A question for anyone who's filed a malpractice lawsuit.

[kittycat1164]

I'm thinking of suing a doctor for malpractice (believe me, I have a pretty darn good case) but when I talk to a lawyer about working for contingency what is the percent/fee that is fair? I've never ever had to see a lawyer for anything, so I have no clue about their fees and what is the going rate. Anyone have insight to help me? Thank you!

[GAspnes]

1. 30-50% contingency fee

contact your state American Trial Lawyers Association for specific info.

[kittycat1164]

3. thank you very much for the direction n/t

[blueknight]

4. i work for a personal injury law firm,

the standard in the industry is 33% and expenses. the expenses can run up if you dont have a VERY qualified law firm handling this.

[OldLeftieLawyer]

2. It varies

Malpractice lawsuits are very complicated - I mean, incredibly complicated - and involve the layout, in advance, of lots of cash for tests, expert witnesses, etc.

If you have a good case, the lawyer's contingency fee will be anywhere between 1/3 and 1/2 of whatever your eventual recovery might be. He or she will tell you right up front, but, you know, the lawyer's fee shouldn't be your main concern; that should be your health.

Don't be disappointed if the lawyers you talk to don't find that you have a case. There's a world of difference between what civilians think is a "pretty darn good case" and what really is an actionable matter.

So, good luck.

[kittycat1164]

7. oh I know, I'm not going into into it with any hopes

I just have to try to make a stand, ya know? I don't expect to win, but Lord it's been crazy. Anyway, thank you for you thoughts.

[serryjw]

11. Tell me about it.........

When the doctor in 1992 did a breast biopsy he nicked an artery. I lost 5 pints of blood...and had a $5000 bill b/t the ambulence and the hospital......The lawyer said"thank god your ok.BUT you can't afford to carry me for 5 years until it goes to court. Even then you won't see enough money for either of us to make it worthwhile."

I didn't want to sue for million, I just wanted him to pay my medical bills. It was his fault!

[amazona]

5. in my area 30 to 40 percent

30 percent if it's settled before trial, 40 percent if it goes to trial. If the first attorney rejects your case, talk to several others. But if several attorneys reject your case, accept that it is a loser and try to move on. I've known people to give up after interviewing just one attorney, but good attorneys can disagree about whether or not you have a chance to win.

I hope you get will soon if you have not already. And I hope you win a fair settlement as well.

P.S. Some attorneys will "buy" your case. You know, those quick check guys where it's "one call, that's all." Don't dismiss them out of hand. My friends were offered $40K to sell their case to a local ambulance chaser of that type. They refused because another attorney told they he could get them six figures. The settlement was less than expected, plus they had to pay the attorney's fees and interest from over two years of interest while their medical bills went unpaid...they said they ended up with only $40K in the end anyway. Except that $40K upfront is more than $40K two years later because of the interest they owed. My friends ended up declaring bankruptcy when all was said and done. So don't necessarily look down at the ambulance chaser unless it is clear he is trying to "steal" your case too cheaply.

[unblock]

6. 1/3 is standard. i have lawyers in the family.

i had used one of my family lawyers for a contingency case (personal injury, not malpractice) and he gave me a break and only charged me 1/4. they take all the risk and have administrative costs and salaries to cover, so he couldn't do it for free.

some lawyers might charge as much as 40%, but you should be able to find one for 1/3.

from the lawyer's point of view, the 1/3 fee is pretty much a given, and the decision they face is whether or not to take the case based on the probability of getting paid enough.

note that i did not say the probability of winning. winning is one thing, getting paid is another. in malpractice cases, suing hospitals or other entities with deep pockets and/or adequate malpractice insurance is far preferable to suing a private practice who might not have enough (or any) insurance.

[BigBigBear]

8. My wife took one on

A pretty good case. But the other side kept throwing motion after motion at her, she kept beating them, but in the interim the hospital got sold and, after 10 years (yes, TEN years), the court eventually threw it out because the defendants had all moved, and the other side successfully argued they could no longer mount a defense.

Fees are regulated by the states. It's 33% in my state.

[kittycat1164]

9. kick just to get it on the top again n/t

[Padraig18]

10. 1/4 - 1/3, plus certain expenses, is standard in my area.

Central Illinois.

[Sanity Claws]

12. A darn good case

Someone else mentioned that what you may think is a good case may be viewed by an attorney as not worth proceeding. I agree. It depends on the facts and damages.
Let's say the doctor entirely misdiagnosed you or he did a procedure that was not necessary but it did not cause any measurable harm. You refused to believe what the doctor said and saw a second doctor who provided you with proper treatment and the condition was taken care of. The delay in treatment was minimal and did not cause lasting harm.
In that case, the first doctor may have committed malpractice but you have no real damages -- no permanent harm, no lost wages, etc.
The matter would not be worth pursuing.
Good luck!