Why a Lawyer Won't Take Your Medical Malpractice Case
Medical malpractice cases are often complex and difficult to prove. Even in situations, where the victim feels that there was blatant medical negligence that does not guarantee the success of lawsuit. In fact, most medical malpractice cases don’t work out in the alleged victim’s favor. Why? Medical professional liability insurers fight tooth and nails in these types of cases. They spend a substantial amount of money to investigate and defend these claims.
So do you feel like you have a good medical malpractice case, but it’s hard to find a good personal injury lawyer who is willing to represent you? Here are five reasons why a malpractice lawyer won’t take your case.
- First off, malpractice lawyers are extremely selective in the cases that they take or even agree to evaluate. Forming a solid malpractice case requires upfront costs that can be very expensive. Money needs to be spent to hire qualified medical experts to help analyze medical records, and the firm may also have to staff a host of other attorneys to assist in the case. So the substantial costs associated with medical malpractice cases is one of the biggest reasons that a lawyer may refuse to take on your case.
- In the state of California medical malpractice claims have a statute of limitations. Claims or lawsuits have to be filed within one year of the date of the negligence or one year after the date of discovery of the negligence. So if you are making an allegation or trying to file a claim that’s not within the statute of limitations no medical malpractice lawyer will take your case. Even if there’s evidence of negligence because you failed to file a claim within the statute of limitations you will not have a case. Even a strong case won’t be eligible for review if the limitations are running out.
- Also, an attorney has to be able to profit off of the case, so that they can compensate participating attorneys and also for their own personal benefit. In medical malpractice cases there is a limit to how much the victim can receive. In most policies, damages that include pain and suffering is capped at $250,000 and contingency fees also have a small percentage. So if the attorney feels that they won’t be able to bring in substantial or decent income from your case then they will not take your case.
- Of course, there has to be valid proof that there was medical negligence. Despite injuries, if it can’t be proved that there was an error in the medical care provided then it’s impossible to prove a case. Also, if injuries were sustained during treatment because of a complication that the patient was aware of, this does not constitute medical negligence.
- If it can’t be proved that the wrongdoing is what caused a specific injury then a malpractice lawyer will not be interested in considering your case. A lot of times, it’s easy to prove that there was injury, but it’s harder to show that it was a medical professional’s error in which caused that injury.