Medical Malpractice Lawsuit Cost

Typical costs:

• Medical malpractice lawyers usually take cases on a contingency basis, charging 20-40 percent of any final settlement or court judgment; you only pay these legal fees if you win. The percentage is negotiated in advance, based on prevailing rates in your area, the expected length and complexity of the case, the amount of money expected to be awarded and, in some cases, the lawyer's experience and reputation. Some attorneys have a schedule of fees, such as 25 percent if the case settles before going to trial, 33 percent if it goes to trial and 40 percent of the final settlement/judgment if the case is appealed. Some states have sliding-scale maximums based on the amount of the settlement/judgment, such as 33.3 percent for the first $300,000, 25 percent for the next $300,000, and increasingly lower percentages as the total amount increases.
• Ongoing expenses to prepare and mount a medical malpractice case average around $20,000-$50,000, but in complicated situations it can be $50,000-$100,000 and up for costs such as expert medical testimony, obtaining extensive records or using technology to demonstrate the negligence and injury. Usually the attorney will pay these out-of-pocket costs and be reimbursed out of the settlement/judgment.

• Medical malpractice cases are expensive and difficult, and attorneys are selective about their clients. An attorney may accept your case tentatively, with a permanent commitment based on the results of a thorough investigation and review of the medical records. A medical malpractice suit must prove that there was a doctor-patient relationship; the doctor did something no reasonable doctor would have done under similar circumstances; the patient was injured (or killed); and the doctor's errors caused the injury. FindLaw.com discusses proving fault[2] in medical malpractice cases and who can be sued[3] .
• Suing for medical malpractice can be a long, difficult process, and you may find yourself answering very personal questions for the record, and spending a lot of time working with your attorney. Some cases can be quickly settled, but on average they take 2-3 years until a jury reaches an initial verdict -- and most health care providers will appeal any decision against them, which adds another year or more to the litigation process. ExpertLaw.com provides a brief overview[4] of medical malpractice.
• Each state has a statute of limitations for filing a medical malpractice lawsuit. FindLaw.com summarizes medical malpractice laws[5] by state.

• There can be an initial charge of $500-$3,000 or more (depending on location and complexity) for a lawyer to consult with a medical expert to determine if you have a valid malpractice claim. Also, be sure you clearly understand whether you will have to pay any of the out-of-pocket expenses if you lose the case and don't receive a settlement/judgment.
• It's important to know if the lawyer's percentage will be calculated before or after the medical bills are paid and other expenses reimbursed.

• Ask about the lawyer's experience with medical malpractice cases, especially your specific circumstances. Ask how each attorney stays abreast of current medical issues, if they have the financial resources, if necessary, to take the case trial, and how many medical malpractice cases they've taken to trial. FindLaw.com lists documents to show your attorney[6] and Lawyers.com explains how to select[7] a personal injury lawyer.
• If you already work with an attorney in another field of law, ask for a recommendation for a good medical malpractice lawyer. Referrals are also available at Lawyers.com[8] and FindLaw.com[9] .
• Your attorney should provide you with a written agreement outlining all costs. Be sure you understand exactly how and when the legal fees will be deducted from any settlement/judgment you receive, what other costs might be paid out of your settlement/judgment, and if you are responsible for any expenses if you lose the case.

1.  www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/mal...
2.  injury.findlaw.com/medical-malpractice/proving-fault-in-medical-malpractice-cases....
3.  injury.findlaw.com/medical-malpractice/proving-fault-in-medical-malpractice-cases....
4.  www.expertlaw.com/library/malpractice/malpractice.html
5.  injury.findlaw.com/medical-malpractice/state-law-summaries-medical-malpractice-and...
6.  injury.findlaw.com/medical-malpractice/documents-for-your-attorney-illness-hospita...
7.  personal-injury.lawyers.com/Personal-Injury-Basics/Personal-Injury-Selecting-a-Goo...
8.  www.lawyers.com/medical-malpractice/find-law-firms-by-location/
9.  lawyers.findlaw.com/lawyer/practice/Medical-Malpractice

Check Out All Costs for Personal Finance		How Much Does a Traffic Ticket Attorney Cost?		How Much Do Funeral Flowers Cost?		How Much Do Tax Returns Cost?

Today's Featured Cost Articles

A space heater can keep you warm on chilly December nights. Who is planning your big holiday event? A catering company may be able to help. It's a good idea to have the furnace checked in the fall, before you need it. Planning holiday travel with a pet? We cover the cost of pet travel. Be ready if the worst weather hits -- a portable generator means fewer power outages.

About CostHelper

CostHelper is based in Silicon Valley and provides consumers with unbiased price information about thousands of goods and services. Our writers are experienced journalists who adhere to our strict editorial ethics policy.

CostHelper Community

Why calligraphy costs so much... Paid: 500.00 As a veteran calligrapher, my rates fall in this range. The rates may seem outside the budget but the skills and time required take many years to learn, not something that can be learned over a weekend or a YouTube video... [more] -Cora Taylor, Calligraphy Studio Calligraphy Cost Shingles Vaccination Paid: 25.00 Got my vaccination at Walgreens. Have WellCare Health Insurance. Am 76 years old. My copay is $25.00... [more] - Shingles Vaccine Cost Colposcopy with biopsy Paid: 500.00 No clue that United Health would view this as surgery. Thought it was preventative. Total bill was 1500. Had to pay deductible. This was essentially a very expensive pap... [more] -AvaMonica Colposcopy Cost Service and warranty are worth the price Paid: 848.00 I am extremely nearsighted (-11.25) and hard to fit for progressive multi-focal lenses because frame size and shape are limited; I need a frame that can handle thick lenses... [more] -Julie C Eyeglasses Cost Spark plugs and ignition coils replaced 8 cylinder Paid: 200.00 P0300 code cylinder #2, ordered ignition coils online and purchased spark plugs at O’Reilly‘s. Took about an hour and a half to replace all eight... [more] -Busted knuckle Ignition Coil Replacement Cost Apadravya Paid: 95.00 $95 + tipFreehand piercing... [more] -E M Body Piercings Cost