A medical malpractice attorney’s refusal to accept a case does not necessarily mean that no medical malpractice occurred.
Attorneys decline most potential malpractice cases for a variety of reasons. Understanding what attorneys look for can help families better understand a rejection and decide what to do next.
Often, the most difficult issue to prove is causation. It is not enough to show that a provider made a mistake. The evidence must show that the mistake substantially contributed to the injury or death.
For example, a delayed cancer diagnosis may reflect negligence. But if medical experts conclude that earlier diagnosis probably would not have changed the patient’s treatment or outcome, a successful lawsuit may be difficult.
Qualified medical experts charge from $500 to $1,000 dollars per hour. A complicated case may require several experts and cost tens of thousands of dollars before trial. If the case is unsuccessful, the law firm receives no fee and loses the funds it spent pursuing the claim.
For this reason, attorneys must consider not only whether malpractice occurred, but also whether the likely recovery justifies the cost and risks of the lawsuit.
This can be one of the hardest explanations for a patient or family to hear.
A medical mistake may have caused real pain, additional treatment, lost time, or emotional suffering. Nevertheless, the potential financial damages may be too limited to support the risks associated with an expensive lawsuit.
Attorneys are more likely to accept cases involving death, permanent disability, loss of income, major additional medical expenses, or long-term care. A mistake that caused a temporary injury may be genuine malpractice but may be financially impractical to pursue.
This does not mean the harm was unimportant. It means the legal system makes many valid claims too costly to bring.
Hospitals frequently treat people who are already seriously ill. Preexisting disease, age, infection, medication risks, and other medical conditions may have contributed to the outcome.
The defense may argue that the injury resulted from the patient’s underlying condition rather than the provider’s conduct. If an attorney believes causation would be extremely difficult to prove, the firm may decline the case even when aspects of the care appear questionable.
Every state limits the time available to file a medical malpractice lawsuit. These deadlines can depend on when the injury occurred, when it was discovered, and other circumstances.
Because these rules are complicated families should consult a qualified attorney promptly.
Law firms differ in their financial resources, medical expertise, and willingness to accept risk. One firm’s rejection does not necessarily mean another firm will also reject the case.
If time permits, seeking opinions from two or three experienced plaintiff medical malpractice attorneys may be reasonable.
Above all, a rejection should not be interpreted as proof that nothing wrong happened. It often means that the attorney does not believe the case can be proven successfully and pursued economically under the realities of the legal system.
