United Brachial Plexus Network, Inc.

April 5th we have an appointment to speak to the lawyer about our delivery. What do we need to prepare for? What do we need to take with us to this meeting? What are some of the questions they will ask? We have waited for this for almost 2yrs, I'm afraid we will leave something out. They are wanting to see our daughter and ask us how the delivery went. They have our records and say there is a good chance.

I would advise you to write down anything you can remember about your prenatal care. I would also write down a detailed account of your labor. Bring your explanation of benefits from your insurance company, any costs you have incurred, any records/reports you may have, name/address/phone numbers of all of the docs/therapists that treat your child, therapy schedule, etc. Hope this helps some,
Cindy

Did you get the records for the prenatal, labor and delivery, newborn (from the hospital) and the pediatrician or the child's regular doc. also we have a notebook with all the notes from our childs OT with the IFSP and all. How about pics or videos from deivery?
---Paula

Have you already asked your attorney questions about themselves??

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

FRANCINE: WE DID NOT SO MUCH REASERCH OURSELFS BUT I DID CALL THE NUBER ON THE WEBSITE YOU DIRECTED US TO AND THEY INCORAGED ME HE IS A VERY GOOD PERSON FOR THIS TYPE OF INJURY AND ANYONE IN HIS FIRM IS VERY CAPABLE. THANKS FOR THE REPLY.

THE LAWYER HAS THE PRENATAL & DELIVERY RECORDS AS WELL AS HER SURGERY RECORDS FROM JAN 2002 THEY NEED THE THERAPY RECORDS AND SOME INFO FROM US. IHAVE A COPY OF THE DELIVERY RECORDS AND MY HUSBAND, MYSELF, MY MOTHER, AND MOTHER-IN-LAW DO NOT AGREE WITH THEIR CHARTS.(ALL IN DELIVERY ROOM) MY QUESTION IS DOES ANYONE REALLY THINK A DOCTOR IS GOING TO INCRIMINATE HIMSELF? IN OUR OPINION THINGS MAY HAVE BEEN FABRICATED. (HOPE WE ARE NOT OVER REACTING)DOES IT REALLY MATTER WHAT OUR OPIONION OF THE DELIVERY WAS? WILL THEY TAKE IN TO CONSIDERATION THAT HE TOTALY FREAKED OUT AND YELLED OBSINITIES? THAT IS NOT IN THE CHARTS. HEARING HIS SCREAMS FOR HELP SEVERAL OTHER NURSES AND ANOTHER DOCTOR ENTER THE ROOM AND COACHED HIM, MY DAUGHTER WAS DELIVERED.(THANK THE LORD OTHERS WERE THERE)THAT ALSO IS NOT IN THE DELIVERY RECORDS.

Any time you've spent on therapy, time off of work, and things of that nature. My attorney got upset with me when I told him that I wanted to be compensated for time I had taken off of work. He feels (and so do I) that the suit is for Antonio's future. You just keep calm and they'll tell you what you need. GOOD LUCK!!

Please be sure to ask your attorney what experience they have had with bpi cases and what the outcome of those cases were. Remember, they will not take on a case unless they think they can win. An important question to ask the attorney is how their fee will work. If they are working on a contingent basis, they will not collect unless they win the case for you. HOWEVER, please keep in mind that if you win the case, the attorney will collect his contingent fee PLUS expenses (which can escalate very quickly!) Make sure you are clear as to their fees and what you can expect to see on the expense report when the case is over. Don't think that a simple telephone call to your attorney will go unbilled, they bill everything! I was real stringent with my attorneys and made it clear to keep their expenses down ... I rode them and it paid off in the end. Also, a normal contingent fee is 33% of the settlement + expenses. However, because our daughter is a minor, our attorney collected only 25%. The court has some jurisdiction over the attorneys' fees and hopefully will not allow the attorney to submit an "excessive" fee. Good luck!

every state has laws governing the amount of money a lawyer can collect in a med mal lawsuit. In many states it is on a sliding scale; the more money received in the lawsuit, the less money the lawyer gets. However, expenses are different. Expenses include paying an expert to go over your papers, paying an expert to give an deposition, or go to trial with you. These expenses come off the top. In many states you are responsible for these expenses even if you do not win the case. Ask your lawyer how it works in your state. If you decide to go with this attorney, you will have to sign a "contract" all of this should be stipulated in the contract. If it is not, get out!! If you do not understand the wording, ask. You are not a lawyer, it is okay not to understand the way it is written. Your lawyer probably could not do your job. You have a long road ahead. Do not feel that you have to remember everything at once. You can also write to your lawyer as a way to remember things.