How to Pick a Lawyer or Law Firm in a Medical Malpractice Case

Many tragic events happen in the treatment of patients by physicians, hospitals, and nursing homes. Not all of them are the result of negligence or fault of anyone. "Acts of God," poor physical health, dangerous but necessary experimental treatment, or complicated surgical procedures are often necessary to improve the condition or save the life of patients.

Nevertheless, the law in the field of medical malpractice favors the medical profession due to the uncertainty of results that may or may not be obtained. Medical malpractice cases are very expensive and time consuming to prosecute. The cases are usually taken on a contingent fee basis (attorneys normally get 33 1/3% of the total gross recovery) due to the inability of most injured parties to afford attorney's fees based on an hourly rate or flat fee.

Expert witnesses are necessary in all but a few malpractice cases and are very expensive. Health plans all have a subrogation (pay back) clause requiring that medical expenses be reimbursed to either the private or government healthcare provider.

In Tennessee, the amount of damages that can be obtained for pain and suffering have been limited by statutory legislation passed by the Tennessee General Assembly.

As a result these restrictions and limitations, most law firms have stopped taking medical malpractice cases. Instead, they refer them to the limited number of qualified law firms that are able to devote the funds, time, and resources to pursue a medical malpractice legal action. Summers, Rufolo and Rodgers is one of those firms, and we will be happy to speak with you about your potential case.