Legal issues

[admin]

I know this is a touchy subject to most of you and I wouldn't ask this question if I didn't need some help. My husband and I decided that we would pursue our case legally and we are at a crossroads with the attorney we decided to go with.

We were recommended this attorney through a support group that we joined and we thought that since someone in the group use their services, why no give them a try. For the past 3 months, I feel as if they have been blowing us off and not keeping us informed as to whether or not we actually have a case. The attorney keeps saying that these cases take time and we will let you know if our office will take your case. How long does it take to decide if a client has a legal claim? We went to the attorney in May and it is now November with no results. HELP. Should we consider legal counsel elsewhere?

[admin]

I am sure there will be different opinions out there, but here are just my thoughts. BE CAREFUL. I have friends who have waited over a year and then been told they weren't going to take the case after all.

Our attorney came highly recommended by another mom too and ended up being someone who we could not trust and who did not have our child's true best interest at heart. He also wasn't willing to work and fight for our child the way he had initially promised he would.

We have had a few different experiences with a few lawyers and if I was in your shoes I would be very careful, especially since most states have time limitations for filing cases. I believe if an attorney has all of your records there is no reason why they should not be able to review and possibly send out to one expert to review within a few months. And if not, they should at least be able to give you a time frame for when they will be able to tell you if they will take the case or not. I would not stick with an attorney who kept me hanging and couldn't tell me when I would have a final answer. If I had not received an answer I would fully continue directing my efforts toward finding another attorney in the meantime. I do not at all believe in signing papers UNTIL I have been promised that my case will be taken. Some parents have been given false hope and put all their eggs in one basket with one attorney, only to be dropped. Also, just because you sign a contract doesn't always mean they will see the case through the way they should. I think some lawyers are real quick to take your case and have you get tied up by their contract and their true intentions are to watch your child's progression, see how many surgeries are needed, etc. It is truly horrible, but if they start to see less money for them they can quickly become less motivated to see your case through. I would not sign with an attorney unless I had a promise (and maybe in writing) that they would see this case through, take the risks to go to trial if necessary, etc. and clarify if your child progresses that they will still see the case through. You want them to believe in the negligence and be willing to fight for your child and there are a few out there who will through thick and thin. With the 3 very experienced lawyers we consulted with we were notified within one to two months if we had a case, but I provided complete medical records right away. Also to protect yourself, consider only signing AFTER they have consulted and received feedback from an expert witness. The sad truth is that some of these lawyers will just hold on to cases in case it serves their needs and drop the case when things might not pan out as much as they would like. Talk to several parents regarding your attorney. Ours came highly recommended and is well known, but we were far from impressed regarding some very important matters.

[m&mmom]

We were very fortunate and found an excellent attorney. Unless he was out of the office we were called back/emailed back immediately. Communication and response was very important to me. I had my hospital records when we went for our first visit. From then it was a matter of days when we knew he was going to take our case.

Cindy

[admin]

It's been 8 months for me and they still havent decuded yet. I have faith in my attorneys. My sister is an attorney and reffered me to them, so I hold out hope. The bottom line is- your child should not of been hurt. So you do have a case. Goodluck.

[Francine_Litz]

I would find out exactly what they have done on your case to date. Ask them for a time sheet on your case. If they said that they sent it to the expert witness - find out who - find out exactly when it got sent out - find out exactly when it is expected back. You must keep track of all of this because you don't want to be told that they are turning your case down without enough time to get another attorney before the statute of limitations is up. (find out what the limit is, too)

Just because an attorney has made it to a support group doesn't mean that they are good (or bad).... and just because they are good (or bad) for one doesn't mean that they are good (or bad) for another... no different then going to a hotel and one day having a great room and another day having a bad room.

You have to be assertive - stay on top of them - and if your gut says that you're not happy - then find another attorney. There are plenty of good bpi attorneys out there.

http://www.injurednewborn.com/maia/legal.html

Good luck!

-francine

[admin]

After posting this message, I got a call from the attorney(Finally)only to find out that my labor and delivery records are a complete fabrication. According to the attorney, the chart came back"Clean" and there were no errors made by the doctor. If that is the case, "Why is my child injured if the doctor did everything right?"

[BUGASMOM]

After my son was born I had a very hard time deciding if I should contact an attorney and finally after many people convinced me too I called one and they even came to my house to sign release forms for my medical records and they were enthusiastic about my case until they got the records and also mine were "clean", they did not want to take the case and suggested I find someone else who would be willing to fight because it would just cost too much for them. I have talked to another attorney who is looking into my case and have not heard anything else.

[admin]

These "clean" records disgust me. All doctors have to do is chart things in a way to cover their behinds and we have no case. All they have to say is no sd ever occurred or that proper manuevers were done. Until the cause of this injury is proved and current research is done to show the true cause most of us are in a real bad spot for ever having a case. Pretty sick that all they have to do is fabricate the records and they are off free.

[Francine_Litz]

Concerned - I'd contact another bpi specialist attorney asap. Your child is injured so SOMETHING obviously went wrong no matter how the doctor documented it - bunch of baloney if you ask me! Find a lawyer willing to work for your child! It's just disgusting.