In general, seeking legal action in Bulgaria and worldwide is an expensive service, and in this respect, the search for legal responsibility from doctors and medical institutions is no exception. Patients do not enjoy any privileges or retreat, and the cases are held in the general legal order.

The case will not be filed if the plaintiff (in this case the injured patient or his/her heirs, if he/she died) does not pay a state fee of 4% of the amount of the claim.

For example, if the compensation claimed is for BGN 10,000, the state fee is 400 leva. Art. Article 83 of the CCP allows the court to exempt the claimant from a state fee if it considers that the latter has insufficient income to prosecute the case. For this purpose a declaration of income and assets is filled in.

Almost in all cases where a lawsuit on unlawful damages against a doctor / medical institution is brought, the court appoints a forensic medical examination. The fee for such expertise is determined by the court in each particular case and is usually in the range of 150-300 leva per expert. In most cases the expertise is single, but the court may appoint a double or a triple, as the case may be. Sometimes, when the expert's conclusions are controversial, the court may recapitulate an expertise from another expert, the fee for which is the same size.

The Civil Procedure Code allows the plaintiff to bring the case himself. This type of lawsuit, however, is complex and without a well-trained lawyer, it is difficult to achieve success. The fee for a lawyer also depends on the amount of the claim and is negotiated on a case-by-case basis, but can not be less than the minimum legal fees fixed by the ordinance. It is acceptable in practice to negotiate a deferred payment of attorney's fee, as well as the lawsuit against partial payment and a percentage of the amount awarded.

Usually, in such cases, it is advisable to make preliminary private forensic expertise which can be of great help to the good outcome of the case. The expenses for her amount to 150-300 leva per expert.

The costs described here are for one court. If the decision of the first instance court is appealed, lawyer costs are due for a second (eventually third) court instance. The state fee is due only once, regardless of how many instances the case is being handled.

Other costs in the case may be made for photocopying, travel and daily expenses for the lawyer if the case is in another city, etc.

If the plaintiff wins the case, all costs incurred are awarded to the losing party


 

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