Legal Question in Medical Malpractice in Missouri

IS it common practice for an attorney to ask for a good deal of money to decide to take on a case? It is medical malpractice aginst a neurosurgeon. Thanks


Asked on 8/21/09, 11:35 am

2 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Depends on the case. Very few lawyers are qualified to handle a malpractice case. If yours is a questionable case, some lawyers might ask for money to defray the expert Review cost, but most would charge a contingent fee and expenses. But the contingent fee is typically higher in medical cases.

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Answered on 8/21/09, 11:47 am
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

In most cases it indicates an underfunded attorney or one who does not believe that he will recover the expenses. In short, he either thinks your case is marginal on the facts (hence he wants you to pay for the expenses) or he does not have sufficient money in terms of working capital to fund the case.

Unless this attorney has handled medical negligence cases successfully, obtained verdicts, litigated the case through to a judgment, etc., I'd be leary. As Spencer said, very few attorneys are competent to take on a medical malpractice action. There are attorneys who will review your case without charging you these fees, you merely need to find one.

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Answered on 8/21/09, 11:58 am


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