The contingency-fee system, which allows lawyers and their clients to agree that the lawyer will be paid only in the event of success, does not increase the number of medical malpractice lawsuits brought against doctors. As attorneys must cover the costs for their time and research,  they want to be assured that any medical malpractice case they accept on a contingency-fee basis has substantial merit. Consequently, attorneys turn away many people who come to see them, for lack of a good case.

The argument above is most vulnerable to criticism on the grounds that it fails to


specify the criteria attorneys use to judge the merits of a medical malpractice case

consider whether, in the absence of a contingency-fee option, even people with meritorious cases are much less likely to initiate litigation if they believe they might incur large legal fees

note whether, in successful medical malpractice lawsuits, the average monetary award after legal costs have been deducted is less under contingency-fee arrangements than otherwise

consider the effect of the contingency-fee system on the number of lawsuits sought for reasons other than medical malpractice

acknowledge the rising cost of medical malpractice insurance

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