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Investigation – Contingency Fee
Maryland Medical Malpractice Attorney’s Investigation of the Medical Malpractice
After your free consultation, then it is time to start investigating your Maryland medical malpractice case. The next phase in the process is to sign the documents needed for the investigation, including the contingency fee attorney agreement.
Engagement Documents: Contingency Fee Attorney Agreement and Medical Records Authorization
To begin the investigation of your case, we will send you the needed documents.
Contingency Fee Attorney Agreement
One of the most common questions callers have for the Maryland medical malpractice attorney is how the legal fee works. Hiring a law firm involves signing a retainer agreement. In most legal practice areas, the retainer agreement specifies the up-front deposit that the client has to make and the hourly or flat fee charge for the lawyer’s services.
However, the retainer agreement will be a contingency fee attorney agreement for your medical malpractice claim. Maryland Rule expressly provides for this agreement. The contingency fee states that you give no up-front money and make no payments during the case. You only pay a fee after we obtain money for you. We advance all expenses of the case and are only reimbursed when we get money for you.
As a result, under the contingency fee attorney agreement, there is no financial risk to you. You are not at risk of paying anything out of pocket without receiving money on the case. If we cannot get you money, you do not owe any money to us.
At the beginning of every investigation, we analyze the potential liability of the doctor and the potential damages. We only go forward with your case if we believe that at the end of the case, we will be able to get you a monetary recovery that satisfies you. Consequently, we take the financial risk. Although there are no guarantees, in most cases, we can get the client compensation that the client is pleased with.
Medical Records Authorization
Along with the Contingency Fee Attorney Agreement is the Medical Records Authorization. Getting your medical records is one of the most critical early phases in the case investigation.
Patient privacy laws require a signed authorization for the doctor or hospital to release the records. We will send you the authorization form to sign, along with the contingency fee attorney agreement. There may multiple medical records authorizations because some hospital systems have their own forms. We advance the costs of the medical records as part of the case expenses.
The Kopec Law Firm can often send these documents to you immediately by email or other digital means. We also can mail them to you if that is your preference.
Please let us know if you already have some or all of your medical records. Then we can start our review with what you have. You can provide them to us electronically or in paper form.
Keep in mind that getting medical records can be a challenge. Doctors and hospitals often delay in responding to requests. They sometimes will not provide them until there is one or more follow-ups to the initial request. In addition, some doctors and hospitals do not supply all of the records in response to a request. A Maryland medical malpractice attorney can spot missing records and follow up to ensure that a complete set is received.
When there are multiple doctors and hospitals, the process is more complex. Organizing and tracking all of the medical record requests are critical.
Suppose another lawyer has reviewed your medical records and declined your case. In that instance, we will assess them and give you a second opinion.
Capacity
There is an additional issue that we have to address in certain cases. It relates to who can bring a case on behalf of someone else, and Rule 2-202(b) provides the answer. If a child is on the sole custody of one parent, that parent has the exclusive right to bring a case on behalf of the child for one year following the accrual of the action. If the custodial parent fails to assert the case, any person interested in the minor shall have the right to institute suit upon mailing notice to the custodial parent.
Signing the Contingency fee Attorney Agreement and Medical Records Authorization
To start this process for your case now, visit the free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore medical malpractice lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C. Afterward, we will get you the Contingency Fee Attorney Agreement and the Medical Records Authorization and begin to investigate your case.
Next Phase
Read about The Kopec Law Firm’s review and analysis of your medical records.
You can also explore the Additional Resources for your Maryland medical malpractice case or read the overview of the process of your case.