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How to handle this medical malpractice settlement?

  
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How to handle this medical malpractice settlement?

Postby leland » Sun Apr 03, 2011 10:23 am

I am just trying to get other opinions on how to proceed. My 20 year old daughter had rectal surgery and was paralyzed as a result of it. We are suing the hospital/doctors and they have requested early mediation. We were sent a letter from our lawyer stating that they would start the negotiations at around 9 mil, but when we met with the lawyer he said that he didn't think that they would pay that much and he expected they would pay somewhere around 3 mil. My concern was after the 40% lawyers commission along with medical liens, and other charges/fees what would that leave my daughter and he said around 1.5 mil and he said we should put that into a special trust because she currently receives government disability insurance and a special trust would protect her benefits. Of course I want my daughter's medical care to be taken care of, but what about pain and suffering, what about the fact that I lost my income as a result of their negligence, what about the fact that all of our bills are behind and our home will likely go into foreclosure. If this money goes into special trust we would still be struggling financially as a result of this. We are considering the special trust because it sounds like the best thing to do for my daughter's sake. But can I sue the hospital/doctors as well for lost of income, etc?
leland
 
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How to handle this medical malpractice settlement?

Postby dodya » Sun Apr 03, 2011 10:23 am

I am just trying to get other opinions on how to proceed. My 20 year old daughter had rectal surgery and was paralyzed as a result of it. We are suing the hospital/doctors and they have requested early mediation. We were sent a letter from our lawyer stating that they would start the negotiations at around 9 mil, but when we met with the lawyer he said that he didn't think that they would pay that much and he expected they would pay somewhere around 3 mil. My concern was after the 40% lawyers commission along with medical liens, and other charges/fees what would that leave my daughter and he said around 1.5 mil and he said we should put that into a special trust because she currently receives government disability insurance and a special trust would protect her benefits. Of course I want my daughter's medical care to be taken care of, but what about pain and suffering, what about the fact that I lost my income as a result of their negligence, what about the fact that all of our bills are behind and our home will likely go into foreclosure. If this money goes into special trust we would still be struggling financially as a result of this. We are considering the special trust because it sounds like the best thing to do for my daughter's sake. But can I sue the hospital/doctors as well for lost of income, etc?
dodya
 
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How to handle this medical malpractice settlement?

Postby dureau » Sun Apr 03, 2011 10:29 am

You should get in touch with other lawyers as well. The Attorney fee can be different for different attorneys. Your main focus should be to contact a medical malpractice attorney who can help you "Win" the case first.
dureau
 
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