Why a Medical Malpractice Lawyer Won't Take Your CaseAuthor: Portner & Shure
Medical malpractice encompasses a variety of cases from birth injuries to prescription error to wrongful death. Some lawsuits are relatively straightforward such as a surgical negligence claim where a surgeon operated on the wrong limb, but others are not so cut and dry. That’s when personal injury lawyers must do their research and determine the chances of winning your settlement, which leads them to accept or decline taking on your case.
There are several reasons why a medical malpractice lawyer won’t take your case, including:
Medical Malpractice Statute of Limitations
Each state has a statute of limitations on the amount of time you have from the discovery of the injury to file a lawsuit. This time constraint can vary. The Statute of Limitations for Medical Malpractice in Maryland is three years from the day you discover the injury or five years from when the injury occurred, whichever comes first. It’s important to contact an attorney as soon as possible following your injuries or the wrongful death of a loved one.
The Severity of Your Injuries
Successful medical malpractice cases typically involve severe or catastrophic injuries that cause lifelong disability and pain and suffering. Less serious injuries that still led to high medical bills, physical therapy, and caused you to miss work or quit working can still qualify, but it’s dependent on how much the injuries have truly impacted your current or lifelong quality of life. Personal injury lawyers have to consider if the medical malpractice settlement would be enough to balance out legal costs.
The Cause of Your Injuries
Medical malpractice claims have to prove that the resulting injuries were directly caused by a deviation from the standard of care. In other words, did the medical professional involved act differently than another medical professional with the same experience and training? If so, did that negligence lead to the injuries or would they have occurred either way?
The Monetary Value of Your Medical Malpractice Case
When you meet with a personal injury lawyer, they have to figure out the potential value of your case and weigh it against the estimated expenses. Attorneys may take over 30 percent of your settlement check and need to make sure you’ll still have enough compensation when those fees are paid. Medical malpractice lawyers typically cover the initial cost of examining records, reviewing with medical professionals, and re-enacting the scene, which adds up as the case can go on for a year or longer.
Proving Liability in Medical Malpractice Claims
Medical malpractice cases boil down to liability. A lawyer will likely take your case if it’s clear that the doctor or nurse deviated from the standard of care, but if there’s a gray area of liability that the lawyer doesn’t think is worth the financial risk, they will likely deny taking on your case.
Schedule a Free Consultation with a Maryland Personal Injury Lawyer
Our attorneys at Portner and Shure offer complimentary consultations so that you can discuss your injuries with a medical malpractice lawyer for free. We can examine the details of your case and determine whether or not to move forward.
If you or a loved one has been injured due to medical negligence, please contact our personal injury lawyers in Maryland today at (855) 954-4141 to schedule your FREE case evaluation. Portner and Shure serve clients in Maryland, Virginia, and Washington DC.