Finance 

Trial Lawyers: Financing to Win Medical Malpractice Cases

In this blog, we feature insights about how top trial lawyers are succeeding in fighting medical malpractice cases against large corporations and hospitals.

Medical malpractice, wrongful death, and catastrophic injury cases are among the most financially demanding in contingency fee litigation. These cases not only require expert testimony and deep medical analysis—they also span long timelines and often pit plaintiffs firms against corporate defendants with seemingly unlimited resources.

Watch the video above to hear from leading trial lawyers.

The Financial Stakes in Medical Malpractice Cases

“Medical malpractice cases, by their very nature, are very expensive to prosecute,” says Michael Duffy, managing partner at Duffy & Duffy. “Between the retaining of medical records, the analysis of medical records, the engagement of medical experts—in many instances, many different medical experts—the cases are exponentially more expensive to prosecute than might be an automobile accident.”

These costs compound as cases extend over months or even years. Craig Tuttle, attorney at Leeseberg Tuttle, adds: “Because of the strategy that a lot of hospitals and insurance companies employ, which is to delay these cases as long as possible, that puts financial strains on us and our clients.”

In one case, Craig’s team faced 42 defense experts — each requiring reports, depositions, and cross-examination. “We were up against three different sets of defense lawyers, all of whom hired tons of experts,” notes Craig.

The financial burden was massive. And as Craig warns, “When justice becomes too expensive, justice is going to be denied.”

Fighting Financial Firepower with Capital Strategies

Plaintiffs trial lawyers rarely match their opponents dollar for dollar. As Scott Perlmuter of Tittle & Perlmuter puts it, “The opposition is a massive international insurance company or a huge hospital system that has unlimited resources.”

Having access to reliable capital empowers contingency fee law firms to take on more complex cases — and fight them fully. “It’s been night and day for us, the change in terms of our ability to fight those cases because of our relationship with Esquire Bank,” Scott notes.

To stay competitive, many contingency fee law firms are turning to financing strategies that free up capital for case investment. For Craig, a case line of credit made it possible to go toe-to-toe with deep-pocketed defendants: “We’ve been able to better utilize the case line of credit that will allow us to spend the money that we need and that we want to spend on our client’s case to battle against those large corporations on the other side.”

 “The biggest impact Esquire Bank has made for us is our ability to invest in our cases without fear of our resources limiting that investment in our particular area of expertise,” says Michael. “There is a lot of investment in our cases in order to succeed. Esquire Bank lets us succeed.”

Smart Capital, Stronger Advocacy

For plaintiffs law firms handling medical malpractice and catastrophic injury cases, the takeaway is clear: securing capital is no longer optional — it’s strategic. With the right banking partner, law firms can commit fully to winning their cases, competing at the highest level, and serving more clients without compromise. A banking partner that understands the contingency fee business isn’t just helpful—it’s transformational.

Meet with Esquire Bank

Discover how to fuel more case wins and scale your law firm’s growth by choosing the right banking partner. Esquire Bank is purpose-built for contingency fee law firms.

Learn how your law firm can finance its case costs and free up capital to invest in talent, marketing, technology, operations, case acquisition, and growth.

Schedule a consultation with an Esquire Bank law firm banking expert at a time convenient to your schedule.

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* The information provided on (or accessed through) this blog is for general informational purposes only and is not intended as, and should not be relied on for, law firm operations, tax, legal or accounting advice. Some of the information may not be applicable or appropriate for all law firms. Please consult your own tax, legal and accounting advisors as appropriate. Results may vary by law firm.

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