25.6 Fee arrangement-Advancing costs. Most medical malpractice cases for the plaintiff are handled on a contingent fee basis. Medical malpractice cases are such that usually there will be no settlement, nor even negotiations toward settlement, until the lawsuit has been filed and all essential depositions have been taken. In most well-prepared cases, there is virtually a trial through the discovery process before the actual trial in court. But, of course, this is a matter of individual negotiation between you and your client, and should be in accordance with your local custom and practice.
Some states now have statutes limiting contingent fees in medical malpractice cases.
Ordinarily, the victim of medical malpractice has been plunged into a financial abyss, and is unable to undertake the cost of the investigation and prosecution of the case. The matter will move much more expeditiously if you are in a position to advance the necessary expense of investigation and litigation. These advances usually do not include any sums for medical care and treatment, however, and are limited to the necessary expenses for medical reviews and examinations, and costs of investigation, depositions and the like. Sorry, we're unable to assist non-members.