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
因果推理
题目的最终结论是:医疗事故诉讼的数目不会增加,原因是胜诉才能拿钱,律师会拒绝接很多不好打的诉讼。
A 没有细说律师是怎样评估一个case是价值,无关
C 没有注意到不在“胜诉机制”下,律师最后拿到的钱是不是要比“胜诉机制”下拿得多。无关
D 没有考虑在这种机制下非医疗事故诉讼的其他诉讼的数量。无关
E 没有意识到医疗事故保险费用的增长。
B 没有考虑,即便是没有“胜诉机制”,人们也会因为诉讼费用太高,而不愿意提出诉讼。这样就给出了“医疗事故诉讼数目不会增加”的他因,并不是因为律师拒绝得多,而是本来这样的诉讼就少。
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