. The attorney we've contacted is conducting this research and consulting with professionals as we speak. I don't know of any other way to do it.
I understand the tone of your post and before I was put in this situation I would have read this thread with interest just to read the replies. I've also been opposed to the John Edwards of the world and fully realize the situation they have put the medical industry as a whole into. That being said, we have this avenue of recourse for people who have suffered due to negligence, etc. It's a shame we are in this state--it diminishes the honest intent of people in extreme circumstances.
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