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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Who Should Pay Records Review Fees for a Medical Malpractice Case

    A Texas man wants to file a medical malpractice case, and he found a lawyer who is willing to take and evaluate the case, but the lawyer wants him to pay $3,000 for an expert review of the facts and medical records.

    Shouldn't that cost be paid by the law firm?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Who Should Pay Records Review Fees for a Medical Malpractice Case

    The question of who pays the cost is one of contract. If the client agrees to pay the fee, then the client can be charged the fee.

    If the client prefers to work with a law firm that will front the cost of the evaluation, the client can look for a different law firm.

    This type of situation is most likely to arise if the lawyer who is approached about the case does not have a lot of experience with medical malpractice litigation, or where the lawyer is experienced but suspects that a review will either result in the conclusion that no malpractice can be proved or that the damages will be very low. Either way, that's something for the client to consider before writing a check.

    If the case is strong and the potential recovery is significant, the client will be able to find another law firm that will pay for the review.

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