Philadelphia PA Lawyer Talks About Brain Malpractice Litigation

There are many factors that affect whether

a lawyer will accept your case. First,

despite what you may read in the

newspapers, a medical malpractice case is

not a guaranteed lottery ticket worth millions.

Medical malpractice situations are among the

hardest types of personal injury situations to win.

The doctor prevails in most situations that go

to trial.

Since most situations take a number of years to

resolve, the cost of preparing and presenting

the case by trial is a major factor in

whether a lawyer will accept your case.

Medical malpractice situations are taken on

contingency fee. When the case is resolved,

the lawyer is reimbursed for her expenses

and paid a percentage of the award or

settlement as the fee.

These situations are very expensive to pursue

because they require the lawyer to gather

the medical records, hire medical

professionals to review the records, write

reports and testify as expert witnesses.

The lawyer must also pay the costs of

pretrial preparation and trial. It simply

does not make sense to pursue a case that

has a possible value of $50,000, if the

cost of pursuing and presenting the case is

$20,000 or more. consequently, many

smaller situations are not pursued, already if the

negligence is clear.

If the case is particularly difficult, the

attorney may ask the client to put up at

least some of the costs of the suit. This not

only makes the case more economically

viable for the lawyer, it causes the client to

feel more invested in the time of action. If the

case is quite strong, the attorney may be

willing to front the costs himself.

You should not expect that the case will

settle quickly. It will not. Most of these

situations must be tried before a jury before

compensation can be obtained. This is

chiefly because, in many states, the

doctor’s insurance company cannot settle

the case without the express consent of

the physician. Since it is not the doctor

who truly pays any judgment in the

case, the doctor has little risk if the case

truly goes to trial. The doctor may want

to preserve his or her reputation for

providing quality care, instead of accept

a settlement that implies malpractice.

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