The need for contingency fees in medical malpractice cases
The ABA prepared a report on the benefits of contingency attorney fees. In a 66 page report, it concluded that
Limitations on attorney contingency fees risks locking the little guy out of court. “Without the prospect of reasonable fees, competent counsel would be unwilling to assume the high cost burden associated with typically complex medical malpractice actions.”
Also, “The right of people who have suffered injury as a result of medical
malpractice to seek redress for their injuries in the courts must be
ensured. A fair and reasonable contingent fee is essential to preserve
The report also noted that only a small percentage of true medical malpractice events ever becomes the subject of a claim. Most doctors have only a small exposure to medical malpractice claims.