Fee in a contingency malpractice suit.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Fee in a contingency malpractice suit.
I retained an attorney for medical malpractice
lawsuit, he’s asking me to pay a 500 fee up
front for medical records, is this a common
occurrence or should I look for another
attorney?
Asked on October 6, 2017 under Malpractice Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Doctors do not need to provide medical records for free--they can charge copying/administrative fees. It is not unreasonable for an attorney to seek payment from his/her client for the cost of obtaining any records. The $500 upfront fee is probably an estimate, with some "padding" or "cushion" built in, of the average or likely cost to acquire the records. It is certainly possible another attorney might charge you less, but again, a charge for these records is not unreasonable. Malpractice cases are expensive: you need records, medical tests, medical expert opinions/tesimony...if you are unable or unwilling to foot upfront costs for the case, you may wish to rethink whether you should bring the case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.