A medical malpractice attorney is paid on a contingency fee basis, which means that your lawyer is entitled to collect a certain predetermined percentage of your total settlement or jury award. If you don’t receive compensation, then you aren’t responsible for paying the legal fees associated with your case. Because medical malpractice cases are expensive to litigate, most personal injury lawyers won’t agree to take such a case unless there is a clear and defined instance (or instances) of malpractice that has occurred.