What are contingent based attorney fees and costs for a medical malpractice case?

Question

Hello - I have a medical malpractice case I am thinking about filing on.  During a kidney stone removal surgery, the doctor laser blasted the kidney stone, but he also accidently lazered off about 2" of the metal stint that he had also inserted in my kidney.  He was not aware that he had done this and even after follow-up x-rays, he failed to see the very visible piece of wire.  About a year later, he asked me to get another x-ray and about 2 weeks later, he called me to come to see him at his office.  He showed me the latest x-ray and pointed out the candy cane shaped piece of metal wire that was still in my kidney.  I asked him why he did not see it on previous x-rays and he told me "I just missed it” I then asked him why no one detected the (candy cane shaped) top portion of the stint was missing when it was pulled out of my penis?  He again said "I missed it" During that year and after the kidney stone surgery, my kidneys went into total kidney failure twice, but after being hospitalized twice for one week, then about 4-days, each time, my kidneys restarted due to the care I was given.  During those times in the hospital, they did not know why my kidneys totally shut down.  The toxins in my system became so bad, I lost total memory at one point and my hospital stay memory was very fragmented.  They were hours away from putting me on dialysis.  It may or may not have been due to the foreign object in my kidney, but nonetheless, I had to undergo another 4-hour surgery to have the wire stint fragment removed by another doctor.  They had to keep me awake for that surgery and gave me a local for pain.  I recall it was extremely painful anyways and they continued to give me pain medicine.  I missed a week of work and suffered a significant amount of pain & suffering.  I had to carry a urine bag for several days and had a lot of bloody urine due to that surgery.  At my age of 56, I was already in poor health due to diabetes and heart disease.  After my visit to the

Gregory Crain · Answer

A percentage of the recovery.

Stephen Lombardi · Answer

Answer: Contingent fees on medical malpractice actions as well  as other  professional negligence cases can be anywhere from 1/3rd to 50%  depending on  the size and complexity of the case.

Ronald A. Steinberg · Answer

Medical malpractice cases are very, very expensive.  The lawyer gets reimbursed, and from what is left, gets a percentage. Typically one third.

Melvin Franke · Answer

Normally 40% and whatever the costs are.

James Osak · Answer

Contingent fees are generally one-third (33%) and the costs can range from several thousands to $80,000 or MORE depending on what kind of medical malpractice case it is. These cases are NOT cheap. Most lawyers could do a medical malpractice case if it weren't for all the "up front" costs. That's why usually only the large firms handle these types of lawsuits.

Willie Stephen Graves · Answer

Medical malpractice lawyers generally charge between a third and 40% of your recovery. Be prepared to be turned away, though, because medical malpractice cases are expensive to prepare and defended to the hilt. Most lawyers only take cases involving permanent disability, maiming or death and/or with substantial lost income.

Andrew Velonis · Answer

New York's Judiciary Law 474-a sets out the fees lawyers may charge in medical malpractice cases: 30% of the first $250,000 recovered, 25% on the next $250,000, 20% on the next $500,000, 15% on the next $250,000 and 10% on any amount recovered over $1,250,000.

Thomas Bulman · Answer

40% or more.  Each case is an expensive war.  The defendant has unlimited access to other doctors to defend whatever he did or choice he made.

Michael Yeksavich · Answer

The contingent fee varies from lawyer to lawyer but in OK are limited to 50%. However, one of the big expenses is securing an expert witness.

Bradley Cornett · Answer

Every case is unique. As a general rule, contingency fees for medical malpractice cases range from 30% to 50%. The more difficult or risky the case, the higher the contingency fee will be.  Speak with a reputable attorney that has experience winning medical malpractice trials.  Most attorneys will provide a free initial consultation with no obligation.

Bernard Huff · Answer

In most contingency fee cases, attorneys through contractual arrangements with their clients get at least one third of the gross recovery and all costs should also be paid from that recovery. Any contingency fee arrangement should be initially decided and entered into between the parties at the onset of the attorney/client relationship through written agreement.

Paul Whitfield · Answer

You need your complete chart reviewed by a urologist or surgeon or both and you need their opinions that there is malpractice here. If you have such a situation most lawyers who handle malpractice cases would handle your case on contingency. But don't expect the lawyer to hire the doctor and investigate your case for free. Most will not do that. You don't seem to be sure that all your problem is because the doctor overlooked something. You need to be sure before you consider court. And you can only do that with medical help.

Michael Heilmann · Answer

These cases are expensive to pursue. Without permanent damage, most lawyers will not pursue the case.

Mark Smith · Answer

It depends. The contingency can be from 1/3 to 40% of the total award plus costs including experts. This is a significant expenditure by the attorney.

Michael Sgarlat · Answer

As I recall, I believe there is a Virginia Code Section dealing directly with foreign objects left in the body during surgery. Check it out and see where you stand.

Michael Yurasov-Lichtenberg · Answer

In New York, an attorney litigating a claim for medical malpractice on a contingent fee usually can take 30% of the first $250000 of the judgment or settlement and, on a sliding scale, down to 10% of the amounts over $1.25 M If the amount of work that had to be done to win the case was disproportionally large, the court can increase the attorney's fee. Litigation costs are usually "fronted" by the law firm and recouped from the judgment or settlement.

Steven Urban · Answer

Contingent fees usually range from 30 to 40 % of the gross recovery.  Costs vary based upon the facts of each particular case, but can be enormous when several highly specialized experts are needed.

Thomas Edward Gates · Answer

A contingency agreement reflects that your attorney would not receive compensation unless there is a judgment.  Expenses are still the responsibility of the client.  Generally, the Agreement identifies that the attorney will receive 1/3 of the judgment, if resolved before filing a law suit.  If a law suit is filed a different fee is then used.  If you discharge your attorney before a settlement is reached between the parties, you will be responsible for his legal fees at the rate identified in the Agreement.

Mark Leonardo · Answer

First, you have to file a lawsuit within 1 year of the time you learned of the malpractice.  It sounds like the date starts running when your doctor told you what happened.  But you are better off to file within 1 year of the original surgery.  If you are close to the 1 year, a required letter that must be sent before filing a lawsuit will extend the deadline for 90 days.  I strongly suggest you get to an attorney ASAP and not worry about fees.  However, to answer your fee question, a lawyer will take your case on contingency which means he or she does not get paid until you settle or collect on a judgment.  Medical malpractices cases are very difficult for a plaintiff?s lawyer because the cap on what you can win is $250,000 plus your out of pocket losses (for medical care and loss of earnings) and future medical expenses.  Medical malpractice is the only area of law that has a statute stating what the attorney's fees can be.  It?s a sliding scale fee schedule:  (1)    40% of the First Fifty Thousand Dollars ($50,000.00) recovered; (2)    33 1/3% of the Next Fifty Thousand Dollars ($50,000.00) recovered; (3)    25% of the Next Five Hundred Thousand Dollars ($500,000.00) recovered; and, (4)    15% of any amount which exceeds Six Hundred Thousand Dollars ($600,000.00)  It's also the one area of law where costs come off the top first before the above schedule applies.  So let's say you incur $50,000 in filing fees, expert fees, jury fees, deposition costs, etc. and you win $300,000 at trial.  A portion of the costs incurred are recoverable, but usually not all of them.  Let's say the court says $30,000 are recoverable.  In that event, it gets added to the $300,000 judgment.  Usually it works in the way that you get a check for $330,000 from the doctor/insurance company.  From that, the lawyer subtracts $50,000 for costs, which puts you at $280,000 for the fee schedule to apply. The attorney gets $20,000 (40%) of the first $50,000, $16,666 of the next $50,000, and then 25% of the next $180,000 which is $45,000.  Thus, the attorney gets ($20,000 + $16,666 + $45,000=) $81,666.  You would get ($330,000 ? $81,666=) $248,334.

Jeffrey Lapin · Answer

First, as to your actual question, "What are contingent based attorney fees and costs for a medical malpractice case?" there is no single answer to that question. Contingency fees vary between attorneys. In addition, most attorneys charge a higher percentage the more difficult a case is. Moreover, the likelihood of success also may change the contingency fee percentages. The lower the likelihood of recovery, the higher the fee percentage as the attorney is taking a higher risk that he or she will not receive any money from a case. Costs also differ depending on whether a case settles before a lawsuit is even tried or whether the case goes to trial. Costs may include any or all of the following: filing fees for the lawsuit; photocopies; postage; costs for medical records and/or reports; mileage; expert witness fees; and court reporter fees. This is just a list of the more common costs and expenses; there are many costs and expenses. In most medical malpractice cases, you have to have another doctor, or possibly more than one, willing to testify that the first doctor committed malpractice. Finding and paying doctors for their opinions and testimony is usually very expensive and is typically the largest cost in a medical malpractice case.  The retainer agreement you sign with the attorney may list the costs and expenses although typically the agreement will list some as examples. It is hard to predict at the beginning what all the possible costs and expenses will be. Medical malpractice cases are usually more expensive than car accident and other personal injury cases.  Second, although you do ask about it, you need to be aware that the statute of limitations for medical malpractice case is generally two (2) years from the date of the negligent (malpractice) act. There are a few exceptions to this rule. One of the exceptions is that if you did not, and should not have, know that malpractice occurred. Under this exception, you generally get 1 year from the date you found out, or should have been able to find out, to file a lawsuit if the 2 year statute of limitations has already expired.  Finally, I cannot answer whether you have a medical malpractice case. Although you do provide a lot of information, it is insufficient for me to be able to say that you have a medical malpractice case or not. I also cannot comment on the statute of limitations as you do not provide specific dates.  You should consider with an attorney to learn more about your rights, whether you have a case and what the statute of limitations on your case is.

Scott Behren · Answer

Feel free to call our office to discuss further.

Eric Rothstein · Answer

There is a sliding scale based upon the money recovered; it is far less than the 1/3 legal fee for a personal injury case. I am a former federal and State prosecutor and now handle these type of cases.

Jerrie Weiss · Answer

In California, the attorney is limited to 40% of the first $50,000, plus 33 1/3% of the next $50,000, 25% of the next $500,000 and 15% of any amount over $600,000.  Some states have different caps.  Some states have no caps.

William Chaffin · Answer

Generally between 33 1/3% of 50% depending on nature of the case.

Gregory Casale · Answer

All Personal Injury (PI) cases are taken on a contingent fee basis. This means that the lawyer takes the case on the contingency that he/she will be successful in prosecuting the case. If he wins or settles, she gets a percentage. If she lose, you pay no legal fees for representation. This form of fee agreement gives the same incentive to the attorney as it does to the client, to maximize the result. Unless I feel that a case has merit, I will not waste my (or the client's) time. It is designed to weed out frivolous claims since no attorney is going to take a case unless he/she believes it's a winner since he/she gets no fee unless they get a settlement. As far as the costs, they are also paid by the law firm up front and then reimbursed after a settlement/verdict is reached. It also puts the attorney and the client in the same position as far as desire to get the highest settlement, again because the attorney gets a percentage of the award. If you would like to discuss your case in detail call me at the numbers listed below. There is no cost for the telephone and/or office consultation, and again, no legal fee unless we feel the case is a winner, it provides a settlement or verdict, and we split the fee. The percentages are determined by the type of case and range from 33.3% to 40% to the attorney. However we work with percentages fixed by statute that should not be changed or negotiate up or down. We charge the percentage that the statute says for the particular type of PI case we are dealing with.

Steven Fairlie · Answer

Contingent fees are a percentage of the money that you receive from your case, generally somewhere between 30 and 45%, with one-third the most common arrangement.  Better lawyers generally are able to win more and therefore will often charge a higher percentage.  Costs are anything that was required to be spent to pursue the case.  Generally the costs include the costs of obtaining medical records, obtaining transcripts or films of depositions, and paying experts.

David Stoddard · Answer

The contingency fee is usually at least 1/3 of any recovery and is often 40% because they are so risky for the attorney in terms of time and money. Costs usually exceed $20.000 and it is not unusual to exceed $50,000.00.

Britany Engelman · Answer

Be sure to act on this quickly. If you decide to take legal action, the statute of limitations for medical malpractice cases is only one year in the state of CA.

Stuart Nachbar · Answer

This is very detailed and you should just go to med mal attorney as you will   need an affidavit of merit on the case and they may be able to assist you   with obtaining that.  Good luck.

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What are contingent based attorney fees and costs for a medical malpractice case?

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