For most, cost is a big concern when pursuing a legal action. When it comes medical malpractice suits the costs and complexities require the hiring of an experienced attorney. Unlike a simple auto claim where you might consider going it alone – medical malpractice is a totally different matter. So, typically a successful plaintiff will pay a minimum of one third to forty percent in attorney fees and legal costs, which include expert witness charges and court services. The shear costs make most lawyers reluctant to get involved in these cases.

In malpractice cases, lawyers will use a contingency fee instead of an upfront, flat fee. This means they don’t get paid at all if they lose, but if successful, they share in the client’s settlement or jury award. Though this percentage may vary by state, lawyers handling malpractice earn every dollar. In addition, states can and often do regulate what the patient’s lawyer may charge, but place no limits on the lawyers working for the doctors and insurance company. Clearly patients are at a disadvantage in malpractice actions. Obviously, when cases go to trial the expenses increase significantly as well the risks to patients and their lawyers of recovering nothing. Some states have limits on contingency fees for medical malpractice cases, in particular, but in some instances lawyers can charge a higher fee if the case goes to trial over being settles out of court.

Other costs that can pile up are court filing fees which can approach $500 and expenses for obtaining copies of medical records. Generally, it will cost one dollar per page and some cases involve thousands of pages of medical records. However, by far, the greatest costs involve expert witness fees. Depending on specialty, experts may charge more than $1,000 per hour for testimony. Easily, lawyers who advance the costs of these cases can spend more than $40-50,000 on one expert and most cases require several experts. These expert witnesses spend hours reviewing the case and documents, giving testimony and traveling. For both sides, the expert witness is an important asset in proving medical malpractice – so their expense is justified.

As you can see, it makes little sense for most people to consider taking on a medical malpractice suit without an experienced attorney who can handle the intense work and who is willing to risk financing it. Hiring a medical malpractice specialist.