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
律师采用CF系统(只有成功了才收费)+律师要不浪费成本--律师确保他们只接有substantial merit的医疗case
削弱
A 原文没有给出评价case的标准(无关)
B 涉及meritorious cases的人就会不会因为诉讼费太高而不提起诉讼(他因削弱,可能不是律师不接而是他们自己不提起诉讼)
C 官司结束后的金钱回报在CF体系下是多是少(无关)
D 没有考虑CF支付体系对医疗case以外的lawsuits的影响(明显无关,讨论范围变了)
E 医疗保险的cost(无关)
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