Why shouldn't I be taken care of me for the rest of my life? He basically ruined my life, so I think it's only fair that I be compensated for what I have lost in terms of lost wages anyway.
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Hypoxic Ischemic Encephalopathy
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Why shouldn't I be taken care of me for the rest of my life? He basically ruined my life, so I think it's only fair that I be compensated for what I have lost in terms of lost wages anyway.
I don't know where you are going with this, but I did sign a contingency fee agreement so I know exactly how much of any monies will go to the lawyer. Why does it matter that Rhode Island has no limit on attorney fees?Exactly.....
You Are Guilty
Senior Member
Some (most?) states place a cap on how much a lawyer can collect in a med mal case, primarily because the lawyers would sometimes end up with more money than their clients. Re-read your contingency agreement. See that part about how expert fees, disbursements, etc. are deducted before you're paid? That's the expensive part. Hiring just one board-certified MD or DO to review your records, write a report and testify at trial can easily run upwards of $15k alone. Then there are whatever other doctors are needed, expert economist, a voc rehab expert, trial exhibits, transcripts, messenger fees, FedEx, copying... you can see how it all adds up quickly.
You also didnt specify whether or not you could have OTHER employment than ATC. Just because you can no longer be employed in that particular profession doesnt necessarily mean you cannot be employed somewhere else. THAT is whats going to make a difference to your idea of "being compensated for life".
lealea1005
Senior Member
LOL...I guess I should have said to bold your comments when you are posting within someone else's quote. You don't have to bold every post you make. Sorry, should have explained a little better.
HAHA, you got to that one before I did. Even if there arent any extracurricular fees involved, just the percentage taken by the attorney alone is enough. Say OP wins that cool 2 million he's stating he's out. The 30% taken by his attorney (which is below what ive come to know is the standard fee percentage) that only leaves OP with $600,000. Wonder if that will "compensate him for life"?
Why are you here?
What the point of the discussion regarding the fees and recovery in this case is I am having a hard time accepting...since it seems to be aimed as simply being rude, judgmental or vindictive for a bit of gloating OP admits. It is also what I spoke of earlier regarding the unfortunate tendency of some in public forums like this to act like experts...or just plain (departing from my usual courteous behavior claim) ass-holes.
The fee agreement is his own business and i hope the OP ignores you. For your information and education the following were the specific life affecting results of the patient being given a lethal dose of narcotic after surgery:
My deficits are basically getting me fired from my job as an Air Traffic Contoller, I have to go out on disability because I can't see lines on the radar scope the same way I used to, I have problems initiating things ( my wife is making me write this) I have debilitating fatigue, I feel like I have to take a nap every early afternoon, I have a flat affect,and I have had a couple of seizures, which I am on 150 mg of Lamictal for. I also take wellbutrin to help with my mood and Provigil to help me try to stay awake during the day. All of these medications disqualify me from being an air traffic contoller. In fact the regional flight surgeon told me last week he was going to permanantly medically disqualify me because of the notes I've gotten from my doctors and neuropsychologists and the drugs I will be taking indefinitely. I will be losing $2 million worth of pay because i won't be able to work til I'm 65
Certainly this is a short list since all of these things affect EVERYTHING you can do in life. Would you be happy going through life with a daily struggle to do some of the simplest things..even driving? Do you think he would trade his old life for his current for ANY amount of money? OH yes, he is out to get rich...to take advantage of the system....to sue anybody who he can steal a buck from...how ignorant and nasty do you generally become, just for fun, with strangers on the internet?
As for the potential damages awarded they are in the multimillions, far in excess of his 2 million in lost wages alone....and he will get every penny of the accepted future care costs despite your baseless statement. He was treated horribly by the medical system through a horrible and major error.. He deserves every penny he gets and it still can't make up for the affect on him and his family.
As far as 'other' employment, his attorney will have him evaluated by an occupation physician/therapist and he will be classified permanently disable from any employment based on what he has described.
Attorney no limit fee issues have nothing to do with his already signed agreement. The agreement will state whether the % of atty fees is before or after costs of representation (experts, office costs, etc.). This is all very typical. What is also typical is this case among others which are awarded very large monetary damages. If you HAVE to be the victim of malpractice which can be well compensated for and almost sure to be successful...this would be one to choose.
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HAHA, you got to that one before I did. Even if there arent any extracurricular fees involved, just the percentage taken by the attorney alone is enough. Say OP wins that cool 2 million he's stating he's out. The 30% taken by his attorney (which is below what ive come to know is the standard fee percentage) that only leaves OP with $600,000. Wonder if that will "compensate him for life"?
Well I don't know where YOU went to school, but by my calculations 30% of $2 mil is $600000. If you subtract $600000 from $2000000 that equals $1.4 million. So I think the lawyer will get $600000 and I would get $1.4 million, but I could be wrong. Not enough to take care of me for the rest of my life, but not a bad start
First, NONE of us have ANY proof that the medical system failed this individual. NONE of us has had the chance to review his medical records and NONE of us has that all magic crystal ball which will determine whether or not he will win his case. What we DO know is that this is going to be VERY expensive for OP and will take a VERY long time to reach its conclusion and I feel that its rediculous to allow OP to get hopes up that may in the end do nothing but cost him time and money. Does he have a case? Maybe...but he also MAY NOT. Again, we have NO idea what ACTUALLY occured during the time period OP was in critical and NO idea why such doses were administered to him without prior knowledge of his history. For ALL WE KNOW he may have had previous conditions which prompted his physician to allow such doses be administered.
You cannot make such bolded statements as to predict the outcome of this case. But OP needs to be aware of what he's getting himself into.
Sorry to see that no matter what the aspect of your case on here you apparently have to be kicked and scorned. I quit trying to figure out what motivates some people long ago..seems futile. at least we know mathematicians are uninvolved.
the additional damages for the effect on your relation with your wife, the outrageous and clear negligence, etc. likely would equal or exceed the lost wages. This is one i would expect to have an offer to settle out of court.
Yes I can be employed. Right now I'm loading trucks for a grocery delivery service from a local supermarket at the blazing rate of $8.30 per hour.
That's about the extent of my abilities. I can't concentrate for too long or I get severe headaches. For example I was a shopper for the grocery delivery service and because of the system they use with a little computer on the wrist and finding items after about hour and a half, I would get such headaches that I almost couldn't see. You know the kind where you can't even move without your head hurting?
In fact any company that finds out I have a brain injury usually refuses to hire me. I would hate to think it was because of my injury, but I suspect it might.
Squish
We sherlock of course if everything he has told us is bull**** then all bets are off. Of course we do not have proof...he does. you can read (I think) the posts from the beginning, and if you understand the most basic medical issues, you will note that there existed no reason for the prescription of this dose of narcotic. The reasons you would prescribe it are exactly one; he takes massive narcotics daily for pain management of a chronic condition he has had for a very long time. otherwise it is malpractice and should have killed him. you are clearly not a person with a medical background..that's ok...but then you should ask hOW do we know/ not say 'we don't know'.
We do not need to know ANYTHING past that. who found him when and did what makes no difference except for the atty deciding who to name as defendants in addition to the physician. The cause is the massive drug overdose....no matter what occurred after. this is the way the law works.
As you are apparently unaware, medical malpractice cases are taken on contingency basis and cost the plaintiff (the injured party who is suing) NOTHING. If he loses he pays NOTHING, he pays NOTHING upfront, he collects if he wins So...no...what 'we' know is not that this is going to be 'very expensive'....it costs NOTHING...don't speak about what you know..it never seems to be correct.
I CAN speak very confidently that if the facts are as presented he has already won...home much is the issue. And yes many cases do take a few years to resolve..so what....?
We take the facts we are given, ask questions, provide insight and opinion and refer to attorneys. Apparently you think we cannot/should not do this. oK then we can close the board since that's why its here.
I am well aware of what I'm getting myself into. Thanks for your concern. Or should I say abuse and ridicule
Squish
You Are Guilty
Senior Member
Although you failed to mention which people you're referring to here, inasmuch as its in response to the point that I was attempting to explain, I'm curious as to how warning someone unfamiliar with what a med mal trial costs is "scorning" them?
Incidentally OP, all the potential numbers people have thrown out here are just that - numbers. They may or may not be represent a reasonable amount of damages in your case, so don't take them to heart. (Plus, in all likelihood, you're going to be limited by the insurance coverage of the people/facility involved. Which is yet another reason why plaintiffs' lawyers name everyone in the medical chart - more insurance coverage = more $$$ for a settlement).
I think Lawmed is being overly optimistic about the merits of a case which he has NOT reviewed the records on. I think it's not fair to OP to make such statements that could give false hope.
Obviously your case has merit or an attorney would not have accepted it on contingency. And it does seem that damages would merit a high award. What the other posters are trying to do is give you a reality check. Is your contingency fee 30%, or the more common 40%? Does it go up to 50% if it goes to trial? That's not uncommon either. And does the attorney get his percentage BEFORE or AFTER the expenses are deducted? That alone can make a huge difference in what the plaintiff actually gets to take home. So if it goes to trial, and atty gets half off the top, and THEN the many thousands in expert witness fees and other expenses are deducted, then your lawyer definitely gets more then you. This is not rudeness or negativity. This is reality. These are things that you should have paid attention to before signing your contingency agreement, but should at least be aware of now. No one is saying these things to hurt you, no one here bears you any PERSONAL ill will. You should take the comments in the spirit in which they were offered.
Obviously your case has merit or an attorney would not have accepted it on contingency. And it does seem that damages would merit a high award. What the other posters are trying to do is give you a reality check. Is your contingency fee 30%, or the more common 40%? Does it go up to 50% if it goes to trial? That's not uncommon either. And does the attorney get his percentage BEFORE or AFTER the expenses are deducted? That alone can make a huge difference in what the plaintiff actually gets to take home. So if it goes to trial, and atty gets half off the top, and THEN the many thousands in expert witness fees and other expenses are deducted, then your lawyer definitely gets more then you. This is not rudeness or negativity. This is reality. These are things that you should have paid attention to before signing your contingency agreement, but should at least be aware of now. No one is saying these things to hurt you, no one here bears you any PERSONAL ill will. You should take the comments in the spirit in which they were offered.
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