Is There a Conflict? Md. Hospitals Offer Injured Patients a List of Reduced-Fee Med-Mal Lawyers
The corporate parents of about two dozen hospitals in Maryland compile lists of medical malpractice lawyers willing to sue them and hand them out to injured patients.
The doctors on the lists are willing to handle med-mal cases for a reduced contingency fee, often with the expectation of quick settlements, the Baltimore Sun reports. In Maryland, the story says, the referral lists are “an accepted—if little known—practice.”
Hospitals defend the lists as a way to help injured patients get quick resolution of their claims. Participating lawyers agree.
“The patient wins,” lawyer Brian Nash told the Sun. “The patient should get the maximum recovery and our fee should be based on the amount of time, effort and risk.” He was able to get on a referral list by agreeing to reduce his contingency fee to 10 or 15 percent of the recovery from the usual 40 percent.
But Baltimore County personal injury lawyer Jay Miller tells the Sun that participating lawyers may be reluctant to push for the patients because they want to keep referrals coming. “I mean, how could a hospital essentially say to a patient, ‘Go to a lawyer we recommend and they’ll give you a discount’? That reeks of a conflict,” he said.
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