gmatt1476
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
A. specify the criteria attorneys use to judge the merits of a medical malpractice case
B. 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
C. 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
D. consider the effect of the contingency-fee system on the number of lawsuits sought for reasons other than medical malpractice
E. acknowledge the rising cost of medical malpractice insurance
CR15380.01
Since attorneys must cover the costs for their time and research, they accept only substantial merit cases.
So, attorneys turn away many people who come to see them, for lack of a good case.
Conclusion: The contingency-fee system does not increase the number of medical malpractice lawsuits brought against doctors.
The argument seems ok, right? Attorneys will take only meritorious cases to increase their chances of making money. But we need to find a criticism of the argument. That is, we need to show that the availability of the option could increase the number of lawsuits.
A. specify the criteria attorneys use to judge the merits of a medical malpractice case
We are only concerned about the number of lawsuits. Whether they are meritorious or not is irrelevant.
B. 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
This info impacts the number of lawsuits. It tells us that people are more likely to pursue legal route because of contingency-fee option.
So say 100 people initiate litigation in the absence of a contingency-fee option.
But say 200 people initiate litigation due to the availability of the contingency-fee option (people don't have to pay anything to lawyers if they don't win so anyone and everyone could be trying to litigate). Even if lawyers reject 50 of them, still there are 150 litigations against doctors in this case. So the number is higher.
This is the answer.
C. 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
The comparison of the fee under contingency-fee option and the fee without contingency-fee option is irrelevant. We are concerned about the number of cases when it is available and when it is not. It depends on how many people want to litigate and how many are accepted. For the people not opting for contingency-fee option, all may be accepted (after all, the lawyer will get paid either way). Of the people opting for contingency-fee option, some may be turned away because they don't have strong cases. So it seems that the contingency-fee option reduces the overall number of lawsuits. We can't show that the option could increase the number of lawsuits.
D. consider the effect of the contingency-fee system on the number of lawsuits sought for reasons other than medical malpractice
Anything other than medical malpractice is irrelevant to our argument.
E. acknowledge the rising cost of medical malpractice insurance
Irrelevant.
Answer (B)