If you're reading this section of our website, you may believe you've been a victim of medical negligence. To learn about your legal rights and options, contact us online or call us to schedule a free consultation.

When you consider meeting with a Delaware medical malpractice lawyer, it's important for you to have realistic expectations. With this in mind, here are some of the things a lawyer thinks about as he evaluates the merits of your case.

The odds of winning are in favor of the doctor
A recent survey released by the Delaware Superior Court shows that 82% of the medical malpractice cases that went to trial resulted in jury verdicts in favor of the doctors or hospitals. Only 12% of the injured plaintiffs won their cases.

With respect to the cases that were decided in the plaintiff's favor, only 4% of these cases resulted in jury verdicts greater than $1 million. The other 96% of these cases had jury verdicts under $500,000.

These numbers tell us that it's difficult to win a medical malpractice case, and when you do win, chances are the amount you recover will be less than $500,000.

The economics of a medical malpractice case
Medical malpractice cases are taken on a contingency fee basis. If the case doesn't result in a settlement or a jury verdict in your favor, the lawyer doesn't get paid a fee despite having worked hard on your case for 2 or more years. Contingency fees also apply to other personal injury cases, but there's more to consider in a medical malpractice case.

The cost of bringing a medical malpractice case to trial is much greater than other personal injury cases. It's not unusual for the lawyer to spend between $50,000 and $100,000, and so the lawyer must believe strongly that your case will result in a favorable jury verdict. It's one thing to handle a case on a contingency fee basis, but it's another thing for a lawyer to invest this much of his own funds on a client's behalf.

The poor chance of winning, handling the case on a contingency fee basis, and significant out of pocket costs all combine to make the lawyer careful about taking on a medical malpractice case.

But there's more
We mentioned above that lawyers work on a contingency fee basis when it comes to medical malpractice cases. The usual contingency fee for a personal injury case is one-third of what's recovered. Unfortunately, the General Assembly has enacted a law intended to deter lawyers from taking on medical malpractice cases.

Under this law, if the case results in a jury verdict in the client's favor, the lawyer will not receive his usual contingency fee of one third. Instead, the amount of the fee is determined by the statute. Here's an example. If the fee were based on a one-third contingency, and the case results in a jury verdict of $1 million, the lawyer's fee would be $333,000. Under the statute, however, if the jury awards $1 million, the attorney's fee would only be $140,000.

Keeping in mind the odds against winning a medical malpractice jury trial, the investment of between $50,000 and $100,000 in costs, the fact that receiving a fee is contingent on winning, and the limitations placed on attorney's fees, it's no wonder lawyers must be selective in deciding what cases to take.