If you were injured during a medical procedure that resulted in lifelong health problems, you may want to talk to a medical malpractice lawyer to see what you can do about this. After hearing your story, the lawyer might decline accepting it. If this happens, don't give up; you should seek a second opinion from another lawyer. Here are some of the common reasons medical malpractice lawyers decline cases so that you can be prepared to overcome them.
Lack Of Time
In some cases, a lawyer may decide not to take a case if he or she already has too many cases to handle. Lawyers can get busy with their cases, and many medical malpractice lawsuits take up to five years before they are settled. This is a lot of time to invest in a case, and the lawyer you speak to might not have enough time to squeeze in another case.
If the first lawyer you talk to turns down your case, you may want to ask for the reason. If a lack of time is the reason, it might be wise to talk to another attorney. There are attorneys that do have time to handle more cases, and another attorney might accept your case after discussing it with you.
Lack Of Evidence
One of the challenges of winning a medical malpractice case is proving that negligence took place, and the best way to prove this is with evidence. To win a medical malpractice lawsuit, you will have to prove that the doctor was negligent during the procedure. The doctor that performed the procedure is not likely to willingly admit this, so it will take producing evidence of this.
The evidence needed to prove negligence might be hard to find. You can request copies of your medical chart, which should contain notes, and you might be able to find witnesses at the clinic or hospital that will testify on your behalf.
The second challenge of medical malpractice is convincing the jury of the negligence. Proving the negligence is one part of the process, but it will also take convincing every juror to believe, without a shadow of a doubt, that the doctor was negligent during the procedure.
Risk Of Loss Or Low Profit
A medical malpractice attorney must work diligently to prepare for a case, and the attorney is not likely to get paid until the settlement is paid. Personal injury attorneys work on contingency fees, which means they earn a commission from the settlements of lawsuits. If they lose a lawsuit, they do not earn any money. If they win, they may win approximately 33% of the total settlement amount.
Because of the way this works, a medical malpractice attorney is likely to decline a case if:
- There is a good chance he or she will not win the case
- The case is not worth a lot of money
If an attorney will spend hours a week for years on a case, he or she must make sure the time spent will be worthwhile. During the time the attorney prepares for the case, he or she will not only invest time into it, but the attorney may also have to invest money in the case. When the case finally settles, the attorney will want to make a certain amount of money. If the case does not seem to be worth this much, the attorney will probably decline it from the start.
Talking to a medical malpractice attorney is the best way to find out what you should do about the case you have. If you would like to schedule an appointment to discuss your case, contact a personal injury law firm today. Visit this page for more information.