When an IV infiltration or extravasation causes a serious injury, patients and their families may be dealing with unexpected medical treatment, surgery, scarring, nerve damage, tissue loss, or even permanent disability. The prospect of paying a lawyer by the hour can make pursuing a medical malpractice claim seem financially impossible.
Fortunately, many Florida medical malpractice lawyers handle IV infiltration and extravasation cases on a contingency fee basis. In general, this means the attorney’s fee depends upon obtaining a financial recovery for the client.
But “no recovery, no fees” does not necessarily answer every question about the financial arrangement. Attorney’s fees and litigation costs are different, and Florida medical malpractice contingency fees are subject to specific rules.
Understanding these issues before hiring a lawyer can help you make an informed decision about pursuing an IV infiltration malpractice claim.
What Is a Contingency Fee?
A contingency fee is an attorney’s fee that is contingent upon the outcome of the case.
Instead of paying the lawyer an hourly rate as the case progresses, the lawyer typically receives an agreed-upon portion of the recovery obtained through a settlement, judgment, or other resolution.
If there is no recovery, the client generally does not owe a contingency attorney’s fee.
Florida's Rules of Professional Conduct require contingency fee agreements to be in writing and to explain how the fee will be calculated, including the applicable percentages and how litigation expenses will be handled.
This arrangement can be particularly important in medical malpractice litigation because these cases can be expensive and time-consuming to investigate and prosecute.
Why Are Contingency Fees Common in Florida IV Infiltration Cases?
A serious IV infiltration case may require substantial legal and medical investigation.
The attorney may need to obtain and analyze:
- Hospital and emergency room records
- Nursing notes
- IV flow sheets and medication administration records
- Photographs of the infiltration or extravasation injury
- Pharmacy records
- Operative reports
- Wound-care records
- Plastic surgery or reconstructive surgery records
- Imaging and diagnostic studies
- Hospital policies and procedures
- Depositions of nurses, physicians, and other healthcare providers
- Testimony from qualified medical experts
Florida medical malpractice cases also have specialized pre-suit requirements that can make them substantially different from ordinary personal injury claims.
A contingency fee arrangement allows an injured patient to retain legal counsel without paying the lawyer an hourly fee throughout this process.
What Does “No Recovery, No Fees” Mean?
In a typical contingency arrangement, the lawyer's attorney’s fee is tied to the recovery.
If the lawyer obtains a settlement or judgment for the client, the attorney receives the agreed-upon contingency fee.
If the case produces no recovery, there generally is no contingency attorney’s fee.
However, consumers should understand an important distinction:
Attorney’s fees and case costs are not necessarily the same thing.
The written contingency fee agreement should explain how both are handled.
Attorney’s Fees vs. Case Costs in an IV Infiltration Lawsuit
Attorney’s fees compensate the lawyer for legal services.
Case costs are expenses incurred in investigating and prosecuting the claim.
In an IV infiltration medical malpractice case, potential costs may include expenses associated with:
- Obtaining medical records
- Medical expert reviews
- Expert witness fees
- Depositions
- Court reporters
- Filing fees
- Service of process
- Medical illustrations or demonstrative evidence
- Trial exhibits
- Medical record organization
- Investigation
- Other litigation expenses
Expert expenses can become particularly significant in a medical malpractice case.
For example, proving that a nurse or other healthcare provider negligently failed to recognize or respond appropriately to an infiltrated IV may require testimony from qualified healthcare experts.
If the infiltration caused compartment syndrome, nerve damage, necrosis, permanent scarring, loss of function, or another serious complication, additional specialists may be necessary to establish causation, prognosis, and future damages.
The contingency fee agreement should explain whether expenses are deducted before or after the attorney’s fee is calculated and how costs are handled if there is no recovery. Florida's contingency-fee rules specifically require the written agreement to address litigation and other expenses and how they affect the recovery.
Are Florida Medical Malpractice Contingency Fees Different?
Yes.
Medical malpractice claims in Florida are subject to special provisions concerning contingency fees.
Article I, Section 26 of the Florida Constitution provides certain rights regarding the percentage of a medical liability recovery that a claimant is entitled to receive, exclusive of reasonable and customary costs. Florida Bar rules also address the implementation of these constitutional provisions and circumstances under which a client may waive those rights.
Because these rules can affect the attorney-client fee arrangement in a Florida medical malpractice case, the lawyer should explain the proposed contingency fee agreement before the client signs it.
Patients should feel comfortable asking:
What percentage will I pay if the case settles? What happens if a lawsuit must be filed? How are costs handled? What happens if we lose? And what will I ultimately receive from a settlement or judgment?
Do I Have to Pay Money Up Front to Investigate an IV Infiltration Case?
That depends on the lawyer and the particular fee agreement.
Many medical malpractice firms investigate potential claims without requiring the prospective client to pay an hourly attorney’s fee.
This can be particularly important because determining whether an IV infiltration injury constitutes medical malpractice often requires more than simply establishing that an infiltration occurred.
An infiltration or extravasation is not automatically malpractice.
The investigation may need to determine:
- Whether the IV was appropriately inserted and monitored.
- Whether nurses recognized warning signs of infiltration or extravasation.
- Whether complaints of burning, swelling, tightness, pain, or numbness were appropriately addressed.
- Whether the infusion should have been stopped sooner.
- Whether the healthcare providers followed applicable policies and protocols.
- Whether an antidote or other treatment should have been administered.
- Whether consultation with another specialist was required.
- Whether a delay in treatment caused or worsened the patient's injury.
This medical investigation is one reason experienced counsel may carefully screen IV infiltration cases before agreeing to undertake representation.
What Types of IV Infiltration Injuries May Justify a Malpractice Claim?
Not every infiltration results in a viable medical malpractice lawsuit.
Cases involving temporary swelling or discomfort that completely resolves may not justify the substantial expense associated with medical malpractice litigation.
Claims become considerably more serious when an infiltration or extravasation causes significant or permanent harm, such as:
- Tissue necrosis
- Compartment syndrome
- Nerve injuries
- Tendon or muscle damage
- Permanent loss of sensation
- Reduced range of motion
- Chronic pain
- Significant scarring or disfigurement
- Skin grafting
- Debridement
- Reconstructive or plastic surgery
- Permanent functional impairment
- Amputation
- Death
The severity and permanence of the injury are often important considerations when evaluating whether an IV infiltration malpractice case can economically justify the cost and complexity of litigation.
Why Can IV Infiltration Malpractice Cases Be Expensive to Prove?
The central question is generally not simply whether the patient experienced an infiltration.
The issue is whether a healthcare provider breached the applicable standard of care and whether that breach caused legally compensable injury.
That can require testimony from multiple experts.
For example, one expert may address nursing standards concerning IV monitoring and recognition of extravasation. Another physician may address the treatment that should have occurred once the injury was discovered. A plastic surgeon, neurologist, orthopedic surgeon, vascular surgeon, wound-care specialist, or other expert may be necessary to explain the patient's resulting injuries and prognosis.
Future damages may also require evidence concerning anticipated medical care, loss of earning capacity, disability, or other losses.
Because the lawyer working on contingency may devote substantial time and resources to a case without any guarantee of recovery, careful case selection is an important part of medical malpractice litigation.
What Happens to the Contingency Fee If the Case Settles?
If an IV infiltration claim results in a settlement, the settlement funds are typically used to address several potential components, depending on the circumstances of the case and the fee agreement.
These may include attorney’s fees, reimbursable litigation costs, medical liens or reimbursement claims, and the client's net recovery.
At the conclusion of a contingency fee matter, Florida's rules require the lawyer to provide the client with a written statement showing the outcome and, when there is a recovery, the amount remitted to the client and how it was calculated.
Before accepting a settlement, a client should therefore understand not merely the gross settlement amount, but the anticipated net recovery after applicable deductions.
What Should You Ask a Florida IV Infiltration Lawyer About Fees?
Before signing a contingency fee agreement, consider asking the lawyer:
- What contingency fee applies to my case?
- Does the percentage change depending upon the stage of the case?
- Who advances the costs of investigating and litigating the claim?
- Am I responsible for costs if there is no recovery?
- Are costs deducted before or after calculating the attorney’s fee?
- How expensive could the expert witnesses be?
- How are medical liens and reimbursement claims handled?
- Will I receive a closing statement explaining all deductions?
- Are there any other circumstances under which I could owe money?
A reputable lawyer should be willing to explain the fee arrangement in understandable terms before asking you to sign the agreement.
Can I Afford to Hire an IV Infiltration Malpractice Lawyer?
For many injured patients, the more important question is whether they can afford not to have an experienced lawyer evaluate a potentially serious injury.
Medical malpractice litigation can involve sophisticated medical issues, expert testimony, extensive records, strict procedural requirements, and aggressive defense by hospitals, healthcare providers, and their insurers.
A contingency fee arrangement can provide access to legal representation without requiring the injured patient to finance hourly attorney’s fees throughout the case.
The specific terms, however, matter.
Before retaining counsel, make sure you understand exactly how attorney’s fees and litigation expenses will be handled.
How a Florida IV Infiltration Attorney Can Help
An attorney evaluating a potential IV infiltration or extravasation claim may investigate questions such as:
- Was the IV properly placed?
- Was the IV site adequately monitored?
- Did nurses document the patient's complaints?
- Were signs of infiltration ignored?
- How long did the infusion continue after symptoms developed?
- What medication or solution infiltrated the surrounding tissue?
- Was the medication a vesicant or irritant?
- Were appropriate treatment protocols followed?
- Was specialist consultation delayed?
- Did the delay increase the severity of the injury?
- What permanent damages resulted?
The answers to these questions can help determine whether negligence occurred and whether the negligence caused the patient's injuries.
Speak With a Florida IV Infiltration Malpractice Lawyer
If you or a family member suffered a serious injury following an IV infiltration or extravasation in a Florida hospital, emergency room, surgical facility, infusion center, or other healthcare setting, you may have questions about whether the injury could have been prevented and whether you can afford to pursue a medical malpractice claim.
A contingency fee arrangement may allow you to pursue a qualifying claim without paying hourly attorney’s fees as the case proceeds.
J.P. Gonzalez-Sirgo, P.A. represents individuals and families in Florida medical malpractice matters, including serious IV infiltration and extravasation injury claims.
Contact J.P. Gonzalez-Sirgo, P.A. for a free and confidential consultation to discuss the circumstances surrounding your IV injury and whether you may have a Florida medical malpractice claim.
No recovery, no attorney’s fees.
The terms of any representation, including responsibility for litigation costs and expenses, are governed by the written fee agreement. Past results do not guarantee or predict a similar outcome in any future case.
Frequently Asked Questions About Contingency Fees in Florida IV Infiltration Cases
Do I have to pay an IV infiltration lawyer upfront?
Many Florida medical malpractice attorneys handle qualifying IV infiltration claims on a contingency fee basis rather than charging hourly attorney’s fees upfront. The specific arrangement should be explained in the written fee agreement.
What happens if my IV infiltration case is unsuccessful?
Under a “no recovery, no attorney’s fee” contingency arrangement, no contingency attorney’s fee is due if there is no financial recovery. Responsibility for litigation costs is a separate issue and should be clearly addressed in the fee contract.
Are case expenses included in the contingency fee?
Not necessarily. Attorney’s fees and litigation costs are different. Medical malpractice cases may involve significant expenses for medical records, depositions, experts, and other litigation needs. Your agreement should explain how these costs are handled.
Why do lawyers use contingency fees for IV infiltration cases?
Contingency fees allow injured patients to obtain legal representation without paying ongoing hourly attorney’s fees. They also place substantial financial risk on the law firm because the lawyer's fee depends upon obtaining a recovery.
How much does a Florida IV infiltration malpractice lawyer charge?
Florida medical malpractice contingency fees are governed by specific constitutional provisions and Florida Bar rules. The precise fee arrangement should be explained to you before you sign a representation agreement.
Is every IV infiltration injury medical malpractice?
No. An infiltration can occur without negligence. A successful medical malpractice claim generally requires evidence that a healthcare provider violated the applicable standard of care and that the violation caused injury. Serious cases often involve allegations of inadequate IV monitoring, failure to recognize symptoms, failure to stop an infusion, or delayed treatment after an extravasation was discovered.
When should I contact a lawyer after an IV infiltration injury?
It is generally advisable to obtain legal advice promptly when an IV infiltration causes a significant injury. Medical records, photographs, witness information, and other evidence may become important, and Florida law imposes deadlines and specialized pre-suit requirements on medical malpractice claims.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
