Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.
My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?
A: If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.
A: You're talking about an Affidavit of Merit. That's going to involve a review of the file. It may not end there. If you go to trial, that could also involve retaining medical experts, which don't come cheap. Med mal firms often front such costs and take them off the gross award at the conclusion of the case. If you're an attorney, you may be doing your client a disservice in seeking instructions on public forums on how to proceed with a med mal case. If it's a matter of not wanting to relinquish a case that you may not funds to support, instead of viewing the client as a source of funding, you could look into the option of working in conjunction with a larger firm for which these expenses might be more readily absorbed in the cost of litigation. Good luck
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