Some of the reasons why an attorney will not take a medical malpractice case include the following:
- There is no credible expert to show that malpractice caused your injury, or that there was malpractice at all. Expert evidence is key to proving a malpractice case.
- It is too expensive to bring the case to trial. If expenses to prove a case far exceed the amount your attorney expects to recover for you, it is unwise to go forward. Medical experts are expensive and so are investigations. Without strong expert evidence in your favor, you are unlikely to get a settlement and will have to incur further costs to go to trial. It may not be financially wise to pursue a case, even though there is a strong case for malpractice after examining the economics of the case. A client could win a case, but be left with a large financial burden from the costs of bringing the case to trial.
- The injury is not severe enough. Serious injuries with long-term consequences, such as birth injuries, or injuries that result in permanent disability or death, are more likely to result in larger awards.
If you believe you have a medical malpractice case, you should reach out to an attorney as soon as possible after your injury. The attorney will examine the facts of your situation and talk to you about what occurred. Do not hesitate to contact an attorney since you only have a limited amount of time to bring your case under the statute of limitations.
Dr. Michael M. Wilson is an attorney and a physician who earned his undergraduate degree from the Massachusetts Institute of Technology and his legal and medical degrees from Georgetown University. He has focused in the area of medical malpractice for more than three decades and secured more than $100 million in settlements and verdicts on behalf of clients throughout the country. He is admitted to practice in the District of Columbia and New York as well as the U.S. Court of Appeals for the District of Columbia and the U.S. Supreme Court. He is listed in America’s Top 100 High Stakes Litigators.