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In a Med Mal, can I get the doctor's insurance company to pay for my legal/lawyer fees?

Fort Worth, TX |
Attorney answers 7


Generally not; however, medical malpractice lawyers tend to take on cases for a percentage of the recovery, so that you do not need to spend money out of pocket.

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You want to sue a doctor and have him pay, through his insurance company? No. Medical malpractice claims present many challenges. Consult with a medical malpractice attorney. If the case merits pursuit, the attorney will take the case for a percentage paid in the end. Most states, especially yours, have bent over to pressure from insurance companies and others and imposed procedural and substantive barriers to medical malpractice claims in the name of "tort reform" or "reigning in trial attorneys". This is what we get. Here is a basic summary on medical malpractice: BLUE LINK BELOW

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


Not likely.


No. But your lawyer will be paid on a contingency basis. Meaning they get a percentage of the settlement or jury verdict. You will pay them more on a contingency, but you are not responsible for the significant costs to get to a settlement (excess of $30 to 50k). Consult with a local avvo lawyer today.

Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


If you are considering investigating a claim, don't let this question hold you up. Attorneys that do this work do not expect you or anyone else to pay their hourly fees. Your attorney will take a percentage of your successful recovery if one is obtained. So just go out and find an experienced medical malpractice attorney in Fort Worth or Dallas.

On the other hand, if you are asking this question because you are currently in a lawsuit (with legal representation) and you are wondering why you still may be obligated to pay your attorney a percentage...then the answer is (1) yes, you are obligated because a contract was likely signed by you and the fee was a key provision therein; and (2) the recovery of attorney fees is not legally permitted as part of a plaintiff's damage model in a negligence lawsuit in Texas. In contrast, it IS INDEED possible to get attorney fees when you are suing over breach of a contract (like a dispute between businesses). But not for injured citizens.


That would certainly be something of a miracle

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