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What is the maximum contingency fee in a medical malpractice case?

Dallas, TX |

Doctor had license revoked due to drug/alcohol abuse. Kill a client, injured 3 others and maybe more performing unnecessary back surgeries.

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Attorney answers 5


Contingency fees vary by attorney. For example, my top-rated firm in PA & NJ only deducts a 29% fee. You can search lawyer profiles in your state for a top-rated firm with a reasonable fee.


In Texas medical malpractice cases run on a contingency of 45-50%. If you hear numbers from out of state lawyers.... Keep in mind that those states probably don't cap pain suffering etc to 250k. Additionally, if this is a wrongful death you are capped at 500k.

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.

Joseph Jonathan Brophy

Joseph Jonathan Brophy


What fees lawyers charge in malpractice cases in other states are irrelevant. In TX the laws are so anti-plaintiff that many lawyers have stopped handling malpractice cases at all. The ones who are still handling them need to charge higher fees than in other states.


You would be smart to get a good local Avvo lawyer with a low contingency fee


I have seen lawyers charge any where from 25%-50%. Most attorneys work on contingency fees of 33% to 40%. If the case is not referred by another attorney, I usually will reduce my fees, especially when it involves a minor, or birth injury case. Some States have caps on attorney fees. In Illinois in malpractice cases it is on a sliding scale. In TN fees are capped at 33%. You need to hire whomever you feel comfortable with, and see if they will work with you on the fee agreement.


Because of tort reform in Texas-and particularly when dealing with health care violations, contingencies are generally 45-50 percent.
The percentage has increased because of higher expenses, which generally involve higher fees and expenses for experts.
The facts you describe arre very egregious.
Not only the Doctor, but also the Hospital, that kept the Doctor on staff, may be responsible for the injuries suffered.

My answering this question does not mean that I am your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. It is recommended that you speak to an attorney in detail regarding your case. I am licensed to practice law in several states including New York, Florida and Colorado. The laws of your jurisdiction may differ. Please remember that legal proceedings involve deadlines and statutory time limiting statutes. Our firm generally offers free case evaluation. 1-800-813-5890 or 1-713-222-6464, or visit us on the web at

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