Study Finds That Poorer Individuals Are Less Likely To Sue Doctors For Medical Malpractice

A new study published this week in Clinical Orthopaedics and Related Research found that poor people are less likely to sue than wealthier people because they do not have access to legal resources or the money to initiate a medical malpractice claim. The study also found that doctors are actually less willing to treat poorer patients out of fear they will not be compensated for their services.

But this shouldn’t be! First, for obvious reasons, there is NEVER any room for discrimination in this world. Period. But the fact of the matter is, unfortunately, it does exist.

Now, related to the law, you are able to get FREE case evaluations from medical malpractice attorneys. Particularly law firms EXPERIENCED in malpractice litigation will NEVER ask their clients to pay for the expenses of their case up front. Essentially, this is the cost of doing business as a medical malpractice attorney. So if you go in for a consultation and the attorney tries to charge you, RUN. If your case is not yet resolved and your attorney is asking for money, RUN.

The way these cases work at that the attorney will take a percentage of your recovery. This is what is called a “contingency fee” and it is common in most cases except for domestic relations, criminal, and simple paperwork cases (like real estate closings, wills, powers of attorney, etc). For simplicity’s sake, we’ll just say it is 33-percent but technically, in medical malpractice cases, there is a special sliding scale which fluctuates above and below 33-percent depending on how much money is recovered.

But note, sometimes in medical malpractice cases—and other cases where it is uncommon for there to be set, hourly fee—there can still be that fee; there is no rule against that! Particularly in medical malpractice defense cases there is an hourly rate applied.

So bottom line, be CAREFUL and wary of ANY medical malpractice attorney seeking money up front or even before your case is completed. That is the sign of an inexperienced, needy, or even a conniving attorney. Granted, SOMETIMES there may be a necessary need to have some fees paid before the end of the case but that is extraordinarily rare!

But what do you think? I’d love to hear from you. I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.