Massachusetts medical malpractice cases are taken on a contingency fee basis. What that means is that your attorney(s) will take a percentage of any settlement or verdict amount that is recovered in your case. In Massachusetts, there are caps on the amount of these contingency fees in medical malpractice cases. They are the following: 40% of the first $150,000.00 recovered, 33% of the next $150,000.00, 30% of the next $200,000.00, and 25% of any recovery greater than $500,000.00.