Pursuing a malpractice claim can be quite an investment. And it’s worth every penny when your chances of receiving a large payout are high (and your attorney works on contigency). But what’s the average cost of a medical malpractice lawsuit? It depends on many factors.
Keep reading to find out what these factors are, plus the amount you may have to pay should you decide to file a birth injury lawsuit (or any other malpractice lawsuit for that matter).
Expenses For A Medical Malpractice Lawsuit
First, let’s take a look at typical expenses for this type of lawsuit, and what they cost. Of course, this can totally vary but we’ll give you a general ballpark.
- Court filing fees (Between $100-$500)
- Cost of obtaining copies of hospital records ($0.25 to $2 per page)
- Expert witness fees (Anywhere from thousands to tens of thousands of dollars)
- Lawyer’s fees (May include a retainer (upfront fee) or contingency fees)
Expert witness wages are expensive. Some charge hundreds or even thousands of dollars per hour. Why is this? Well, they need a high level of expertise when examining the details of your case. In addition, their expertise has to be specific to the area of medicine involved in your case.
A witness might spend around 30 hours working on your suit. They must prepare an initial report before you can file. They may also have traveling expenses. In-court time will also factor into their total cost. It all adds up!
But hiring a witness may be essential. Their opinion is likely key to proving your doctor was negligent. If your case ends up going to trial, they’re likely to have a positive influence on the judge and jury. Expert witnesses can make or break a case, so that’s one expense you probably don’t want to forgo!
Can I Represent Myself In A Medical Malpractice Lawsuit?
Can you act as your own attorney in order to save money? It’s possible, but savings will be small at best. Also, you’re much less likely to obtain a settlement or win your case. That’s risky business!
If you wish to represent yourself, you won’t have to fork up any lawyer’s fees. Neither will you share your settlement or payout with anyone else.
But that means you’ll have to front all the costs of litigation yourself. You must find and hire an expert witness or witnesses. You’ll have to pay all filing fees upfront and get copies of your medical records.
Paying those expenses yourself can put you in financial hot water. Your medical bills may be piling up, making litigation difficult to afford. It’s a risky investment. If you don’t receive a settlement or win at trial, you won’t get back the money you spent.
Average Cost Of Medical Malpractice Lawsuit: Lawyer’s Fees
Now let’s discuss the average cost of a medical malpractice lawsuit when you do hire a lawyer.
Do you have to pay all the upfront costs yourself, plus lawyer fees? It’s not likely! That’s because most medical malpractice lawyers work on a contingency fee basis. This means they will pay for all initial costs. They’ll cover everything from filing fees to costs for obtaining records to expert witness fees.
If you receive a settlement or court award, you’ll reimburse the law firm for all litigation fees first. Then, you’ll pay them the legal fees you agreed upon in advance.
What happens if you lose your case, or receive no payout? To put it bluntly, your lawyer won’t get paid either. For this reason, law firms take on cases they feel more confident that they can win. That way, neither their time and resources nor their clients are wasted.
How Medical Malpractice Lawyer’s Fees Are Calculated
Before getting started on your claim, you and your attorney will discuss what percentage they’ll charge from your payout.
You might agree on the same percentage no matter the outcome. Or, the percentage could be based on a sliding scale. For example, the percentage might be greater if your case goes to trial.
Lawyer’s fees can vary, but most are in the 20-40% range. The average cost of medical malpractice lawsuit attorney fees is about 33%.
Factors determining how much your attorney will charge include:
- The complexity of the case
- Estimated litigation time
- Estimated payout
- Average going rates for malpractice attorneys in your area
- State laws and regulations
A word about state laws: some states regulate attorney fees for medical malpractice cases, this includes birth injury cases. They may place maximums on the percentages firms can charge. It often works on a sliding scale. For example, they may be allowed to charge 30% for the first $250,000 you receive, and 25% for the next $250,000. The percentage will decrease as the total payout increases.
What’s The Average Cost Of A Medical Malpractice Lawsuit?
Now let’s get down to the big question on your mind. How much will a malpractice lawsuit cost (regardless of who pays for it upfront)?
In the United States, the average cost of medical malpractice cases runs from $20,000-$50,000. But the cost can climb much higher. The range can be $50,000 to $100,000 for complex cases. And again, these are just averages.
Complicated cases might incur extra expenses, such as:
- Additional expert testimony (hiring more than one expert)
- Cost of extra hours for expert witness services
- Use of technology
- Cost of obtaining a large number of medical records
What To Know Before Pursuing A Malpractice Claim
Suing for birth injury isn’t a decision to take lightly. Malpractice suits are expensive. They are difficult. They can take years to resolve.
Before you decide what action to take, consult a malpractice attorney. Many lawyers offer initial consultations for free.
During this appointment, you’ll discuss the details of your case. The attorney will take a careful look at your evidence and tell you if it’s in your best interest to sue. Sometimes, a law firm may need to consult with a medical expert before deciding if a claim is valid. This may cost anywhere from $300-$5,000.
What Do I Need to Prove In A Malpractice Case?
If you want to sue for malpractice, you must have evidence of the following:
- There was a doctor-patient relationship
- The doctor breached the “standard of care” (they did something a competent professional wouldn’t do if faced with a similar situation).
- The patient has an injury (or lost their life)
- The doctor’s negligence caused the injury.
How Long Will A Medical Malpractice Lawsuit Take To Resolve?
The average time for a malpractice claim to reach an initial verdict is 2-3 years. But medical practitioners (and their insurance companies) often appeal claims. So you may not reach a final verdict for 1-2 years more.
What Should I Do First?
First, contact a reputable law firm to see if you have a valid claim. You should call a firm that specializes in medical malpractice.
Next, ask the lawyer what the average cost of medical malpractice lawsuits like yours is. If the lawyer agrees to take on your case, make sure you understand what costs you might be responsible for.
Remember, it’s often best to choose a firm that works on a contingency fee basis. That way, you don’t have to pay any lawyer fees upfront.
Ready to get started? Contact our experienced malpractice lawyers for a free consultation.
