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  1. #1
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Exclamation Fees for obtaining medical records and expert witnesses.

    I have a potential malpractice case involving the death of my husband in the emergency room. The attorney that took th ecase on a contingency basis, told me that ALL expenses were covered and even if they decide not to pursue the case, they would eat the costs. They have decided not to move forward...they have sent me the medical records. However the attorney for the estate just advised me that "The cost of getting the records and the expert witness will be administration expenses." What is the deal here, and what is the best way of handling this without too much drama.

    Thanks for any help with this...

    Ms J

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fees for obtaining medical records and expert witnesses.

    It sounds like the attorney is going to bill the estate for the costs (out-of-pocket expenses) associated with the case. Did the estate enter into a retainer agreement with the lawyer? What does it say about these expenses?

  3. #3
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Exclamation Re: Fees for obtaining medical records and expert witnesses.

    Thank you for your reply...No the agreement was with myself only. I made a point of asking the attorney several times about these costs before signing on with them. The attorney for the estate was not even involved with the case...I just received this message via email. How do I go about handling this, when the attorney told me at the onset "it won't cost anything to look into it" and "if we don't move forward we will absorb all expenses incurred".

    Geez...is there no integrity left? Even when someone's spouse dies...

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fees for obtaining medical records and expert witnesses.

    A place to start might be to remind him of his promise that you wouldn't have to pay these costs.

  5. #5
    Join Date
    May 2006
    Posts
    7

    Default Re: Fees for obtaining medical records and expert witnesses.

    You should have signed a attorney client agreement, which should have clearly related the terms of payment for the attorney. You should have gotten a copy of this and could review this for support of your claim. You should contact both your attorney and the attorney representing the estate and tell them your issue, and see what they have to say. Normally the attorney for a civil suit eats the cost of litigation if the case does not go to court of if they lose.

  6. #6
    Join Date
    Jun 2006
    Posts
    7

    Default Re: Fees for obtaining medical records and expert witnesses.

    Since you have the medical records are you seeking another legal/medical opinion. You know own the records. Most firms will not charge to review the case for merit. Aside from the first bad experience, you may proceed with an alternate case review.

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