Attorneys don’t take every case that comes in the door, not even when it comes to medical malpractice. The myth is that these cases are worth a lot of money, however many of them aren’t worth much at all. Here are some reasons why.
Bad result, but no negligence
Just because you were injured while being treated by a doctor doesn’t mean you have a medical malpractice case. To be successful you need to prove negligence. This means that the healthcare provider fell below the standard of care. For example, if your doctor prescribed a medication and you had a severe allergic reaction, you may not have a case. Unless the doctor knew, or should have known, about your allergy, then they weren’t negligent and there probably isn’t any liability on their part. The same is true for side effects of a surgery, medication or other treatment. A bad side effect, even if it causes injury, isn’t necessarily negligence. This is generally true regardless of whether the doctor warned you about the particular side effect you experienced.
No significant and permanent injury
Take the same example above. Let’s say the doctor knew you were allergic, and it was written in your chart, but they gave you the medication anyway. If you have a severe reaction but later recover, you’ll have a hard time finding an attorney to take your case. Even if your reaction to the medication was life threatening, if it didn’t cause any permanent damage you probably shouldn’t waste your time suing. Medical malpractice cases are expensive for attorneys to pursue – they pay all the costs upfront, including fees for medical experts. So unless you have a significant and permanent injury, an attorney may turn down your case, even if the negligence is clear.
An elderly victim
Same example. Let’s say an 85-year-old man was suffering from an aggressive form of cancer. While in the hospital, the doctor prescribes a medicine despite a known and documented allergy. If the man dies as a result, many attorneys would turn down the case based on his age. Even though there was negligence, and the outcome was obviously permanent, you would have a hard time recovering much in damages. This is because the value of the case is low – you have an elderly man with a poor quality of life due to his serious illness. It’s sad and unfair, but it’s a reality in medical malpractice.
A lot goes into determining whether you have a medical malpractice case worth pursuing. You may not have a case, but don’t make an assumption. An experienced medical malpractice attorney is in the best position help you make such an important decision.
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