The doctor recently misdiagnosed my medical condition and I would like to file a medical malpractice claim. Will an attorney take the case on a contingency fee basis?
The doctor recently misdiagnosed my medical condition and I would like to file a medical malpractice claim. Will an attorney take the case on a contingency fee basis?
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Answer:
Almost all medical malpractice attorneys take their cases on a “contingency” basis where the attorney fee is a percentage of the amount recovered from the defendant through judgment or settlement. Typically, this is one-third of the judgment after costs and fees are deducted. Many states place a limit on the contingency percentage in medical malpractice cases.
Some lawyers require that expenses be paid in advance, especially if it looks like your case may take a long time to complete. However, most attorneys pay expenses on behalf of the client as the case proceeds and then deduct the expenses from the client’s portion when money is recovered.
Medical malpractice cases are expensive to prosecute, primarily because of the cost of medical expert review and testimony. It is not uncommon for a plaintiff to spend $100,000 before trial and another $100,000 at trial in a serious case. Therefore, most medical malpractice attorneys will carefully evaluate the merits and potential compensation of the case before committing resources.
Talk to a Medical Malpractice Lawyer to get qualified legal advice regarding your case, and find out if you can bring a civil claim.
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Posted by Linda Adams on 13 May 2010