When embarking on a medical malpractice lawsuit, it is important to have a clear and concise retainer agreement outlining the terms and conditions of the legal representation. In the state of New York, a sample medical malpractice retainer agreement can provide a helpful template for both attorneys and clients.
The retainer agreement should contain a detailed description of the legal services that will be provided by the attorney, including the scope of representation and the fees that will be charged. It should also include a clear explanation of the client`s responsibilities, such as providing timely and accurate information and cooperating with the attorney throughout the legal process.
In addition to these basic elements, a sample medical malpractice retainer agreement in New York should also address some of the unique aspects of medical malpractice cases. For example, the agreement should explain how medical experts will be selected and compensated, and how the attorney will handle any potential conflicts of interest that may arise.
It is also important for the retainer agreement to address the issue of medical records. Medical records are a crucial aspect of any medical malpractice case, and the retainer agreement should outline how the attorney will obtain and use such records. This may include obtaining signed releases from the client and working with medical providers to obtain copies of relevant records.
Finally, the retainer agreement should include a clear explanation of the potential outcomes of the case, including the possibility of settlement, trial, and appeal. The client should have a clear understanding of the risks and rewards associated with pursuing a medical malpractice lawsuit, and the retainer agreement should provide a realistic assessment of the chances of success.
A sample medical malpractice retainer agreement in New York can provide a helpful starting point for attorneys and clients alike. By addressing the unique issues and complexities of medical malpractice cases, such an agreement can help ensure that both parties have a clear understanding of their rights and responsibilities throughout the legal process.