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toe
Pooh-Bah
Reged: 10/10/02
Posts: 1495
Loc: MidWest USA
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Thanks to the bungling ignorance and gross arrogance of a series of doctors during and following an emergency event a few months ago I have become, well, essentially, "lame." The foot I've been left with is one (or a generous two) notch above no foot. And where would toe be with no foot?
All kidding aside, as I've griped and moaned about this over the past few months, I've heard, "At least you're not an amputee." quite a few times, and there have been times I wished I was, because then at least I'd know the pain wasn't real.
Anyway, with all that Seinfieldesque BS out of the way, I'm wondering if I could get some advice on how to find a good medical malpractice lawyer. I see their ads on TV and they just look so sleazy. . . THere's always the yellow pages, but what can you tell from that? Does the fact that a law firm has enough money to buy TV air time mean they are more successful--and does that success transfer to their clients?
I know Americans as a whole have become a little trigger happy when it comes to lawsuits, but using the use of a limb isn't frivolous, is it? My parents have actually been pushing me to sue. . .my mother is a doctor and she is actually advising me to sue for malpractice.
Please slide me some advice on how to find a decent malpractice lawyer. Considering the injuries the settlement should come out to include a whole lot of zeroes and I don't want to hire some bozo and mess that up. I need the money.
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"It's the end of the World as We Know it. . ."
-REM "and I'm seeking asylum in Canada"-toe
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LostShopper
Enthusiast
Reged: 05/10/02
Posts: 210
Loc: Deep South
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I've heard that a firm called Binder & Binder are good, though not from personal experience. After my bungled surgery in which I very nearly bled to death, I did contact them just to put out a feeler as to what my options might be. They were very great in responding via email, following up with a phone call, then a letter by snail mail.
The gist of what they told me was, that although there was an obvious blunder by the surgeon, that she did go back and do the repair work, and since it ultimately left me without heinous disfigurement/disability, persuing it would be a waste of time. Of course, this in no way compares to your injuries. I wish you the best in finding someone to help you with this. I was impressed with the immediate personal attention that I felt I got from Binder & Binder, but don't know if they are local here or nationwide.
Best of luck to you.
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RJR
Stranger
Reged: 04/20/04
Posts: 5
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Hi Toe
I'm really sorry to hear about what happened. You definitely want a very good attorney for a medical malpractice case. I think a good place to start is your State's Bar Association. Most have a referral type service and will get some basic information about your situation and then suggest some names in your area. The Bar Association does not get anything from this. You should also ask for a Board Certified attorney. Certification requires an attorney to have practiced in a specific field for a certain number of years and to have trial experience, references, and to pass a specialized exam given by a Certification Committee. Generally speaking, just because a firm has money to spend on ads, it does not mean that they are great lawyers. You can also try Martindale Hubbell's website. They gather information on attorneys and their area of specialty and they also rate them. If you do obtain a consult with an attorney, make sure there is no initial charge and make sure you ask questions about experience, certification,etc. I would get several opinions as well. If you were in South Florida, I could help, but you really need someone licensed to practice in your state. I'd be happy to answer any questions if you'd like to send a PM.
Good Luck - R
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toe
Pooh-Bah
Reged: 10/10/02
Posts: 1495
Loc: MidWest USA
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Thanks for the replies. I'm surprised there aren't more people around with this distasteful experience. . .maybe some that haven't taken a peek in here.
Today before you guys get to this topic I had one of those "Duh!" moments, where you smack yourself in the face, and called my city's bar association. I got 2 referrals. The referral service asked specifically what I needed ("Malpractice" "What kind?" "Medical" Is there actually some other kind of malpractice?)
I called and talked to the first guy for a while. I did not like him. He did not seem to be taking my injury particularly seriously and wasn't interested in the fact that the malpractice in the hospital and the follow-up care provided is responsible additional problems requiring god only knows how much surgical intervention. . .
I was pretty ticked off at this guy. He implied that my case didn't involve shortening of life or loss of capacity to work. Something like that. Well, I can't put on a freaking shoe! I'm not going to be strolling by sniffing the daisies much.
I don't think I'm going to have him represent me.
I called the second number I got as well. . . It seems that the second attorney was out of the office this afternoon, but his voicemail sounded friendly.
I know that "the other side" is going to try to discredit me any way that they can, I'll expect that. But when I'm shopping around for a lawyer, I don't think think it's fair for him or her to treat me like a vacuum bag of dog stuff.
It seems to me like the lawyer I spoke with today made it pretty clear that he did not want to be My Lawyer.
Here's to hoping the next one won't suck. . .
Thanks for your support, guys!
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"It's the end of the World as We Know it. . ."
-REM "and I'm seeking asylum in Canada"-toe
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toe
Pooh-Bah
Reged: 10/10/02
Posts: 1495
Loc: MidWest USA
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Well, I think I've got one. He's been doing medical malpractice for 20 years and has only lost one case. We talked for quite awhile when he called me back this afternoon, and again just now he called me back before he left the office! He also said that he can come to me, which is a big bonus. Except for the fact that the apartment is a total wreck. . .
Only one thing bugs me. I thought with these types of lawsuits that the attorney generally gets 1/3 of the settlement. He takes 40%. Is that messed up?
Yeah, imagine. Being schwindled by a lawyer
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"It's the end of the World as We Know it. . ."
-REM "and I'm seeking asylum in Canada"-toe
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RJR
Stranger
Reged: 04/20/04
Posts: 5
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I am glad you found someone although I was hoping you would have more than two choices. If you are anywhere near a large City then there should be more than two med mal attorneys. As far as the fee goes, you should review the contract carefully. Some provide for a 1/3 fee if the case settles before suit, then a greater fee after suit is filed. Some firms charge more if the case goes to trial. 40% is actually common in lots of places if a lawsuit is filed and the case goes to trial. Don't be afraid to ask this attorney for references or about cases he has tried. Some things may be confidential but many may be public record.
FYI, there are other types of malpractice. Attorneys get sued for professional malpractice too. Lots of other professionals such as accountants, architects, etc. may be liable for doing work that is substandard. You don't hear as much about these cases in the news because medical mishaps are, unfortunately, more newsworthy.
Good Luck! R
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 925
Loc: usa
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I'm glad you found someone....this is such a difficult issue...do they think it's easy to decide to sue...perhaps given the nature of their business they talk to a lot of suit happy people...but I wish you well...I had some pretty scary experiences in the hospital this year...I was in three times, and at least twice they tried to kill me....but as much as I considered suing in the end, other than lost work, I've returned to my former state of health (no thanks to them) thanks to some other excellent doctors...and I've just wanted to get on with my life...I have to admit, one of the things I weighed heavily was how much my current narcotic usage would play into this & I just don't want to deal with it....it was an issue in the hosptial and I'm sure it would be made into a HUGE issue if I ever sued....I did file complaints within the hosptial system itself...and this will hopefully prevent some other poor slob from experiencing what I did...it was really shameful! SO, good luck to you...they can't give you back your foot, but they can compensate you appropriately and I hope you get that.
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toe
Pooh-Bah
Reged: 10/10/02
Posts: 1495
Loc: MidWest USA
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Thank you, IMSUSCOT1! I am prepared for the evetuality that I'm going to be put on trial here (ironically). I know they have laws about not abusing rape victims in court, I wonder if it will ever come to that with us. Then again, I have a good mind (still, though it was starved of oxygen for a few minutes before the emts arrived) and average American life expectancy shows that I still have nearly 2 more (of my current) whole lifetimes to live with this.
I'll give more details later, my eyes are glazing over. We are going outta town this weekendm so it might be a late update!
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"It's the end of the World as We Know it. . ."
-REM "and I'm seeking asylum in Canada"-toe
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1193
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toe,
http://www.freeadvice.com will help you find a lawyer for *anything* and there are lawyers on there who advertise and it has a finder-thing. So you might want to check that out. I don't know if your mom lives in the same state as you, but if she doesn't, maybe she has a colleague in another state who can recommend someone. If you've lost the use of a limb and are in severe pain, this isn't a BS lawsuit just for cash- this is real and the reason they carry insurance.
I've never had to do this myself fortunately, but we do have my sister used to work at a camp for retarded children and became friendly with the mother and father, who became relatively wealthy after the malpractice suit (neither one of them works, h-u-g-e house in the NYC suburbs, luxury cars, etc.) Anyway, their son was a perfectly healthy fetus but during delivery the OB/GYN totally messed up (don't remember the details, but I know he caused some kinda brain damage) and now the kid is permanently in a wheelchair and can barely form full sentences- he is so cute when he drinks a juicebox though, he tries to suck it in all at once and his cheeks look like E.T. hehe. I know their settlement was in the millions (in NJ, there are no caps- there was some controversy last year over changing this because medical malpractice insurance is through the roof).
But my point in bringing this up was to tell you that it's a very emotionally draning process. By all means go through with it, get vindicated, and get cash- but be prepared for what can be a stressful experience. Might want to have some extra benzos onhand for that one. So just a friendly warning to be prepared for that ahead of time and not drop the case cuz of that. I would definitely shop around and get some personal feedback- I'm sure someone you know has a friend of a friend, something like that- but also check out freeadvice.com's thing.
Good luck and I do hope you get what you're entitled to.
-yawkaw
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toe
Pooh-Bah
Reged: 10/10/02
Posts: 1495
Loc: MidWest USA
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THanks for the url, yawkaw, I will defintely check this out.
I know about the nasty rates of malpractice insurance of OB/GYNs--especially because every doctor WANTS very badly to take care of the mother through the entire pregnancy to ensure the baby is delivered as safely and healthy as possible. The parents are actually suing for cruel mistakes god has brought upon the child while still inside the womb or (much more rarely, I'm sure) some negligence on the behalf of the expecting mother. I would not wager a fraction of a percent on howmany obstretrical malpractice suits are actually brought against guilty doctors.
On the other hand, as what is supposed to be the happiest day of a mother's life turns into a whirlwind of eductional pamphlets and extra release forms and documentation to sign and she still cannot hold her baby, the one that has not left her, nor ceased to kicked, push, slump on her lap when she falls back into a chair, who she has carried to bed with her every night for the past 9 and a half months, I can see that she would not just freak out, but as the days go by, as she leaves the hospitl and her child is stuck there. . .as the weeks go by and she comes to hm for visiting hours, as months and years go by and they still return too frrquently to that hospital: he-for another stay at "Camp Puke," as he's affectionately come to call it, you- for visiting hours only. And this is how it will be for the rest of his life, provided he makes it to 18 or 22, provided he is developmentally capable of ever moving out of the house on his own.
I bear no ill will toawrds enormous settlments for obstetrical malpractice. I believe that the parents of the child. They should win multi-million dollar lawsuits, The child will need an enormous trust fund, the medical bills alone are surely staggering. The child will need, if not a 24-hour homecare specialist, certainly a trained professional to come and work (and play, because so many kids who are ill and isolated never learn how to play!) and a nurse. One of the parents will have to be at home. And I'd call that a 20-year plan, at the least. That is a multi, multi million dollar lawsuit.
As far me, I cannot feel thelast third (the ball of the foot and my toes) of my right foot,, likewise I cannot feel. . .well, it's it's easier to tell you what I CAN feel on the right. I CAN feela stretch of about four inches down the middle of the sole of my left foot. I think this is because my body performed a self-fasciotomy on me. Under ideail circumstances, when the pressure inside the different compartments surrounding the muscle goups that monstrous ( I mean, 3x) swelling and discoloration take place, the diagnosis is a no-brainer and the operation- open up a space in each compartment through which the axcess pressure can be released . I mean, my body did it its self!! How hard could it be? So I am fortunately that this one portain still remains Unlike the rest of my foot, I didn't lose all the muscle there, so I am capable (sprt of--not right now with a big honking bandage from surgery on me. The stinker is that my toes are paralyzed and my foot is deformed.
One way or another, there are definitely grounds for malpractice here. After 4 month the doctors are FINALLY getting honest (have they ever done that with you? Did you know they could? I'm saying that I actually heard one say, "This is going to hurt" instead of some blasted euphemism like "You may feel some pressure," or "There my be minor discomfort."
Naw, I'm just saying they've stopped lying to me about the possibility of my ever "recovering from this," and that (presuming due to to the serious damage I've done to the foot and the fact that that damage limit it's access to blood and the good stuff in blood I still, may, actually lose my foot.
I had dream when I was still in the hospital, or maybe right after I got out, that I was at the store buying smokes. I was digging in my pockets for the cash and all of the sudden my foot come off in my hand. I'm not sure why this would be, since I do not carry my foot in my pocket. It was completely bloodless and I set it onlthe counter.
The clerk freaked out and told me to go, go. I think. "But I haven't paid for my. . . Ahh, whatever.
Seriously, thanks for the link. It will be bookmarked imminently.
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"It's the end of the World as We Know it. . ."
-REM "and I'm seeking asylum in Canada"-toe
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