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
果:CF制度不会增加医疗事故的诉讼案数量;
因:律师拒绝了大部分不好的案子;
他因削弱,不是律师的问题,其实是很多人因为诉讼费太高最后没有发起。C说在成功案子中律师的在cf制度下的平均收益比其他制度下的平均收益要低,这也可以归结为律师认为的“不好的案子”,即还是由于律师的原因导致的案件数量未增加。
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