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Why do some Medical Malpractice Lawyers ask for your records first, before they take your case?

Rapid City, SD |

I have visited with several Lawyers about my case . The hospital is not fighting the Malpractice part . There are some other findings they are . This hospital has offered a settlement , so this should be enough for a Lawyer to go on , why do i need to supply more info for them and sign with them allowing them to collect 45 - 50 e of my case . I would think once a settlement has been offered they should be willing to pursue the rest of the records or info needed to finish the job thats comes with there part of the job doesn't it ?

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Attorney answers 5


It is not possible to evaluate the merits of any medical case without first reviewing all of the pertinent records. Many lawyers will have you hire them and sign a release so they can obtain your medical records on their own. Good luck.


The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

Only 29% Contingency Fee! Phone: 215-510-6755


A good lawyer won't trust ANYONE about the facts of a case . . . even the client. No good lawyer would advise you on such an important matter as a medical malpractice case that requires expert physician evidence and can involve strict deadlines and potential legal malpractice without consulting the hospital and physician records that the case is based on.

And you are talking about a case a lawyer would take on a "contingent" fee, that is, not collecting any money unless the case is settled. No attorney would invest time in such a case without a guarantee in writing that he/she will get paid.

I understand your concern about signing over such a large chunk of your valuable case to a lawyer without knowing if it will help. I suggest contacting the most reputable lawyer you can find in your area. In some states, medical malpractice is very lucrative (not usually Texas!) so almost any lawyer will take the case and say, "yeah, they're offering $$$? Well OF COURSE I do medical malpractice!"

You want a lawyer with serious ammo (plenty of experience, documented expertise such as teaching attorney continuing ed courses or special certification) for a case like that. Then put it in the lawyer's hands and trust them to do the right thing. If you don't trust the lawyer you hire, then you're never going to be satisfied.

Joseph Jonathan Brophy

Joseph Jonathan Brophy


My Tysinger's answer is right on target. If the hospital is conceding malpractice and offering to settle, that does not mean you have won the case. The hospital and its insurance company are almost certainly going to lowball you if you don't have a lawyer. I don't know where you got the idea that a lawyer will charge you 45-50% of the recovery for a case that is likely to settle in claim. Talk to some lawyers and you will most likely get a better deal than that. If you have a good lawyer and follow that lawyer's advice, you will almost certainly end up money ahead.


I cannot tell you why other malpractice attorneys ask for records but I can tell you why I often ask a client to bring in records. I stamp records the client collects from the healthcare entity in a certain way because clients often receive an incomplete set of records and I want to prove that to a jury. I then stamp records we receive pre-litigation to show we received different records which are different than the clients and often different than those receive after filing a lawsuit. I also want to see what is contained in the records before we invest a great deal of time and money pursuing a medical malpractice claim. Sometimes records are wrong and we can prove they are false while other times we determine that we cannot prove that the records were wrong. I also want my client to know what is contained in the records so that there are no surprises should we proceed to litigation.


Getting a good settlement is not as easy as you think. Much more to it. Get a good injury lawyer to help you if you want top dollar. No shortcuts here.

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