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Why a Medical Malpractice Attorney Might Turn Down Your Case – A Simple Guide

On Behalf of | Aug 19, 2019 | Firm News

Created: 19 August 2019

Medical malpractice lawyers are very selective about the cases they accept. A medical malpractice attorney is required to consider several important factors in deciding whether to take a medical malpractice lawsuit. First, the medical malpractice law firm must assess whether he or she can prove that your healthcare provider did something wrong that rises to a negligent violation of the standard of care. Not all medical errors are violations of the standard of care, some are, some are not. Often the medical malpractice lawyer will enlist the help of qualified experts in the proper field to help determine whether liability can be proven. Second, the medical malpractice attorney will assess the level of injury and harm that you suffered from the medical negligence. Medical malpractice lawsuits are very expensive to bring to trial, so usually only cases involving significant injuries are pursued to ensure that the costs of litigation do not exceed the damages that could reasonably be awarded to you. A third item that a medical malpractice law firm will evaluate is the level of insurance or financial resources the opposing side has to pay money damages, whether in the form of liability insurance or otherwise. Finally, a fourth consideration is timing relative to the statute of limitations (time deadlines) for taking legal action on medical cases. There are other factors that may be considered, and each case certainly is unique, but the topics discussed above are a general starting list of the initial things a medical malpractice attorney will evaluate in deciding whether to take your medical malpractice case.